Privacy Act of 1974; System of Records, 10283-10286 [2022-03795]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10283-10286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03795]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA), National Cemetery 
Administration (NCA).

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) is updating the system of 
records in its inventory entitled, ``Veterans and Dependents National 
Cemetery Gravesite Reservation Records'' VA (41VA41). This system 
contains information related to Veterans and their dependents who have 
made gravesite reservations with the National Cemetery Administration 
(NCA). VA is amending the system of records by revising the Purpose, 
Routine Uses of Records Maintained in the System, Safeguards, and 
Notification Procedure. VA is republishing the system notice in its 
entirety.

DATES: Comments on this modified system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by VA, the 
modified system of records will become effective a minimum of 30 days 
after date of publication in the Federal Register. If VA receives 
public comments, VA shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Veterans and Dependents National Cemetery Gravesite 
Reservation Records VA'', (41VA41). Comments received will be available 
at regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Lakisha Wright, National Cemetery 
Administration (NCA) Privacy Officer (43E), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, telephone (202) 
632-7216 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The system of records 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 Office of National Cemetery Administration (NCA) has 
reviewed its systems of records notices and has determined its record 
system, ``Veterans and Dependents National Cemetery Interment Records 
VA'' (41VA41), should be amended to reflect evolving technology and 
procedures and to conform to current practice. The system of records is 
adding a Purpose Section. The Purpose Section more fully explains the 
mission of the National Cemetery Administration. The Safeguard section 
is being amended to list specific standards that will be applied to 
protect sensitive personal information. The Notification Procedures in 
the System is amended to reflect any individual who wishes to access 
information within system may submit a written request to the Privacy 
Officer. 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:
    Congress: To a Member of Congress or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record.
    Data breach response and remediation, for VA: To appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that there has been a breach of the system of records, (2) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, VA (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with VA's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    Data breach response and remediation, for Another Federal agency: 
To another Federal agency or Federal entity, when VA determines that 
the information from this system of

[[Page 10284]]

records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    Law enforcement: To a Federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing such law, provided 
that the disclosure is limited to information that, either alone or in 
conjunction with other information, indicates a violation or potential 
violation of law, whether civil, criminal, or regulatory in nature. The 
disclosure of the names and addresses of Veterans and their dependents 
from VA records under this routine use must also comply with the 
provisions of 38 U.S.C. 5701.
    DoJ for Litigation of Administrative Proceeding: To the Department 
of Justice (DoJ), or in a proceeding before a court, adjudicative body, 
or other administrative body before which VA is authorized to appear, 
when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components,

