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[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77811-77812]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 5001-06-P
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