Privacy Act of 1974; Computer Matching Program

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; 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 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 a computer

matching program between VA and DoD that their records are being

matched by computer. The purpose of this agreement is to obtain an

accurate reconciliation between DoD/USCG and VA as to the correct pay

and allowances to be paid by the military services to the individual

for duty performed and the proper disability compensation or pension to

be paid to, or waived by, certain veterans in the Reserve Forces.

DATES: This proposed action will become effective December 31, 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, 1941 Jefferson Davis Highway, Suite

920, Arlington, VA 22202-4502.

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. The

purpose of this agreement is to obtain an accurate reconciliation

between the DoD/USCG and VA as to the correct pay and allowances to be

paid by the military services to the individual for duty performed and

the proper disability compensation or pension to be paid to, or waived

by, certain veterans in the Reserve Forces.

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 DVA 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 her 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 benefits 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 manually, the cost would be prohibitive and it is

possible that not all such dual payments would 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

November 4, 1998, to the House Committee on Government Reform and

Oversight, 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

(February 20, 1996, 61 FR 6427).

Dated: November 16, 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 RESERVE PAY

RECONCILIATION

A. Paticipating 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 obtain

an accurate reconciliation between DoD/USCG and VA as to the correct

pay and allowances to be paid by the military services to the

individual for duty performed and the proper disability compensation or

pension to be paid to, or waived by, certain veterans in the Reserve

Forces. The agreement will not only cover current individuals receiving

dual payments but those who may have received them for Fiscal Years

1993 through 1997.

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

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 receive 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 VA will use 58 VA 21/22, entitled 'Compensation, Pension,

and Education and Rehabilitation Records - VA' first published on March

3, 1976, at

[[Page 66133]]

41 FR 924, and last amended on April 24, 1995, at 60 FR 20156, with

other amendments as cited therein.

2. The DMDC will use S322.10 DMDC, entitled 'Defense Manpower Data

Center Data Base', last published on July 14, 1998 at 63 FR 37860.

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 2.2 million pension and disability

compensation recipients.

The DMDC computer database file contains information on

approximately 885,000 DoD and 7,000 USCG reservists who receive 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 a 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, 1941 Jefferson Davis Highway, Suite 920,

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

[FR Doc. 98-30996 Filed 11-30-98; 8:45 am]

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