[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Notices]
[Pages 47274-47275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23840]



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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.
ACTION: Notice of a Computer Matching Program.

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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 October 5, 1998, and 
matching may commence unless changes to the matching program are 
required due to public comments or by Congressional or by Office of 
Management and Budget objections. 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, Suite 920, 1941 
Jefferson Davis Highway, Arlington, VA 22202-4502.

FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, 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 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 August 
21, 1998, 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 
February 8, 1996 (61 FR 6435).

    Dated: August 31, 1998.

L.M. Bynum,
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 VERIFICATION OF 
DISABILITY COMPENSATION

    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: The purpose of this agreement is to 
establish the conditions for a computer matching program between VA as 
the source agency and the DMDC as the recipient agency. The goal of 
this match is to identify VA disability benefit recipients who return 
to active duty and to ensure benefits are terminated if appropriate. VA 
will porvide identifying information on disability compensation 
recipients to DMDC to match against a file of active duty (including 
full-time national Guard and Reserve) personnel. The purpose is to 
identify those recipients who have returned to active duty and are 
ineligible to receive VA compensation so that benefits can be adjusted 
or terminated, if in order.

    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. Part 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, 
pursuant to 38 U.S.C. Part 5106, such information as requested by VA 
for the purpose of determining eligibility for, or amount of benefits, 
or verifying other information which respect thereto.

    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 'VA 
Compensation, Pension and Education and Rehabilitation Records - VA (58 
VA 21/22)' first published at 41 FR 924 (March 3, 1976), and last 
amended at 60 FR 20156, April 24, 1995, with other amendments as cited 
therein.
    DoD will use the system of records identified as S322.10 DMDC, 
entitled `Defense Manpower Data Center Data Base,' published at 62 FR 
55609, October 27, 1997.

    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

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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 1.5 million 
records of active duty military members, including full time National 
Guard and Reserve.
    DMDC will match the SSN on the VA electronic file by computer 
against the DMDC database. Matching records, hits based on SSNs, will 
produce data elements of the member's name, SSN, branch of service, 
unit designation and date of entry (DOE) on active duty.

    F.  Inclusive Dates of the Matching Program: This computer matching 
program is subject to public comment and review by Congress and the 
Office of Management and Budget. If the mandatory 30 day period for 
comment has expired and no comments are received and if no objections 
are raised by either Congress or the Office of Management and Budget 
within 40 days of being notified of the proposed match, the computer 
matching program becomes effective and the respective agencies may 
begin the exchange at a mutually agreeable time on a quarterly basis. 
By agreement between VA and DMDC, the matching program will be in 
effect 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, Suite 920, 1941 Jefferson Davis 
Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 98-23840 Filed 9-3-98; 8:45 am]
BILLING CODE 5000-04-F