[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29805-29808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09691]


=======================================================================
-----------------------------------------------------------------------

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 VA is modifying the system of records titled, ``VA National 
Cemetery Pre-Need Eligibility Determination Records-VA'' (175VA41A). 
This system is used for the provision of VA burial and memorial 
benefits.

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

[[Page 29806]]

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 ``VA National Cemetery Pre-Need Eligibility 
Determination Records-VA'' (175VA41A). 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], (321) 200-7477 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: VA is amending the system of records by 
revising the 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.
    The Routine Use of Records Maintained in the System section is 
being amended to reflect the Departmental requirement additional 
routine uses to further clarify appropriate and necessary disclosures.
    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; DoJ, Litigation, 
Administrative Proceeding; Contractors; OPM; EEOC; FLRA; MSPB; NARA; 
Funeral Homes, for Arrangements; Federal Agencies, for Research; 
Federal Agencies, for Computer Matche; Federal Agencies, Courts, 
Litigants, for Litigation or Administrative Proceedings; Former 
Employee or Contractor, Representative, for EEOC; Former Employee or 
Contractor, Representative, for MSPB, OSC; and Governmental Agencies, 
Health Organizations, for Claimants' Benefits.
    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.
    The previous language is being removed from the Notification 
Section. It is being replaced with: ``Generalized notice is provided by 
the publication of this notice. For specific notice, see Record Access 
Procedure, above.''

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 3, 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:
    VA National Cemetery Pre-Need Eligibility Determination Records-VA 
(175VA41A).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the National Cemetery Scheduling Office 
(41B2), Suite 200, 4850 Lemay Ferry Road, St. Louis, MO, 63129.

SYSTEM MANAGER(S):
    The Official maintaining this system of records and responsible for 
policies and procedures is Jay Dalrymple, Director, National Cemetery 
Scheduling Office (41B2), National Cemetery Scheduling Office, Suite 
200, 4850 Lemay Ferry Road, St. Louis, MO 63129, telephone (314)728-
0438, [email protected].

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

PURPOSE(S) OF THE SYSTEM:
    This system is used for 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. VA will maintain records and 
information associated with preneed claims in a recallable system for 
use at a claimant's time of death and upon receipt of a request for 
burial in a VA national cemetery for that claimant. Data may also be 
used at an aggregate non-personally identifiable level to track and 
evaluate memorial and burial benefit initiatives.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records contain information on Veterans; family members of 
Veterans; Members of the Armed Forces (Servicemembers); family members 
of Servicemembers; 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 online submission 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); and 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

[[Page 29807]]

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:
    Records in this system are 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 pre-
need eligibility determinations on behalf of claimants; and VA 
employees.

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,[middot] (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 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 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

[[Page 29808]]

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 National Cemetery Scheduling Office. Records are 
maintained on electronic storage media including magnetic tape, disk, 
and laser optical media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system are retrieved using 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 and disposed of in accordance 
with the schedule approved by the Archivist of the United States, 
National Cemetery Administration Records Control Schedule, N1-15-99-4.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in the system are protected from unauthorized access 
through administrative, physical, and technical safeguards. Access to 
the hard copy and computerized records are 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, 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:
    81 FR 54919 (August 16, 2016).

[FR Doc. 2023-09691 Filed 5-5-23; 8:45 am]
BILLING CODE P