[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77811-77812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32071]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID; DOD-2011-OS-0144]
Privacy Act of 1974; Notice of a Computer Matching Program
AGENCY: Defense Manpower Data Center, Department of Defense (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, Defense Manpower Data Center (DMDC) 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 January 13, 2012 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: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 4800 Mark
Center Drive, East Tower, 2nd floor, Suite 02G09, Alexandria, VA 22350-
3100.
Instructions: All submissions received must include the agency
name, docket number and title for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at http://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Samuel P. Jenkins, Director,
Defense Privacy and Civil Liberties Office, 1901 South Bell Street,
Suite 920, Arlington, VA 22202-4512, or by telephone 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 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 Director for Privacy, Defense Privacy and Civil Liberties Office,
1901 South Bell Street, Suite 920, Arlington, VA 22202-4512 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
December 8, 2011, 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 77812]]
Dated: December 9, 2011.
Aaron Siegel,
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, Education and Vocational Rehabilitation and Employment
Records--VA'' (58 VA 21/22/28), published at 74 FR 29275 (June 19,
2009), and last amended at 75 FR 22187 (April 27, 2010).
DoD will use the system of records identified as DMDC 01, entitled,
``Defense Manpower Data Center Data Base'', published November 23,
2011, 76 FR 72391.
E. Description of Computer Matching Program: The Veterans Benefits
Administration will provide DMDC with an electronic file that 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 pay 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 electronic reply file are consistent
with the source file and for resolving all 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 listing will be sorted by VA file number by Regional Office
number. VA will then take necessary action to terminate compensation
payments of any benefit recipient identified as being on active duty
while receiving compensation pay after following the verification of
procedures detailed in this agreement.
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 and Civil Liberties Office, 1901 South Bell Street,
Suite 920, Arlington, VA 22202-4512. Telephone (703) 607-2943.
[FR Doc. 2011-32071 Filed 12-13-11; 8:45 am]
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