Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65063 

8. VA may disclose information to the 

Equal Employment Opportunity 

Commission when requested in 

connection with investigations of 

alleged or possible discriminatory 

practices, examination of Federal 

affirmative employment programs, or for 

other functions of the Commission as 

authorized by law or regulation. 

9. VA may disclose to the Fair Labor 

Relations Authority (FLRA) (including 

its General Counsel) information related 

to the establishment of jurisdiction, the 

investigation and resolution of 

allegations of unfair labor practices, or 

information in connection with the 

resolution of exceptions to arbitration 

awards when a question of material fact 

is raised; to disclose information in 

matters properly before the Federal 

Services Impasse Panel, and to 

investigate representation petitions and 

conduct or supervise representation 

elections. 

10. VA may disclose information to 

officials of the Merit Systems Protection 

Board (MSPB), or the Office of Special 

Counsel, when requested 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. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained on the 

Canandaigua VA Medical Center’s 

secure computer server. 

RETRIEVABILITY: 

Records are retrieved by name, social 

security number or other assigned 

identifiers of the individuals on whom 

they are maintained. 

SAFEGUARDS: 

1. VA 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. VA’s 

security measures complies with 

applicable Federal Information 

Processing Standards (FIPS) issued by 

the National Institute of Standards and 

Technology (NIST). Access to VA 

working and storage areas is restricted 

to VA employees on a ‘‘need-to-know’’ 

basis; strict control measures are 

enforced to ensure that disclosure to 

these individuals is also based on this 

same principle. They are required to 

take annual VA mandatory data privacy 

and security training. Generally, VA file 

areas are locked after normal duty hours 

and the facilities are protected from 

outside access by the Federal Protective 

Service or other security personnel. 

2. Access to computer rooms at the 

Canandaigua VA Medical Center is 

limited by appropriate locking devices 

and restricted to authorized VA 

employees and vendor personnel. 

Peripheral devices are placed in secure 

areas (areas that are locked or have 

limited access) or are otherwise 

protected. Information stored on the 

Suicide Prevention Database–VA may 

be accessed by authorized VA 

employees. Access to file information is 

controlled at two levels; the systems 

recognize authorized employees by 

series of individually unique 

passwords/codes as a part of each data 

message, and the employees are limited 

to only that information in the file 

which is needed in the performance of 

their official duties. Information that is 

downloaded from the Suicide 

Prevention Database–VA and 

maintained on personal computers is 

afforded similar storage and access 

protections as the data that is 

maintained in the original files. Access 

to information stored on automated 

storage media at other VA locations is 

controlled by individually unique 

passwords/codes. 

RETENTION AND DISPOSAL: 

Paper records and information are 

maintained and disposed of in 

accordance with records disposition 

authority approved by the Archivist of 

the United States. 

SYSTEM MANAGER(S) AND ADDRESS: 

Official responsible for policies and 

procedures; VISN 2 Center of Excellence 

at Canandaigua VA Medical Center 

(528A5), 400 Fort Hill Avenue, 

Canandaigua, NY 14424. Officials 

responsible for the system of records 

include Craig S. Howard, Director, 

Canandaigua VA Medical Center; Kerry 

L. Knox, Ph.D., Director, VISN 2 Center 

of Excellence; Janet Kemp, RN, Ph.D., 

Associate Director Education and 

Training, VISN 2 Center of Excellence. 

NOTIFICATION PROCEDURE: 

Individuals who wish to determine 

whether this system of records contains 

information about them should contact 

the Canandaigua VA Medical Center. 

Inquiries should include the person’s 

full name, social security number, dates 

of employment, date(s) of contact, and 

return address. 

RECORD ACCESS PROCEDURE: 

Individuals seeking information 

regarding access to and contesting of 

records in this system may write, call or 

visit the Canandaigua VA Medical 

Center. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is provided by VHA employees. 

[FR Doc. 2010–26489 Filed 10–20–10; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of amendment and 

republication of an existing system of 

records. 

