Notice2023-04905
Privacy Act of 1974; Matching Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 10, 2023
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 47 (Friday, March 10, 2023)</title>
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[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15122-15123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.Regulations.gov">www.Regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> for public viewing,
inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Eric Robinson (VBA), 202-443-6016,
<a href="/cdn-cgi/l/email-protection#692c1b000a473b060b00071a06075a291f08470e061f"><span class="__cf_email__" data-cfemail="afeaddc6cc81fdc0cdc6c1dcc0c19cefd9ce81c8c0d9">[email protected]</span></a>.
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]
BILLING CODE P
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