Privacy Act of 1974; Notice of a Computer Matching Program

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, 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 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 October 5, 1998, 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, Crystal Mall 4, Suite 920, 1941

Jefferson Davis Highway, Arlington, VA 22202-4502.

FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, 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 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 August

21, 1998, 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

February 8, 1996 (61 FR 6435).

Dated: August 31, 1998.

L.M. Bynum,

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

establish the conditions for a computer matching program between VA as

the source agency and the DMDC as the recipient agency. The goal of

this match is to identify VA disability benefit recipients who return

to active duty and to ensure benefits are terminated if appropriate. VA

will porvide 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 the

VA's Compensation and Pension Benefits Program is contained in 38

U.S.C. Part 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. Part 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:

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 924 (March 3, 1976), and last

amended at 60 FR 20156, April 24, 1995, with other amendments as cited

therein.

DoD will use the system of records identified as S322.10 DMDC,

entitled `Defense Manpower Data Center Data Base,' published at 62 FR

55609, October 27, 1997.

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

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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 1.5 million

records of active duty military members, including full time National

Guard and Reserve.

DMDC will match the SSN on the VA electronic file by computer

against the DMDC database. Matching records, hits based on SSNs, will

produce data elements of the member's name, SSN, branch of service,

unit designation and date of entry (DOE) on active duty.

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 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, Crystal Mall 4, Suite 920, 1941 Jefferson Davis

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

[FR Doc. 98-23840 Filed 9-3-98; 8:45 am]

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