SUMMARY: As required by the Privacy 

Act of 1974 5 U.S.C. 552a(e)4, notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records in its inventory 

entitled ‘‘Veterans (Deceased) Headstone 

or Marker Records—VA’’ (48VA40B) as 

set forth in Public Law 93–43. VA is 

amending the system of records by 

revising the Purpose, Routine Uses of 


jlentini on DSKJ8SOYB1PROD with NOTICES
65064 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

Records Maintained in the System, 

Safeguards, Categories of Individuals 

Covered by the System and Notification 

Procedures. VA is republishing the 

system notice in its entirety. 

DATES: Comments on this amended 

system of records must be received no 

later than November 22, 2010. If no 

public comment is received during the 

period allowed for comment or unless 

otherwise published in the Federal 

Register by VA, the amended system 

will become effective November 22, 

2010. 

ADDRESSES: Written comments 

concerning the proposed amended 

system of records may be submitted 

through http://www.Regulations.gov; by 

mail or hand-delivery to Director, 

Regulations Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420; by fax to (202) 273–9026. 

Comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 

8 a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 for an appointment, 

(this is not a toll free number). In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Privacy Officer, National Cemetery 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, or fax comments 

to telephone (202) 273–6699. 

SUPPLEMENTARY INFORMATION: This 

publication 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 National Cemetery Administration 

(NCA) has reviewed its systems of 

records notices and has determined its 

record system, ‘‘Veterans (Deceased) 

Headstone or Marker Records— VA’’ 

(48VA40B) should be amended to reflect 

evolving technology and procedures and 

to conform to current practice. 

This system of records is also 

amended by revising the Purpose 

section. The Purposes section more fully 

explains the mission of the VA NCA 

Interment Records system. 

The Safeguards section is being 

amended to list specific standards that 

will be applied to protect sensitive 

personal information. 

The Notification Procedures are 

amended to reflect any individual who 

wishes to access information within the 

system may submit a written request to 

the Privacy Officer. 

Routine Use of Records Maintained in 

the System is being amended to reflect 

the Departmental requirement of adding 

seven routine uses to further clarify 

appropriate and necessary disclosures. 

Former routine use numbers 1, 3, and 4 

remain the same. 

Routine use number 1 remains the 

same and allows for use in connection 

with the issuance of a government 

headstone or marker in a National 

Cemetery or a private cemetery. 

Routine use number 2 is revised to 

better allow the disclosure by VA, on its 

own initiative, any information in the 

system, except the names and home 

addresses of Veterans and their 

dependents, that is relevant to a 

suspected or reasonably imminent 

violation of the law whether civil, 

criminal, or regulatory in nature and 

whether arising by general or program 

statute or by regulation, rule, or order 

issued pursuant thereto, to a Federal, 

state, local, tribal, or foreign agency 

charged with the responsibility of 

investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of Veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

Routine use number 3 remains the 

same and allows for disclosure to a 

foreign government allied with the U.S. 

during war, or a Federal, State or local 

agency maintaining civil, criminal or 

other pertinent information or military 

service data, if necessary to obtain 

information relevant to an agency 

decision concerning eligibility for burial 

or a reservation in a national cemetery 

or the issuance of a government 

headstone to mark a grave. 

Routine use number 4 remains the 

same and allows disclosure to a Federal 

agency in response to its request in 

connection with the granting of a benefit 

to a veteran (including active duty 

personnel) or a dependent by the 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

Routine use number 5 is revised to 

better allow for disclosure to a Member 

of Congress, or a staff person acting for 

the Member, when the Member or staff 

person requests the record on behalf of 

and at the written request of the 

individual. 

Routine use number 6 is revised to 

better allow disclosure to the National 

Archives and Records Administration in 

records management inspections 

conducted under authority of Title 44 

U.S.C. 

Routine use number 7 is added and 

allows VA to disclose records to the 

Department of Justice (DoJ), either on 

VA’s initiative or in response to DoJ’s 

request for the information, after either 

VA or DoJ determines that such 

information is relevant to DoJ’s 

representation of the United States or 

any of its components in legal 

proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

Routine use number 8 is added and 

allows for the disclosure of relevant 

information to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

Routine use number 9 is added and 

allows disclosure to other Federal 

agencies to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

Routine use number 10 is added to 

allow for the appropriate mitigation of 

a possible data breach. This routine use 

permits disclosures by including the 

conduct of any risk analysis or 

provision of credit protection services as 

provided in 38 U.S.C. 5724, as the terms 

are defined in 38 U.S.C. 5727. 

