[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52195-52196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18523]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; Matching Program

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of new matching program.

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SUMMARY: The Department of Veterans Affairs (VA) has an 18 month 
computer matching agreement (CMA) agreement with the Federal Bureau of 
Prisons (BOP) regarding Veterans and caregivers who are in federal 
prison and are also in receipt of compensation and pension benefits. 
The purpose of this CMA is to re-establish the agreement between VA 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 matching program 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 matching 
agreement will become effective 30 days after date of publication in 
the Federal Register. This matching program will begin on September 19, 
2020 and end March 18, 2022.

ADDRESSES: Written comments concerning this matching program may be 
submitted by: Mail or hand-delivery to Director, Regulations Management 
(00REG), Department of Veterans Affairs, 810 Vermont Avenue, NW, Room 
1068, Washington, DC 20420; fax to (202) 273-9026; or email to http://www.Regulations.gov. All 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 (this is not a 
toll-free number) for an appointment.

FOR FURTHER INFORMATION CONTACT: Eric Robinson (VBA), 202-443-6016.

SUPPLEMENTARY INFORMATION: This matching program between VA and BOP 
identifies VA beneficiaries who are in receipt of certain VA benefit 
payments and who are confined for a period exceeding 60 days due to a 
conviction for a felony or a misdemeanor. VA uses the BOP records 
provided in the match to update the master records of VA beneficiaries 
receiving benefits and to adjust their VA benefits, accordingly, if 
needed. This agreement sets forth the responsibilities of VA 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, 81 FR 49689 dated July 28,2016.

Participating Agencies

    The United States Department of Veterans Affairs (VA), as the 
matching recipient agency and the United States Department of Justice 
(DOJ), Federal Bureau of Prisons (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 
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 benefit, 
during the period of that person's incarceration as the result of 
conviction of a felony, beginning on the sixty-first day of 
incarceration.

Purpose(s)

    The purpose of this matching program between VA 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. VA 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. VA 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

[[Page 52196]]

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.
    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.
    Fee personnel who may be paid by the VA which includes caregivers.

Categories of Records

    The record, or information contained in the record, may include 
identifying information such as, last name, first name, middle name, 
suffix name, date of birth, date of computation begins, length of 
sentence, place of current confinement or destination of confinement if 
in-transit, Federal Register number, type of offense, and date of 
scheduled release.

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 84 FR 4138 on February 14, 2019. 
Justice/BOP-005,'' published on June 7, 1984 (48 FR 2371 1), 
republished on May 9, 2002 (67 FR 31371), January 25, 2007 (72 FR 3410) 
and April 26, 2012 (77 FR 24982) and last modified on February 19, 2013 
(78 FR 1 1575), routine use (i).

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. Joseph S. 
Stenaka, Department of Veterans Affairs Chief Privacy Officer, approved 
this document on July 21, 2020 for publication.

    Dated: August 19, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.
[FR Doc. 2020-18523 Filed 8-21-20; 8:45 am]
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