[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60120-60121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8627]


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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