Notice2023-01601
Privacy Act of 1974; System of Records
Primary source
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Published
January 27, 2023
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 updating the contact information and correcting the system name in the preamble. VA is republishing the system notice in its entirety.
Full Text
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<title>Federal Register, Volume 88 Issue 18 (Friday, January 27, 2023)</title>
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[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5435-5437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01601]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: National Cemetery Administration (NCA), Department of Veterans
Affairs (VA).
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 updating the contact information and correcting the system
name in the preamble. 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: Cindy Merritt, National Cemetery
Administration (NCA) Privacy Officer (43E), Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420,
<a href="/cdn-cgi/l/email-protection#76351f18120f583b1304041f020236001758111900"><span class="__cf_email__" data-cfemail="cd8ea4a3a9b4e380a8bfbfa4b9b98dbbace3aaa2bb">[email protected]</span></a>, telephone (321) 200-7477 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: The system name, which was incorrectly
listed in Supplementary Information section of the February 23, 2022,
publication, is ``Veterans and Dependents National Cemetery Gravesite
Reservation Records--VA''.
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 January 23, 2023 for
publication.
Dated: January 23, 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 and Dependents National Cemetery Gravesite Reservation
Records--VA (41VA41).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the National Cemetery Administration
(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, <a href="/cdn-cgi/l/email-protection#80cce9f3e1aed0effafae5e2efeec0f6e1aee7eff6"><span class="__cf_email__" data-cfemail="d498bda7b5fa84bbaeaeb1b6bbba94a2b5fab3bba2">[email protected]</span></a>, telephone (202) 461-
9340.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38 U.S.C. 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
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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 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, Litigation, 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 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 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
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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, 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 Merit Systems Protection Board or 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.
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 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:
87 FR 10283 (Feb. 23, 2022).
[FR Doc. 2023-01601 Filed 1-26-23; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on January 27, 2023.
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.