[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Pages 19156-19157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9139]


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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 May 14, 2001 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, 1941 Jefferson Davis Highway, Suite 
920, 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 March 
30, 2001, 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: April 6, 2001.
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 provide 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 purposes of determining 
eligibility for,

[[Page 19157]]

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 66 FR 
43302, July 13, 2000.

E. Description of Computer Matching Program

    The VA, as the source agency, will provide DMDC with an electronic 
file which contains specified data elements of individual VA disability 
compensation recipients. Upon receipt of the electronic file, 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 consists of 
personnel records of active duty (including full-time National Guard 
and Reserve) military members. Matching records, `hits' based on the 
SSN, will produce the member's name, branch of service, unit 
designation, and other pertinent data elements. The hits will be 
furnished to the Veterans Benefits Administration which is responsible 
for verifying and determining that the data on the DMDC electronic 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 electronic file provided by VA will contain information on 
approximately 2.2 million disability compensation recipients.
    The DMDC computer database file contains approximately 1.4 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, date of birth, branch 
of service, unit designation, unit address, 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 the date of the 
transmittal letter, 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, 1941 Jefferson Davis Highway, 
Suite 920, Arlington, VA 22202-4502. Telephone (703) 607-2943.
[FR Doc. 01-9139 Filed 4-12-01; 8:45 am]
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