[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25720-25721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12554]


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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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