Privacy Act of 1974; System of Records, 63680-63684 [2023-20046]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63680-63684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20046]


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

DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

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

[[Page 63681]]


ACTION: Notice of a modified system of records.

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

SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that VA is modifying the system of records in its inventory titled, 
``Veterans and Dependents National Cemetery Interment Records-VA'' 
(42VA41). This system contains information related to Veterans and 
their dependents who have been interred in an NCA cemetery, state 
cemetery or tribal cemetery.

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), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Veterans and Dependents National Cemetery Interment 
Records-VA'' (42VA41). Comments received will be available at 
regulations.gov for public viewing, inspection or copies.

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

SUPPLEMENTARY INFORMATION: VA is amending the system of records by 
revising the Purpose of the System; Categories of Individuals Covered 
by the System; Categories of Records in the System; Record Source 
Categories; Routine Uses of Records Maintained in the System; Policies 
and Practices for Storage of Records; Policies and Practices for 
Retrieval of Records; Policies and Practices for Retention and Disposal 
of Records; Administrative, Technical, and Physical Safeguards; Record 
Access Procedures; Contesting Record Procedures; and Notification 
Procedures. VA is republishing the system notice in its entirety.
    The system of records will now include a Purpose section. The 
Purpose will state ``The purposes for which the records are used 
include: 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 interments upon request of families, funeral 
homes, and others of eligible decedents at VA national cemeteries; 
investigations of potential bars to benefits for otherwise eligible 
individuals; providing a repository for military, personal, and 
administrative information that is collected, retrieved, and disclosed 
to authorized individuals related to burials 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.''
    Categories of Individuals Covered by the System is being amended to 
remove current language and include ``The records contain information 
on Veterans, dependents and family members of Veterans, Service 
members, family members of Service members, Reservists and Retirees 
(Active Duty, Reserves or National Guard), other VA customers such as 
attorneys, agents, Veterans Service Organizations, funeral directors, 
coroners, Missing in America Project (MIAP) volunteers), State and 
local governmental administrators, and VA authorized users permitted by 
VA to access VA IT systems.
    Categories of Records in the System is being amended to remove 
current language and include ``Records may contain demographics and 
personal identifiers such as names, mailing addresses, email addresses, 
phone numbers, social security numbers, VA claim numbers, military 
service numbers, date of birth, place of birth, date of death, gender, 
marital records, health records and health related information. Records 
may also contain socioeconomic characteristics such as education and 
training, military employment information, as well as military service 
information such as 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.
    Record Source Categories is being amended to remove current 
language and include ``Information in this system of records is 
provided by Veterans, Veteran beneficiaries, Veteran dependents, 
members of the Armed Forces of the United States, including Reserves 
and National Guard, and their beneficiaries, other individuals such as 
funeral home directors, coroners, medical examiners initiating 
eligibility determinations on behalf of claimants, VA employees, other 
VA authorized users (e.g., Department of Defense, State and Tribal 
government employees), other VA IT systems and databases, VA claims 
records and official military records IT systems.
    VA is proposing the following routine use disclosures of 
information to be maintained in the system: Congress; Data Breach 
Response and Remediation, for VA; Data Breach Response and Remediation 
for Another Federal Agency; Law Enforcement; Department of Justice 
(DoJ), for Litigation of Administrative Proceeding; Contractors; Office 
of Personnel Management (OPM); Equal Employment Opportunity Commission 
(EEOC); Federal Labor Relations Authority (FLRA); Merit Systems 
Protection Board (MSPB); National Archives and Records Administration 
(NARA); 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 EEOC; Former Employee or Contractor, 
Representative for MSPB, Office of Special Counsel (OSC); and 
Governmental Agencies, Health Organizations for Claimants' Benefits.
    Policies and Practices for Storage of Records is being amended to 
remove current language and include ``Records in this system are 
maintained in paper, electronic and microfilm formats.''
    Policies and Practices for Retrieval of Records is being amended to 
remove current language and include ``Records are retrieved by name 
only; name and one or more numbers (i.e., military service number or 
social security number); 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.''
    Records in this system are retained in accordance with records 
retention standards approved by the Archivist of the United States, 
National Cemetery Records, N1-15-99-4. Permanent records are 
electronically stored and retained in VA IT systems.
    The Administrative, Technical, and Physical Safeguard section is 
being amended to include ``Information in this proposed system of 
records will be protected from unauthorized access

[[Page 63682]]

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. 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.
    Record Access Procedures is being amended to remove current 
language and include ``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 or may write or visit 
the VA facility location where they normally receive their care. 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 Records Procedures is being amended to remove current 
language and include ``Individuals seeking to contest or amend records 
in this system pertaining to them should contact the system manager in 
writing as indicated above or may write or visit the VA facility 
location where they normally receive their care. 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.'' The Notification Procedures in the System is amended to 
remove the current 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 August 7, 2023 for 
publication.

    Dated: September 12, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of 
Compliance, Risk and Remediation, Office of Information and Technology, 
Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    Veterans and Dependents National Cemetery Interment Records-VA 
(42VA41).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the National Cemetery Administration 
(41), 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 202-461-0265, [email protected].

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

PURPOSE(S) OF THE SYSTEM:
    The purposes for which the records are used include: 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 
interments 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; 
providing a repository for military, personal, and administrative 
information that is collected, retrieved, and disclosed to authorized 
individuals related to burials 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.

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

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may contain demographics and personal identifiers such as 
names, mailing addresses, email addresses, phone numbers, social 
security numbers, VA claim numbers, military service numbers, date of 
birth, place of birth, date of death, gender, marital records, health 
records and health related information. Records may also contain 
socioeconomic characteristics such as education and training, military 
employment information, as well as military service information such as 
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.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by Veterans; 
Veteran beneficiaries; Veteran dependents; members of the Armed Forces 
of the United States, including Reserves and National Guard, and their 
beneficiaries; other individuals such as funeral home directors, 
coroners, medical examiners initiating eligibility determinations on 
behalf of claimants; VA employees; other VA authorized users (e.g., 
Department of Defense, State and Tribal government employees); other 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

[[Page 63683]]

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.
    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 OPM in connection with 
the application or effect of civil service laws, rules, regulations, or 
OPM guidelines in particular situations.
    8. Equal Employment Opportunity Commission (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. Merit Systems Protection Board (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 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 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 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, Office 
of the Special Counsel (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 the 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 in this system are maintained in paper, electronic and 
microfilm formats.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name only; name and one or more numbers 
(i.e., military service number or social security number); 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, NCA 
Records Control Schedule, N1-15-99-4. Permanent records are 
electronically stored and retained in VA IT systems.

[[Page 63684]]

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 physical barriers, 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.

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 or may write or visit the VA 
facility location where they normally receive their care. 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 or may write or visit the VA facility location where 
they normally receive their care. 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. 2023-20046 Filed 9-14-23; 8:45 am]
BILLING CODE P