is a party to such proceedings or has an interest in such proceedings, 
and VA determines that use of such records is relevant and necessary to 
the proceedings.
    Contractors: To contractors, grantees, experts, consultants, 
students, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for VA, when 
reasonably necessary to accomplish an agency function related to the 
records.
    OPM: To the Office of Personnel Management (OPM) in connection with 
the application or effect of civil service laws, rules, regulations, or 
OPM guidelines in particular situations.
    EEOC: To the Equal Employment Opportunity Commission (EEOC) 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.
    FLRA: To the Federal Labor Relations Authority (FLRA) in connection 
with: The investigation and resolution of allegations of unfair labor 
practices, the resolution of exceptions to arbitration awards when a 
question of material fact is raised; matters before the Federal Service 
Impasses Panel; and the investigation of representation petitions and 
the conduct or supervision of representation elections.
    MSPB: To the Merit Systems Protection Board (MSPB) 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.
    NARA: To the National Archives and Records Administration (NARA) in 
records management inspections conducted under 44 U.S.C. 2904 and 2906, 
or other functions authorized by laws and policies governing NARA 
operations and VA records management responsibilities.
    Funeral Homes, for Arrangements: To funeral directors or 
representatives of funeral homes in order for them to make necessary 
arrangements prior to and in anticipation of a Veteran's impending 
death.
    Federal Agencies, for Research: To a Federal agency for the purpose 
of conducting research and data analysis to perform a statutory purpose 
of that Federal agency upon the prior written request of that agency.
    Federal Agencies, for Computer Matches: To other federal agencies 
for the purpose of conducting computer matches to obtain information to 
determine or verify eligibility of Veterans receiving VA benefits or 
medical care under Title 38.
    Federal Agencies, Courts, Litigants, for Litigation or 
Administrative Proceedings: To another federal agency, court, or party 
in litigation before a court or in an administrative proceeding 
conducted by a Federal agency, when the government is a party to the 
judicial or administrative proceeding.
    Former Employee or Contractor, Representative, for EEOC: To a 
former VA employee or contractor, as well as the authorized 
representative of a current or former employee or contractor of VA, in 
connection with investigations by the Equal Employment Opportunity 
Commission pertaining to alleged or possible discrimination practices, 
examinations of Federal affirmative employment programs, or other 
functions of the Commission as authorized by law or regulation.
    Former Employee or Contractor, Representative, for MSPB: To a 
former VA employee or contractor, as well as the authorized 
representative of a current or former employee or contractor of VA, in 
proceedings before the Merit Systems Protection Board and the Office of 
the Special Counsel 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 
otherwise authorized by law.
    Governmental Agencies, Health Organizations, for Claimants' 
Benefits: To Federal, state, and local government agencies and national 
health organizations as reasonably necessary to assist in the 
development of programs that will be beneficial to claimants, to 
protect their rights under law, and assure that they are receiving all 
benefits to which they are entitled.
    In accordance with the Privacy Act, 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, Office of 
Management and Budget.

Signing Authority

    The Senior Agency Official for Privacy, 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. Neil C. 
Evans, M.D., Chief Officer, Connected Care, Performing the Delegable 
Duties of the Assistant Secretary for Information and Technology and 
Chief Information Officer, approved this document on January 11, 2022 
for publication.

    Dated: February 17, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    Veterans and Dependents National Cemetery Gravesite Reservation 
Records-VA (41VA41)

SECURITY CLASSIFICATION
    Unclassified

SYSTEM LOCATION:
    Records are maintained at the National Cemetery Administration

[[Page 10285]]

(41B), VA Central Office, Washington DC 20420.

SYSTEM MANAGER(S):
    Lisa Pozzebon, Executive Director of Cemetery Operations (41A), 
National Cemetery Administration, VA Central Office, 810 Vermont Avenue 
NW, Washington, DC 20420, telephone (202) 461-9340.

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

PURPOSE(S) OF THE SYSTEM:
    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.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records contain information on Veterans, family members of 
Veterans, Members of the Armed Forces (Service members), family members 
of Service members, 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 
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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. Congress: To a Member of Congress or staff acting upon the 
Member's behalf when the Member or staff requests the information on 
behalf of, and at the request of, the individual who is the subject of 
the record.
    2. Data breach response and remediation, for VA: To appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that there has been a breach of the system of records, (2) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, VA (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with VA's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    3. Data breach response and remediation, for Another Federal 
Agency: To another Federal agency or Federal entity, when VA determines 
that the information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    4. Law enforcement: To a Federal, state, local, territorial, 
tribal, or foreign law enforcement authority or other appropriate 
entity charged with the responsibility of investigating or prosecuting 
such violation or charged with enforcing or implementing such law, 
provided that the disclosure is limited to information that, either 
alone or in conjunction with other information, indicates a violation 
or potential violation of law, whether civil, criminal, or regulatory 
in nature. The disclosure of the names and addresses of Veterans and 
their dependents from VA records under this routine use must also 
comply with the provisions of 38 U.S.C. 5701.
    5. DoJ for Litigation of Administrative Proceeding: To the 
Department of Justice (DoJ), or in a proceeding before a court, 
adjudicative body, or other administrative body before which VA is 
authorized to appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components,
    is a party to such proceedings or has an interest in such 
proceedings, and VA determines that use of such records is relevant and 
necessary to the proceedings.
    6. Contractors: To contractors, grantees, experts, consultants, 
students, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for VA, when 
reasonably necessary to