The notice of amendment and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65065 

Approved: September 16, 2010. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

48VA40B 

SYSTEM NAME: 

‘‘Veterans (Deceased) Headstone or 

Marker Records—VA’’. 

SYSTEM LOCATION: 

Records are maintained at the 

Department of Veterans Affairs (VA) 

Central Office, Washington, DC. 

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. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Public Law 93–43. 

PURPOSE: 

National Cemetery Administration 

(NCA) collects a limited amount of 

personally Identifiable information in 

order to provide authorized individual’s 

access to or interact with the 

Department of Veterans Affairs. The 

system enables VA to maintain lists of 

individuals who receive a variety of 

Federal Veteran’s Benefits administered 

by VA at VA facilities located 

throughout the country. VA gathers or 

creates these records in order to enable 

it to administer these statutory benefits 

programs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Information from this system also may 

be disclosed as a routine use for the 

following purposes: 

1. For use in connection with the 

issuance of a government headstone or 

marker in a National Cemetery or a 

private cemetery. 

2. VA on its own initiative may 

disclose any information in the system, 

except the names and home addresses of 

Veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, State, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of Veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

3. A record from this system of 

records may be disclosed as a ‘‘routine 

use’’ to a foreign government allied with 

the U.S. during war, or a Federal, State 

or local agency maintaining civil, 

criminal or other pertinent information 

or military service data, if necessary to 

obtain information relevant to an agency 

decision concerning eligibility for burial 

or a reservation in a national cemetery 

or the issuance of a government 

headstone to mark a grave. 

4. A record from this system of 

records may be disclosed to a Federal 

agency, in response to its request, in 

connection with the granting of a benefit 

to a Veteran (including active duty 

personnel) or a dependent by the 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

5. The record of an individual who is 

covered by a system of records may be 

disclosed to a Member of congress, or a 

staff person acting for the Member, 

when the Member or staff person 

requests the record on behalf of and at 

the written request of the individual. 

6. Disclosure may be made to the 

National Archives and Records 

Administration in records management 

inspections conducted under authority 

of Title 44 U.S.C. 

7. VA may disclose records to the 

Department of Justice (DoJ), either on 

VA’s initiative or in response to DoJ’s 

request for the information, after either 

VA or DoJ determines that such 

information is relevant to DoJ’s 

representation of the United States or 

any of its components in legal 

proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

8. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

9. Disclosure to other Federal agencies 

may be made to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

10. VA may, on its own initiative 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the potentially 

compromised information; and (3) the 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The information contained in the 

Veterans (Deceased) Headstone and 

Marker Records are maintained in paper 

documents and are stored at Veterans 

Administration Central Office. 

RETRIEVABILITY: 

Paper documents are indexed and 

retrievable by name of VA beneficiary or 

eligible family member. 


jlentini on DSKJ8SOYB1PROD with NOTICES
65066 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

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. 

RETENTION AND DISPOSAL: 

Because the information is related to 

deceased veterans, the paper documents 

are retained indefinitely. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, National Cemetery 

Administration (41), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420. 

NOTIFICATION PROCEDURE: 

Any individual who wishes to access 

information in order to determine 

whether a record is being maintained in 

this system under his or her name or 

other personal identifier, or wants to 

determine the content of such records 

should submit a written request to the 

Privacy Officer, National Cemetery 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420. All inquiries 

must reasonably identify the type of 

records involved. Inquiries should 

include the individual’s full name, 

branch of service, dates of service, 

service numbers, social security 

number, and date of birth. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Include family members of the 

deceased, official military records and 

VA claims records. 

[FR Doc. 2010–26490 Filed 10–20–10; 8:45 am] 

BILLING CODE 8320–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES