[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Pages 9680-9681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5703]



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DEPARTMENT OF DEFENSE
Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program Between the 
Department of Veterans Affairs and the Defense Manpower Data Center of 
the Department of Defense.

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, 
Department of Defense.
ACTION: Notice of a computer matching program between the Department of 
Veterans Affairs (VA) and the Department of Defense (DoD) for public 
comment.

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SUMMARY: Subsection (e)(12) of the Privacy Act of 1974, as amended, (5 
U.S.C. 552a) requires agencies to publish advance notice of any 
proposed or revised computer matching program by the matching agency 
for public comment. The DoD, as the matching agency under the Privacy 
Act is hereby giving notice to the record subjects of a computer 
matching program between VA and DoD that their records are being 
matched by computer. The purpose of this match is to identify 
disability compensation recipients who return to active duty to insure 
benefits are adjusted or terminated, if appropriate, and steps taken to 
collect any resulting overpayment.

DATES: This proposed action will become effective April 10, 1996, and 
the computer matching will proceed accordingly without further notice, 
unless comments are received which would result in a contrary 
determination or if the Office of Management and Budget or Congress 
objects thereto. Any public comment must be received before the 
effective date.

ADDRESSES: Any interested party may submit written comments to the 
Director, Defense Privacy Office, Crystal Mall 4, Room 920, 1941 
Jefferson Davis Highway, Arlington, VA 22202-4502.

FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, Jr. at telephone 
(703) 607-2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C. 552a), the DMDC and VA have 
concluded an agreement to conduct a computer matching program between 
the agencies. The purpose of the match is to exchange personal data 
between the agencies to identify disability compensation recipients who 
have returned to active duty and are therefore ineligible to receive VA 
compensation.
    The parties to this agreement have determined that a computer 
matching program is the most efficient, expeditious, and effective 
means of obtaining and processing the information needed by the VA to 
identify ineligible VA disability compensation recipients who have 
returned to active duty. Using the computer matching program, 
information on successful matches (hits) can be provided to VA within 
90 days of receipt of a magnetic tape of VA benefits record data. A 
computer match is the most efficient method, other than a manual search 
of all active duty military personnel records, to identify such cases 
if an individual does not report his/her own return to active duty.
    A copy of the computer matching agreement between VA and DMDC is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Department of Veterans Affairs, 
Veterans Benefit Administration, 810 Vermont Avenue, NW, Washington, DC 
20420.
    Set forth below is the notice of the establishment of a computer 
matching program required by paragraph 6.c. of the Office of Management 
and Budget Guidelines on computer matching 

[[Page 9681]]
published in the Federal Register at 54 FR 25818 on June 19, 1989.
    The matching agreement, as required by 5 U.S.C. 552a(r) of the 
Privacy Act, and an advance copy of this notice was submitted on 
February 28, 1996, to the Committee on Government Reform and Oversight 
of the House of Representatives, the Committee on Governmental Affairs 
of the Senate, and the Administrator of the Office of Information and 
Regulatory Affairs, Office of Management and Budget pursuant to 
paragraph 4d of Appendix I to OMB Circular No. A-130, `Federal Agency 
Responsibilities for Maintaining Records about Individuals,' dated July 
15, 1994 (59 FR 37906, July 25, 1994). The matching program is subject 
to review by OMB and Congress and shall not become effective until that 
review period has elapsed.
    Dated: March 6, 1996.

Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Notice of a Computer Matching Program Between the Department of 
Veterans Affairs and the Department of Defense for Debt Collection

    A.  Participating Agencies: Participants in this computer matching 
program are the Department of Veterans Affairs (VA) and the Defense 
Manpower Data Center (DMDC) of the Department of Defense (DoD). The VA 
is the source agency, i.e., the activity disclosing the records for the 
purpose of the match. The DMDC is the specific recipient activity or 
matching agency, i.e., the agency that actually performs the computer 
matching.

    B.  Purpose of the Match: Upon the execution of an agreement, the 
VA will provide identifying information on disability compensation 
recipients to DMDC to match against active duty, including full-time 
National Guard and Reserve personnel, to identify those recipients who 
have returned to active duty and are ineligible to receive VA 
compensation so that benefits can then be adjusted or terminated, if in 
order, and steps taken to collect any resulting overpayment.

    C.  Authority for Conducting the Match: The legal authority for 
conducting the matching program for use in the administration of the 
VA's Compensation and Pension Benefits Program is contained in 38 
U.S.C. 5304(c), Prohibition Against Duplication of Benefits, which 
precludes pension, compensation, or retirement pay on account of any 
person's own service, for any period for which he receives active duty 
pay. The head of any Federal department or agency shall provide such 
information as requested by the VA for the purpose of determining 
eligibility for, or amount of benefits, or verifying other information 
which respect thereto under 38 U.S.C. 5106.

    D.  Records to be Matched: The systems of records maintained by the 
respective agencies under the Privacy Act of 1974, as amended, 5 U.S.C. 
552a, from which records will be disclosed for the purpose of this 
computer match are as follows:
    The VA will use the system of records identified as 58 VA 21/22, 
'Compensation, Pension, Education and Rehabilitation Records-VA,' as 
set forth on pages 967-971, Volume II of the Federal Register 
publication Privacy Act Issuances, 1991 Compilation, as amended on 
April 9, 1992 at 57 FR 12374, and on September 23, 1992 at 57 FR 44007.
    DoD will use personal data from the record systems identified as 
S322.10 DMDC, entitled `Defense Manpower Data Center Data Base,' last 
published in the Federal Register on April 20, 1995, at 60 FR 19738.

    E.  Description of Computer Matching Program: The VA, as the source 
agency, will provide DMDC with a magnetic tape which contains the VA 
benefit record data of individual VA disability compensation 
recipients. Upon receipt of the computer tape file of recipient 
accounts, DMDC will perform a computer match using all nine digits of 
the SSNs in the VA file against a DMDC computer database. The DMDC 
database will consist of employment records of active duty military 
members. Matching records, 'hits' based on the SSN, will produce the 
member's name, branch of service, and unit designation. The hits will 
be furnished to the Veterans Benefits Administration which is 
responsible for verifying and determining that the data on the DMDC 
reply tape file are consistent with the source file and for resolving 
any discrepancies or inconsistencies on an individual basis. The 
Veterans Benefits Administration will also be responsible for making 
final determinations as to eligibility for benefits or verifying any 
other information with respect thereto.
    The magnetic computer tape provided by VA will contain information 
on approximately 2.2 million disability compensation recipients.
    The DMDC computer database file contains approximately 2 million 
records of active duty military members, including full time Reserve 
and National Guard.

    F.  Inclusive Dates of the Matching Program: This computer matching 
program is subject to review by the Office of Management and Budget and 
Congress. If no objections are raised by either, and the mandatory 30 
day public notice period for comment has expired for this Federal 
Register notice with no significant adverse public comments in receipt 
resulting in a contrary determination, then this computer matching 
program becomes effective and the respective agencies may begin the 
exchange of data 30 days after the date of this published notice at a 
mutually agreeable time and will be repeated quarterly. Under no 
circumstances shall the matching program be implemented before the 30 
day public notice period for comment has elapsed as this time period 
cannot be waived. By agreement between VA and DMDC, the matching 
program will be in effect and continue for 18 months with an option to 
renew for 12 additional months unless one of the parties to the 
agreement advises the other by written request to terminate or modify 
the agreement.

    G.  Address for Receipt of Public Comments or Inquiries: Director, 
Defense Privacy Office, Crystal Mall 4, Room 920, 1941 Jefferson Davis 
Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 96-5703 Filed 3-8-96; 8:45 am]
BILLING CODE 5000-04-F