[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Notices]
[Page 76498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7801]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; Report of Matching Program

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of Veterans Affairs 
(VA) intends to conduct a recurring computer matching program matching 
Department of Justice, Bureau of Prisons (BOP), inmate records with VA 
pension, compensation, and dependency and indemnity compensation (DIC) 
records. The goal of this match is to identify incarcerated veterans 
and beneficiaries who are receiving VA benefits, and to reduce or 
terminate benefits, if appropriate. The match will include records of 
current VA beneficiaries.

DATES: The match will start no sooner than 30 days after publication of 
this notice in the Federal Register, or 40 days after copies of this 
Notice and the agreement of the parties is submitted to Congress and 
the Office of Management and Budget, whichever is later, and end not 
more than 18 months after the agreement is properly implemented by the 
parties. The involved agencies' Data Integrity Boards (DIB) may extend 
this match for 12 months provided the agencies certify to their DIBs, 
within three months of the ending date of the original match, that the 
matching program will be conducted without change and that the matching 
program has been conducted in compliance with the original matching 
program.

ADDRESSES: Written comments may be submitted by: Mail or hand-delivery 
to Director, Regulations Management (00REG1), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC 20420; fax 
to (202) 273-9026; or e-mail to [email protected]. All 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) 273-9515 for an appointment.

FOR FURTHER INFORMATION CONTACT: Pamela Liverman (212A), (757) 858-
6148, ext. 107.

SUPPLEMENTARY INFORMATION: VA will use this information to verify 
incarceration and adjust VA benefit payments as prescribed by law. The 
proposed matching program will enable VA to accurately identify 
beneficiaries who are incarcerated for a felony or a misdemeanor in a 
Federal penal facility.
    The legal authority to conduct this match is 38 U.S.C. 1505, 5106, 
and 5313. Section 5106 requires any Federal department or agency to 
provide VA such information as VA requests for the purposes of 
determining eligibility for, or the amount of VA benefits, or verifying 
other information with respect thereto. Section 1505 provides that no 
VA pension benefits shall be paid to or for any person eligible for 
such benefits, during the period of that person's incarceration as the 
result of conviction of a felony or misdemeanor, beginning on the 
sixty-first day of incarceration. Section 5313 provides that VA 
compensation or dependency and indemnity compensation above a specified 
amount shall not be paid to any person eligible for such benefits, 
during the period of that person's incarceration as the result of 
conviction of a felony, beginning on the sixty-first day of 
incarceration.
    The VA records involved in the match are the VA system of records, 
VA Compensation, Pension and Education and Rehabilitation Records--VA 
(58 VA 21/22), first published at 41 FR 9294 (March 3, 1976), and last 
amended at 66 FR 47725 (9/13/01) with other amendments as cited 
therein. The BOP records consist of information from the system of 
records identified as Inmate Central Records System, Justice/BOP-005 
published on June 7, 1984 (48 FR 23711). In accordance with Title 5 
U.S.C. subsection 552a(o)(2) and (r), copies of the agreement are being 
sent to both Houses of Congress and to the Office of Management and 
Budget. This notice is provided in accordance with the provisions of 
the Privacy Act of 1974 as amended by Public Law 100-503.

    Approved: December 6, 2005.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
[FR Doc. E5-7801 Filed 12-23-05; 8:45 am]
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