Privacy Act of 1974; Report of Matching Program

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 Prison (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 is estimated to start April 1, 1998, but 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 BIDs, 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: Interested persons are invited to submit written comments,

suggestions, or objections regarding the proposal to conduct the

matching program to the Director, Office of Regulations Management

02D), Department of Veterans Affairs, 810 Vermont Avenue, NW, Room

1154, Washington, DC 20420. All written comments received will be

available for public inspection in the Office of Regulations

Management, Room 1158, 810 Vermont Avenue, NW, Washington, DC 20420,

between 8 a.m. and 4:30 p.m., Monday through Fridays except holidays.

FOR FURTHER INFORMATION CONTACT:

Paul Trowbridge (213B), (202) 273-7218.

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, 5105,

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 persons' 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,

Compensation, Pension, Education and Rehabilitation Records--VA (58 VA

21/22) first published at 41 FR 9294 (March 3, 1976) and last amended

at 60 FR 20156 (April 24, 1995). The BOP records consist of information

from the system of records identified as Inmate Records System, 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 Privacy Act of 1974 as amended by Public Law 100-503.

Approved: February 9, 1998.

Togo D. West, Jr.,

Acting Secretary of Veterans Affairs.

[FR Doc. 98-4226 Filed 2-18-98; 8:45 am]

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