[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94882-94883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28029]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Matching Program
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of a modified matching program.
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SUMMARY: This is an 18-month re-establishment computer matching
agreement (CMA) with the Defense Manpower Data Center (DMDC),
Department of Defense (DoD) and the Department of Veterans Affairs
(VA), Veterans Benefits Administration (VBA), regarding Veterans that
have returned to active duty and that are also in receipt of
compensation or pension benefits. The purpose of this agreement is to
verify eligibility for DoD and United States Coast Guard members of the
Reserve forces who receive VA disability compensation or pension to
receive, in lieu and upon election, military pay and allowances when
performing active duty.
DATES: Comments on this matching program must be received no later than
December 30, 2024. 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 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 www.Regulations.gov or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005X6F),
Washington, DC 20420. Comments should indicate that they are submitted
in response to CMA 87 Return to Active Duty. Comments received will be
available at regulations.gov for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Delonda Garmon (VBA), Program Analyst,
Department of Veterans Affairs, 1800 G Street NW, Washington, DC 20006,
[email protected], 202-461-9700.
SUPPLEMENTARY INFORMATION: This agreement continues an arrangement for
a periodic computer-matching program between VA, VBA as the matching
recipient agency and the DoD, DMDC as the matching source agency. This
agreement sets forth the responsibilities of VBA and DoD 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-108, 81 FR 94424, dated December 23, 2016.
PARTICIPATING AGENCIES:
VA, VBA, as the matching recipient agency, and DoD, DMDC, as the
matching source agency.
AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
The legal authority for conducting the matching program for use in
the administration of VA's Compensation and Pension Benefits Programs
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 law (10 U.S.C. 12316) prohibits the
receipt of reserve pay and VA compensation for the same time period,
however, it does permit waiver of VA compensation to draw reserve
pay.''
PURPOSE(S):
The purpose of this matching program between VBA and DoD is to
verify the continuing eligibility for Uniformed Services Members,
including National Guard and Reserve personnel, for VA benefits by
identifying VA disability benefit recipients who return to active duty,
including active-duty training status, and to ensure that VA benefits
are terminated or adjusted when appropriate.
CATEGORIES OF INDIVIDUALS:
1. Veterans who have applied for compensation for service-connected
disability under 38 U.S.C. ch. 11.
2. Veterans who have applied for nonservice-connected disability
under 38 U.S.C. ch. 15.
3. Veterans entitled to burial benefits under 38 U.S.C. ch. 23.
4. Surviving spouses and children who have claimed pensions based
on nonservice-connected death of a Veteran under 38 U.S.C. ch. 15.
5. Surviving spouses and children who have claimed death
compensation based on service-connected death of a Veteran under 38
U.S.C. ch. 11.
6. Surviving spouses and children who have claimed dependency and
indemnity compensation for service-connected death of a Veteran under
38 U.S.C. ch. 13.
7. Parents who have applied for death compensation based on
service-connected death of a Veteran under 38 U.S.C. ch. 11.
8. Parents who have applied for dependency and indemnity
compensation for service-connected death of a Veteran under 38 U.S.C.
ch. 13.
9. Individuals who applied for educational assistance benefits
administered by VA under title 38 of the U.S. Code.
10. 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.
11. 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, Pub. L. 98-77.
12. Any VA employee who generates or finalizes adjudicative actions
using the Benefits Delivery Network or the Veterans Service Network
computer processing systems.
13. 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, Pub. L. 102-484.
14. Representatives of individuals covered by the system.
CATEGORIES OF RECORDS:
Records may include: 1. Name 2. Social Security Number 3. Date of
birth 4. Paid Inactive-duty training days 5. Paid Active-duty days.
SYSTEM(S) OF RECORDS:
Compensation, Pension, Education, and Vocational Rehabilitation and
Employment Records--VA (58 VA 21/22/28), last published at 86 FR 61858
(November 8, 2021); DMDC 01, entitled ``Defense Manpower Data Center
Data Base,'' last published at 87 FR 32145 (May 27, 2022); and
``Veterans Affairs/Department of Defense Identity Repository (VADIR)-VA
(138VA005Q)'', last published at 87 FR 79066 (December 23, 2022).
[[Page 94883]]
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 November 8,
2024 for publication.
Dated: November 25, 2024.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
[FR Doc. 2024-28029 Filed 11-27-24; 8:45 am]
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