[[Page 10286]]

accomplish an agency function related to the records.
    7. OPM: To the Office of Personnel Management (OPM) in connection 
with the application or effect of civil service laws, rules, 
regulations, or OPM guidelines in particular situations.
    8. EEOC: To the Equal Employment Opportunity Commission (EEOC) 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.
    9. FLRA: To the Federal Labor Relations Authority (FLRA) in 
connection with: The investigation and resolution of allegations of 
unfair labor practices, the resolution of exceptions to arbitration 
awards when a question of material fact is raised; matters before the 
Federal Service Impasses Panel; and the investigation of representation 
petitions and the conduct or supervision of representation elections.
    10. MSPB: To the Merit Systems Protection Board (MSPB) 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. NARA: To the National Archives and Records Administration 
(NARA) in records management inspections conducted under 44 U.S.C. 2904 
and 2906, or other functions authorized by laws and policies governing 
NARA operations and VA records management responsibilities.
    12. Funeral Homes, for Arrangements: To funeral directors or 
representatives of funeral homes in order for them to make necessary 
arrangements prior to and in anticipation of a Veteran's impending 
death.
    13. Federal Agencies, for Research: To a Federal agency for the 
purpose of conducting research and data analysis to perform a statutory 
purpose of that Federal agency upon the prior written request of that 
agency.
    14. Federal Agencies, for Computer Matches: To other federal 
agencies for the purpose of conducting computer matches to obtain 
information to determine or verify eligibility of Veterans receiving VA 
benefits or medical care under Title 38.
    15. Federal Agencies, Courts, Litigants, for Litigation or 
Administrative Proceedings: To another federal agency, court, or party 
in litigation before a court or in an administrative proceeding 
conducted by a Federal agency, when the government is a party to the 
judicial or administrative proceeding.
    16. Former Employee or Contractor, Representative, for EEOC: To a 
former VA employee or contractor, as well as the authorized 
representative of a current or former employee or contractor of VA, in 
connection with investigations by the Equal Employment Opportunity 
Commission pertaining to alleged or possible discrimination practices, 
examinations of Federal affirmative employment programs, or other 
functions of the Commission as authorized by law or regulation.
    17. Former Employee or Contractor, Representative, for MSPB: To a 
former VA employee or contractor, as well as the authorized 
representative of a current or former employee or contractor of VA, in 
proceedings before the Merit Systems Protection Board and the Office of 
the Special Counsel (OSC) 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 otherwise authorized by law.
    18. Governmental Agencies, Health Organizations, for Claimants' 
Benefits: To Federal, state, and local government agencies and national 
health organizations as reasonably necessary to assist in the 
development of programs that will be beneficial to claimants, to 
protect their rights under law, and assure that they are receiving all 
benefits to which they are entitled.

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

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by 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 in this system are retained in accordance with records 
retention standards approved by the Archivist of the United States, 
National Cemetery Records, NC1-015-85-14.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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 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.

RECORD ACCESS PROCEDURES:
    Individuals seeking information on the existence and content of 
records in this system pertaining to them should contact the system 
manager in writing as indicated above. A request for access to records 
must contain the requester's full name, address, telephone number, be 
signed by the requester, and describe the records sought in sufficient 
detail to enable VA personnel to locate them with a reasonable amount 
of effort.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records in this system 
pertaining to them should contact the system manager in writing as 
indicated above. A request to contest or amend records must state 
clearly and concisely what record is being contested, the reasons for 
contesting it, and the proposed amendment to the record.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The SORN was published prior to 1995.
[FR Doc. 2022-03795 Filed 2-22-22; 8:45 am]
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