Privacy Act of 1974; System of Records, 29973-29976 [2023-09838]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29973-29976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09838]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that the VA is modifying the system of records in its inventory titled, 
``Veterans (Deceased) Headstone or Marker Records--VA'' (48VA40B). The 
records in this system relate to deceased veterans and their eligible 
family members and consist primarily of Military Service Data, place of 
burial, and data on headstone or marker.

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, (005X6F),

[[Page 29974]]

Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Veterans (Deceased) Headstone or Marker Records--VA'' 
(48VA40B). Comments received will be available at regulations.gov for 
public viewing, inspection, or copies.

FOR FURTHER INFORMATION CONTACT: Cindy Merritt, National Cemetery 
Administration (NCA) Privacy Officer (43E), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 
[email protected], telephone (321) 200-7477 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: VA is amending the system of records by 
revising the Purpose, Routine Uses of Records Maintained in the System, 
Policies and Practices for Retention and Disposal of Records, Record 
Access Procedures, Contesting Record Procedures, and Notification 
Procedures. VA is republishing the system notice in its entirety.
    Routine Use of Records Maintained in the System is being amended to 
reflect the Departmental requirement of seven additional routine uses 
that further clarify appropriate and necessary disclosures: Funeral 
Homes, for Arrangements; Federal Agencies, for Research; Federal 
Agencies, for Computer Matches; Federal Agencies, Courts, Litigants, 
for Litigation or Administrative Proceedings; Former Employee or 
Contractor, Representative, for Equal Employment Opportunity Commission 
(EEOC); Former Employee or Contractor, Representative, for Merit 
Systems Protection Board (MSPB), Office of Special Counsel (OSC); 
Governmental Agencies, Health Organizations, for Claimants' Benefits.
    The Purpose is being amended and will now reflect the following 
language: ``This system is used to facilitate the administration of 
statutory benefit programs that relate to deceased veterans and family 
members who are eligible for a variety of Federal benefits administered 
by VA at VA facilities; at national, state, tribal, and private 
cemeteries located throughout the country; as well as worldwide. The 
records consist primarily of Military Service Data, place of burial, 
and data on headstone or marker.''
    The Policies and Practices for Retention and Disposal of Records 
section is being amended to include a reference to the applicable 
records control schedule.
    The Record Access Procedures and Contesting Record Procedures 
sections are being amended to refer the reader to the system manager 
instead of a specific address.
    Notification Procedures is being amended to remove the prior 
language and include ``Generalized notice is provided by the 
publication of this notice. For specific notice, see Record Access 
Procedure above.''
    The Report of Intent to Amend a System of Records Notice 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 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. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on March 29, 2023 for 
publication.

    Dated: May 4, 2023.
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 (Deceased) Headstone or Marker.
    Records-VA (48VA40B).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the National Cemetery Administration 
(41B), VA Central Office, 810 Vermont Avenue NW, Washington, DC 20420.

SYSTEM MANAGER(S):
    Artis Parker, Executive Director of Field Programs (41B), National 
Cemetery Scheduling Office, 4850 Lemay Ferry Road, Suite 205, St. 
Louis, MO 63129, [email protected], telephone (314) 416-6304.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    38 U.S.C. 2404.

PURPOSE(S) OF THE SYSTEM:
    This system is used to facilitate the administration of statutory 
benefit programs that relate to deceased veterans and family members 
who are eligible for a variety of Federal benefits administered by VA 
at VA facilities; at national, state, tribal, and private cemeteries 
located throughout the country; as well as worldwide. The records 
consist primarily of Military Service Data, place of burial, and data 
on headstone or marker.

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.

RECORD SOURCE CATEGORIES:
    Record sources include family members of the deceased, official 
military records and VA claims records.

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 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.

[[Page 29975]]

    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. Department of Justice (DoJ) for Litigation or Administrative 
Proceeding: To the 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 accomplish an agency function related to the 
records.
    7. Office of Personnel Management (OPM): To the OPM in connection 
with the application or effect of civil service laws, rules, 
regulations, or OPM guidelines in particular situations.
    8. EEOC: To the 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. Federal Labor Relations Authority (FLRA): To the 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 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. National Archives and Records Administration (NARA): To the 
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 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 EEOC 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, OSC: 
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 MSPB or 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: VA 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 are maintained on paper and are stored at VA Central 
Office.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by name of VA beneficiary or eligible 
family member.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained permanently in accordance with 
the schedule approved by the Archivist of the United States, NCA 
Records Control Schedule, NC1-15-85-9 item 21g(1)(a).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.

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.

[[Page 29976]]

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:
    75 FR 65063 (October 21, 2010).

[FR Doc. 2023-09838 Filed 5-8-23; 8:45 am]
BILLING CODE 8320-01-P