Privacy Act of 1974; Computer Matching Program Between the Department of Veterans Affairs and the Defense Manpower Data Center of the Department of Defense.

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Computer Matching Program Between the

Department of Veterans Affairs and the Defense Manpower Data Center of

the Department of Defense.

AGENCY: Defense Manpower Data Center, Defense Logistics Agency,

Department of Defense.

ACTION: Notice of a computer matching program between the Department of

Veterans Affairs (VA) and the Department of Defense (DoD) for public

comment.

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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 VA and DoD that their records are being

matched by computer. The purpose of this match is to identify

disability compensation recipients who return to active duty to insure

benefits are adjusted or terminated, if appropriate, and steps taken to

collect any resulting overpayment.

DATES: This proposed action will become effective April 10, 1996, 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, Crystal Mall 4, Room 920, 1941

Jefferson Davis Highway, Arlington, VA 22202-4502.

FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, Jr. 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 the match is to exchange personal data

between the agencies to identify disability compensation recipients who

have returned to active duty and are therefore ineligible to receive VA

compensation.

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 ineligible VA disability compensation recipients who have

returned to active duty. Using the computer matching program,

information on successful matches (hits) can be provided to VA within

90 days of receipt of a magnetic tape of VA benefits record data. A

computer match is the most efficient method, other than a manual search

of all active duty military personnel records, to identify such cases

if an individual does not report his/her own return to active duty.

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

[[Page 9681]]

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

February 28, 1996, to the Committee on Government Reform and Oversight

of the House of Representatives, the Committee on Governmental Affairs

of the Senate, 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 July

15, 1994 (59 FR 37906, July 25, 1994). The matching program is subject

to review by OMB and Congress and shall not become effective until that

review period has elapsed.

Dated: March 6, 1996.

Patricia L. Toppings,

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 Debt Collection

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: Upon the execution of an agreement, the

VA will provide identifying information on disability compensation

recipients to DMDC to match against active duty, including full-time

National Guard and Reserve personnel, to identify those recipients who

have returned to active duty and are ineligible to receive VA

compensation so that benefits can then be adjusted or terminated, if in

order, and steps taken to collect any resulting overpayment.

C. Authority for Conducting the Match: The legal authority for

conducting the matching program for use in the administration of the

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 such

information as requested by the VA for the purpose of determining

eligibility for, or amount of benefits, or verifying other information

which respect thereto under 38 U.S.C. 5106.

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 58 VA 21/22,

'Compensation, Pension, Education and Rehabilitation Records-VA,' as

set forth on pages 967-971, Volume II of the Federal Register

publication Privacy Act Issuances, 1991 Compilation, as amended on

April 9, 1992 at 57 FR 12374, and on September 23, 1992 at 57 FR 44007.

DoD will use personal data from the record systems identified as

S322.10 DMDC, entitled `Defense Manpower Data Center Data Base,' last

published in the Federal Register on April 20, 1995, at 60 FR 19738.

E. Description of Computer Matching Program: The VA, as the source

agency, will provide DMDC with a magnetic tape which contains the VA

benefit record data of individual VA disability compensation

recipients. Upon receipt of the computer tape file of recipient

accounts, 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 will consist of employment records of active duty military

members. Matching records, 'hits' based on the SSN, will produce the

member's name, branch of service, and unit designation. The hits will

be furnished to the Veterans Benefits Administration which is

responsible for verifying and determining that the data on the DMDC

reply tape 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 eligibility for benefits or verifying any

other information with respect thereto.

The magnetic computer tape provided by VA will contain information

on approximately 2.2 million disability compensation recipients.

The DMDC computer database file contains approximately 2 million

records of active duty military members, including full time Reserve

and National Guard.

F. Inclusive Dates of the Matching Program: This computer matching

program is subject to review by the Office of Management and Budget and

Congress. If no objections are raised by either, and the mandatory 30

day public notice period for comment has expired for this Federal

Register notice with no significant adverse public comments in receipt

resulting in a contrary determination, then this computer matching

program becomes effective and the respective agencies may begin the

exchange of data 30 days after the date of this published notice at a

mutually agreeable time and will be repeated quarterly. Under no

circumstances shall the matching program be implemented before the 30

day public notice period for comment has elapsed as this time period

cannot be waived. By agreement between VA and DMDC, the matching

program will be in effect and continue 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, Crystal Mall 4, Room 920, 1941 Jefferson Davis

Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 96-5703 Filed 3-8-96; 8:45 am]

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