[Federal Register: May 29, 2009 (Volume 74, Number 102)]
[Notices]
[Page 25720-25721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my09-42]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2009-OS-0073]
Privacy Act of 1974; Notice of a Computer Matching Program
AGENCY: Defense Manpower Data Center, 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 the Department of 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 June 29, 2009, and
matching may commence unless changes to the matching program are
required due to public comments or by Congressional or 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, 1901 South Bell Street, Suite 920,
Arlington, VA 22202-4512.
FOR FURTHER INFORMATION CONTACT: Mr. Samuel P. Jenkins 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 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 May
20, 2009, 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).
Dated: May 26, 2009.
Patricia L. Toppings,
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 with 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 Vocational Rehabilitation and Employment
Records--VA (58 VA 21/22/28),'' first published at 41 FR 9294, March 3,
1976, and last amended at 74 FR 14685, April 1, 2009, with other
amendments, as cited therein. Attachment 4 is a copy of the system
notice with the appropriate routine use, i.e., RU 39, annotated.
DoD will use the system of records identified as DMDC 01, entitled,
``Defense Manpower Data Center Data Base,'' last published at 73 FR
5820, January 31, 2008. Attachment 5 is a copy of the system notice
with the
[[Page 25721]]
appropriate routine use, i.e., RU 1(e)(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 3.2 million disability compensation recipients.
The DMDC computer database file contains approximately 1 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, 1901 South Bell Street, Suite 920, Arlington,
VA 22202-4512. Telephone (703) 607-2943.
[FR Doc. E9-12554 Filed 5-28-09; 8:45 am]
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