[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9791-9792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04605]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; Matching Program

AGENCY: Department of Veterans Affairs.

ACTION: Notice of modified matching program.

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SUMMARY: The Department of Veterans Affairs (VA) has a current 12 month 
computer matching agreement (CMA) re-establishment agreement with the 
Federal Bureau of Prisons (BOP) regarding Veterans who are in Federal 
prison and are also in receipt of compensation and pension benefits. 
The purpose of this CMA is to renew the agreement between VA, Veterans 
Benefits Administration (VBA) and the United States Department of 
Justice (DOJ), BOP. BOP will disclose information about individuals who 
are in federal prison. VBA will use this information as a match for 
recipients of Compensation and Pension benefits for adjustments of 
awards.

DATES: Comments on this new agreement 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 new agreement 
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. This matching program will be valid for 18 months from the 
effective date of this notice.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202) 
273-9026 (not a toll-free number). Comments should indicate that they 
are submitted in response to CMA between VA, VBA and Federal BOP. 
Copies of comments received will be available for public inspection in 
the Office of Regulation Policy and Management, Room 1063B, between the 
hours of 8:00 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, comments may be viewed online at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eric Robinson (VBA), 202-443-6016 
(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: This agreement continues an arrangement for 
a periodic computer-matching program between VA (VBA as the matching 
recipient agency) and DOJ (BOP as the matching source agency). This 
agreement sets forth the responsibilities of VBA and BOP with respect 
to information disclosed pursuant to this agreement and takes into 
account both agencies' responsibilities under the Privacy Act of 1974, 
5 U.S.C. 552a, as amended by the Computer Matching and Privacy 
Protection Act of 1988, as amended, and the regulations promulgated 
thereunder, including computer matching portions of a revision of OMB 
Circular No. A-130, 65 FR 77677 dated December 12, 2000. The matching 
agreement expired in June 2017. VA added more data elements to include 
``date of conviction'', ``type of offense'', and ``date of scheduled 
release''.
    Participating Agencies: VA (VBA as the matching recipient agency) 
and DOJ (BOP as the matching source agency).
    Authority for Conducting the Matching Program: 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 61st 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 benefit, during the period of that person's 
incarceration as the result of conviction of a felony, beginning on the 
61st day of incarceration.

[[Page 9792]]

    Purpose(s): The purpose of this matching program between VBA and 
BOP is to identify those Veterans and VA beneficiaries who are in 
receipt of certain VA benefit payments and who are confined (see 
Article II.G.) for a period exceeding 60 days due to a conviction for a 
felony or a misdemeanor. VBA has the obligation to reduce or suspend 
compensation, pension, and dependency and indemnity compensation 
benefit payments to Veterans and VA beneficiaries on the 61st day 
following conviction and incarceration in a Federal, State, or Local 
institution for a felony or a misdemeanor. VBA will use the BOP records 
provided in the match to update the master records of Veterans and VA 
beneficiaries receiving benefits and to adjust their VA benefits, 
accordingly, if needed.
    Categories of Individuals: Veterans who have applied for 
compensation for service-connected disability under 38 U.S.C. Chapter 
11; Veterans who have applied for nonservice-connected disability under 
38 U.S.C. Chapter 15; Veterans entitled to burial benefits under 38 
U.S.C. Chapter 23; Surviving spouses and children who have claimed 
pensions based on nonservice-connected death of a Veteran under 38 
U.S.C. Chapter 15; Surviving spouses and children who have claimed 
death compensation based on service-connected death of a Veteran under 
38 U.S.C. Chapter 11; Surviving spouses and children who have claimed 
dependency and indemnity compensation for service connected death of a 
Veteran under 38 U.S.C. Chapter 13; Parents who have applied for death 
compensation based on service connected death of a Veteran under 38 
U.S.C. Chapter 11; Parents who have applied for dependency and 
indemnity compensation for service-connected death of a Veteran under 
38 U.S.C. Chapter 13; Individuals who applied for educational 
assistance benefits administered by VA under title 38 of the U.S. Code; 
Individuals who applied for educational assistance benefits maintained 
by the Department of Defense under title 10 of the U.S. Code that are 
administered by VA; Veterans who apply for training and employers who 
apply for approval of their programs under the provisions of the 
Emergency Veterans' Job Training Act of 1983, Public Law 98-77; Any VA 
employee who generates or finalizes adjudicative actions using the 
Benefits Delivery Network (BDN) or the Veterans Service Network 
(VETSNET) computer processing systems; Veterans who apply for training 
and employers who apply for approval of their programs under the 
provisions of the Service Members Occupational Conversion and Training 
Act of 1992, Public Law 102- 484; Representatives of individuals 
covered by the system.
    Categories of Records: The record, or information contained in the 
record, includes identifying information (e.g., name, address, social 
security number); military service and active duty separation 
information (e.g., name, service number, date of birth, rank, sex, 
total amount of active service, branch of service, character of 
service, pay grade, assigned separation reason, service period, whether 
Veteran was discharged with a disability, reenlisted, received a Purple 
Heart or other military decoration); payment information (e.g., Veteran 
payee name, address, dollar amount of readjustment service pay, amount 
of disability or pension payments, number of non-pay days, any amount 
of indebtedness (accounts receivable) arising from title 38 U.S.C. 
benefits and which are owed to the VA); medical information (e.g., 
medical and dental treatment in the Armed Forces including type of 
service-connected disability, medical facilities, or medical or dental 
treatment by VA health care personnel or received from private 
hospitals and health care personnel relating to a claim for VA 
disability benefits or medical or dental treatment); personal 
information (e.g., marital status, name and address of dependents, 
occupation, amount of education of a Veteran or a dependent, 
dependent's relationship to Veteran); education benefit information 
(e.g., information arising from utilization of training benefits such 
as a Veteran trainee's induction, reentrance or dismissal from a 
program or progress and attendance in an education or training 
program); applications for compensation, pension, educate on and 
vocational rehabilitation benefits and training which may contain 
identifying information, military service and active duty separation 
information, payment information, medical and dental information, 
personal and education benefit information relating to a Veteran or 
beneficiary's incarceration in a penal institution (e.g., name of 
incarcerated Veteran or beneficiary, claims folder number, name and 
address of penal institution, date of commitment, date of conviction, 
type of offense, scheduled release date, Veteran's date of birth, 
beneficiary relationship to Veteran and whether Veteran or beneficiary 
is in a work release or half-way house program, on parole or has been 
released from incarceration); the VA employee's BDN or VETSNET 
identification numbers, the number and kind of actions generated and/or 
finalized by each such employee, the compilation of cases returned for 
each employee.
    System(s) of Records: Compensation, Pension, Education, and 
Vocational Rehabilitation and Employment Records--VA (58 VA 21/22/
28)'', published at 74 FR 29275 (June 19, 2009), last amended at 77 FR 
42593 on July 19, 2012. Justice/BOP-005,'' published on June 7, 1984 
(48 FR 23711); republished on May 9, 2002 (67 FR 31371); January 25, 
2007 (72 FR 3410) (rescinded by 82 FR 24147); April 26, 2012 (77 FR 
24982); April 18, 2016 (81 FR 22639), routine use (i); and last 
modified on May 25, 2017 (82 FR 24147).
    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. John Oswalt, Executive Director for Privacy, 
Department of Veterans Affairs approved this document on March 1, 2018 
for publication.

    Dated: March 1, 2018.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy Information and 
Identity Protection, Office of Quality, Privacy and Risk, Office of 
Information and Technology, Department of Veterans Affairs.
[FR Doc. 2018-04605 Filed 3-6-18; 8:45 am]
 BILLING CODE 8320-01-P