[Federal Register: October 12, 2006 (Volume 71, Number 197)]
[Notices]
[Page 60120-60121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc06-38]
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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense
[DOD-2006-OS-0206]
Privacy Act of 1974; Computer Matching Program
AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.
ACTION: Notice of a Computer Matching Agreement.
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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 advanced 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 computer matching
program between VA and DoD that their records are being matched by
computer. The purpose is to verify eligibility for the DoD/USCG members
of the Reserve forces who receive VA disability compensation or pension
to also receive military pay and allowances when performing reserve
duty.
DATES: This proposed action will become effective November 13, 2006 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, 1901 South Bell Street, Suite 920,
Arlington, VA 22202-4512.
FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, Jr. at (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 verify eligibility for the
DoD/USCG members of the Reserve forces who receive VA disability
compensation or pension to also receive military pay and allowances
when performing reserve duty.
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 those individuals who are receiving both VA compensation and
DoD/USCG payments for those periods when they are performing Reserve
duty. By law, the individual must waive his or here entitlement to VA
disability compensation or pension if he or she desires to receive DoD/
USCG pay and allowances for the period of duty performed. This matching
agreement will result in an accurate reconciliation of such payments by
permitting the VA to determine which individuals are being paid by DoD/
USCG for duty performed and are being paid VA disability compensation
or pension benefit for the same period of time without a waiver on file
with the VA. If this reconciliation is not done by computer matching,
but is done mutually, the cost would be prohibitive and most dual
payments would not be detected.
A copy of the computer matching agreement between VA and DoD is
available upon request. 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 on June 19, 1989,
at 54 FR 25818.
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 2, 2006, to the House Committee on Government Reform, the
Senate Committee on Homeland Security and Governmental Affairs, and the
Administrator of the 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 (February 20, 1996, 61 FR 6427).
Dated: October 5, 2006.
C.R. Choate,
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 RESERVE PAY
RECONCILIATION
A. PARTICIPATING AGENCIES:
Participants in this computer matching program are the Department
of Veterans Affairs (VA) and the Defense Manpower Data Center (DMC) 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 DMC
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 eligibility for DoD/USCG
members of the Reserve forces who receive VA disability compensation or
pension to also receive military pay and allowance when performing
reserve duty.
C. AUTHORITY FOR CONDUCTING THE MATCH:
The legal authority for conducting the matching program is 38
U.S.C. 5304(c) which provides that VA disability compensation or
pension based upon his or her previous military service shall not be
paid to a person for any period
[[Page 60121]]
for which such person receives active service pay. 10 U.S.C. 12316
further provides that a reservist who is entitled to disability
payments due to his or her earlier military service and who performs
duty for which he or she is entitled to DoD/USCG compensation may elect
to received for that duty either the disability payments or, if he or
she waives such payments, the DoD/USCG compensation for the duty
performed.
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:
1. The DMDC will used the system of records identified as S322.10
DMDC, entitled ``Defense Manpower Data Center Data Base,'' last
published June 9, 2004, at 69 FR 31947, as amended on November 16,
2004, 69 FR 67117.
2. 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 9294 (March 3, 1976), and last
amended at 70 FR 34186 (June 13, 2005), with other amendments as cited
therein.
E. DESCRIPTION OF COMPUTER MATCHING PROGRAM:
Annually, VA will submit to DMDC an electronic file of all VA
pension and disability compensation beneficiaries as of the end of
September. Upon receipt of the electronic file, DMDC will match this
file by SSN with a file of days drilled as submitted to DMDC by the
military services and the USCG. Upon a SSN match, or a ``hit,'' of both
files, DMDC will provide VA the individual's name and other identifying
data, to include the number of days drilled, by Fiscal Year, for each
matched record.
The hits will be furnished to VA which will be responsible for
verifying and determining that the data in the DMDC electronic file is
consistent with the VA files and for resolving any discrepancies or
inconsistencies on an individual basis. VA will initiate actions to
obtain an election by the individual of which pay he or she wishes to
receive and will be responsible for making final determinations as to
positive identification, eligibility for, or amounts of pension or
disability compensation benefits, adjustments thereto, or any recovery
of overpayments, or such other action as authorized by law.
The annual electronic file provided by the VA will contain
information on approximately 2.9 million pension and disability
compensation recipients.
The DMDC computer database file contains information on
approximately 832,000 DoD and 8,000 USCG reservists who received pay
and allowances for performing authorized duty.
VA will furnish DMDC the name and SSN of all VA pension and
disability compensation recipients and DMDC will supply VA the name,
SSN, date of birth, and the number of days drilled by fiscal year of
each reservist who is identified as a result of the match.
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 an annual 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, 1901 South Bell Street, Suite
920, Arlington, VA 22202-4512. Telephone (703) 607-2943.
[FR Doc. 06-8627 Filed 10-11-06; 8:45 am]
BILLING CODE 5001-06-M