[Federal Register: October 24, 2003 (Volume 68, Number 206)]
[Notices]
[Page 60973-60974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc03-72]
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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 Veterans Affairs (VA) and DoD that their
records are being matched by computer. The purpose of this agreement is
to verify an individual's continuing eligibility for VA benefits by
identifying VA disability benefit recipients who return to active duty
and to ensure that benefits are terminated if appropriate.
DATES: This proposed action will become effective November 24, 2003 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 this agreement is to verify an
individual's continuing eligibility for VA benefits by identifying VA
disability benefit recipients who return to active duty and to ensure
that benefits are terminated if appropriate.
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. This matching agreement will identify those
veterans who have returned to active duty, but are still receiving
disability compensation. If this identification is not accomplished by
computer matching, but is done manually, the cost would be prohibitive
and it is possible that not all individuals would be identified.
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
October 3, 2003, to the House Committee on Government Reform, the
Senate Committee on Governmental Affairs, 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).
[[Page 60974]]
Dated: October 16, 2003.
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 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 verify an individual's
continuing eligibility for VA benefits by identifying VA disability
benefit recipients who return to active duty and to ensure that
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 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, pursuant to 38 U.S.C. 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:
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 9294, March 3, 1976, and last amended at 66 FR
47727 (09/13/2001), with other amendments, as cited therein. Attachment
4 is a copy of the system notice with the appropriate routine use,
i.e., RU 46, annotated.
DoD will use the system of records identified as S322.10 DMDC,
entitled, ``Defense Manpower Data Center Data Base,'' last published at
67 FR 78781, December 26, 2002. Attachment 5 is a copy of the system
notice with the appropriate routine use, i.e., RU 1(d)(1), annotated.
E. Description of Computer Matching Program
The Veterans Benefits Administration 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, and 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 reply 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 positive identification, eligibility
for benefits, and verifying any other information with respect thereto.
The electronic file provided by VA will contain information on
approximately 2.4 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.
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
and thereafter 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. 03-26857 Filed 10-23-03; 8:45 am]
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