[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39647-39649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18893]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2009-OS-0119]


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

[[Page 39648]]

duty and to ensure that benefits are terminated if appropriate.

DATES: This proposed action will become effective September 8, 2009 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, 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 July 
23, 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,' February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: July 23, 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 
eligibility for 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 VA will provide to DMDC identifying information on all VA 
recipients receiving a VA disability compensation or pension. DMDC will 
match the information with its reserve military pay data and provide 
for each match (hit) the number of training days, by fiscal year, for 
which the veteran was paid. The VA will use this information to make, 
where appropriate, necessary VA payment adjustments.
    C. Authority for Conducting the Match: 38 U.S.C. 5304(c) 
Prohibition Against Duplication of Benefits 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 for which such person 
receives active service pay. 10 U.S.C. 12316, Payment of certain 
Reserves while on duty 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 receive 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:
    The VA will use the system of records identified as ``VA 
Compensation, Pension and Education and Vocational Rehabilitation 
Records--VA (58 VA 21/22/28),'' republished in its entirety at 74 FR 
14865 (April 1, 2009). Attachment 3 is a copy of the system notice with 
the appropriate routine use, i.e., RU 39.
    DoD will use the system of records identified as DMDC 01, entitled, 
``Defense Manpower Data Center Data Base,'' published at 73 FR 5820, 
January 31, 2008. Attachment 5 is a copy of the system notice with the 
appropriate routine use, i.e., RU l(e)(l) annotated.
    E. Description of Computer Matching Program: Annually, VA will 
submit to DMDC an electronic data of all VA pension and disability 
compensation beneficiaries as of the end of September. Upon receipt of 
the data, DMDC will match by SSN with reserve pay data as submitted to 
DMDC by the military services and the USCG. Upon a SSN match, or a 
``hit,'' of both data sets, DMDC will provide VA the individual's name 
and other identifying data, to include the number of training days, by 
Fiscal Year, for each matched record. Training days are the total of 
inactive duty drills paid plus active duty days paid.
    The hits will be furnished to VA which will be responsible for 
verifying and determining that the data in the DMDC electronic files 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 electronic file provided by VA will contain information on 
approximately 2.9 pension and disability compensation recipients.
    The DMDC computer database file contains approximately 832,000 DoD 
and 8,000 USCG reservists who receive pay in allowance for performing 
authorized duty.
    The VA will furnish DMDC the name and SSN of all VA pension and 
disability compensation recipients and

[[Page 39649]]

DMDC will supply VA the name, SSN, date of birth, and the number of 
training days 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 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. E9-18893 Filed 8-6-09; 8:45 am]
BILLING CODE 5001-06-P