Notice2022-03795
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2022
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10283-10286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.Regulations.gov">www.Regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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]
BILLING CODE P
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</html>Indexed from Federal Register on February 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.