[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15122-15123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04905]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; Matching Program

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of a 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, VA beneficiaries, 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 the 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 the 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: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to the computer matching agreement between the Department 
of Veterans Affairs and the Federal Bureau of Prisons. Comments 
received will be available at regulations.gov for public viewing, 
inspection, or copies.

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

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 
to identify those veterans and VA beneficiaries, including VA 
caregivers, such as for those participating in VA's Program of 
Comprehensive Assistance for Family Caregivers (PCAFC), 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 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.
    Categories of Individuals:

[[Page 15123]]

    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.
    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 social security 
number, 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 or actual 
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 86 FR 
61858 (November 8, 2021). VA will additionally match SSNs received from 
BOP with SSNs in VA's system of records entitled, `` `Caregiver Support 
Program-Caregiver Record Management Application (CARMA)-VA'' 
(197VA10)'', published at 86 FR 18588 (April 9, 2021), routine use 14. 
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. John 
Oswalt, Chief Privacy Officer and Chair of the Data Integrity Board, 
Department of Veterans Affairs approved this document on March 2, 2023 
for publication.

    Dated: March 7, 2023.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.
[FR Doc. 2023-04905 Filed 3-9-23; 8:45 am]
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