Notice2023-09838
Privacy Act of 1974; System of Records
Primary source
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Published
May 9, 2023
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 89 (Tuesday, May 9, 2023)</title>
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[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29973-29976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09838]
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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 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 <a href="http://www.Regulations.gov">www.Regulations.gov</a> 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 <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#296a40474d5007644c5b5b405d5d695f48074e465f"><span class="__cf_email__" data-cfemail="e8ab81868c91c6a58d9a9a819c9ca89e89c68f879e">[email protected]</span></a>, 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, <a href="/cdn-cgi/l/email-protection#92d3e0e6fbe1bcc2f3e0f9f7e0d2e4f3bcf5fde4"><span class="__cf_email__" data-cfemail="e5a497918c96cbb584978e8097a59384cb828a93">[email protected]</span></a>, 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
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</html>Indexed from Federal Register on May 9, 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.