Privacy Act of 1974; Notice of a Computer Matching Program, 34941-34942 [2012-14205]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 34941-34942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14205]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2012-OS-0064]


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 match concerns Reserve pay reconciliation.

DATES: This proposed action will become effective July 12, 2012 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 and Civil Liberties 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 eligibility for 
DoD/USCG members of the Reserve forces who receive VA disability 
compensation or pension to also receive military pay and allowances 
when performing reserve duty. 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 verify 
eligibility for DoD/USCG members of the Reserve forces who receive VA 
disability compensation or pension to also receive military pay and 
allowances when performing reserve duty. 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 in FOR FURTHER INFORMATION CONTACT 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 
31, 2012, to the House Committee on Oversight and Government Reform, 
the Senate Committee on Homeland Security and 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: June 7, 2012.
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 eligibility for DoD/USCG 
members of the Reserve forces who receive VA disability compensation or 
pension to also receive military pay and allowances when performing 
reserve duty.
    The VA will provide to DMDC identifying information on all VA 
recipients receiving a VA disability compensation or pension. DMDC will 
match the information with its reserve military pay data and provide 
for each match (hit) the number of training days, by fiscal year, for 
which the veteran was paid. The VA will use this information to make, 
where appropriate, necessary VA payment adjustments.

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 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, Payment of certain Reserves while on duty further provides that 
a reservist who is entitled to disability payments due to his or her 
earlier military service and

[[Page 34942]]

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:
    The DMDC will use the system of records identified as DMDC 01, 
entitled ``Defense Manpower Data Center Data Base,'' last published in 
the Federal Register at November 23, 2011, 76 FR 72391. A copy of the 
published system notice is at Attachment 2.
    The VA will use the system of records identified as ``Compensation, 
Pension, Education and Vocational Rehabilitation and Employment 
Records-VA'' (58VA21/22/28), republished in its entirety at 74 FR 29275 
(June 19, 2009), last amended at 75 FR 22187, April 27, 2010. 
Attachment 3 is a copy of the system notice with the appropriate 
routine use, i.e., RU 39.

E. Description of Computer Matching Program:
    The VA will submit to DMDC an electronic data of all VA pension and 
disability compensation beneficiaries as of the end of September. Upon 
receipt of the data, DMDC will match by SSN with reserve pay data as 
submitted to DMDC by the military services and the USCG. Upon a SSN 
match, or a ``hit,'' of both data sets, DMDC will provide VA the 
individual's name and other identifying data, to include the number of 
training days, by Fiscal Year, for each matched record. Training days 
are the total of inactive duty drills paid plus active duty days paid.
    The hits will be furnished to VA, which will be responsible for 
verifying and determining that the data in the DMDC electronic files 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 electronic data provided by the VA will contain information on 
approximately 4.2 million pension and disability compensation 
recipients.
    The DMDC reserve pay data contains information on approximately 
890,000 DoD and 10,000 USCG reservists who received 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 training days 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 
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. 2012-14205 Filed 6-11-12; 8:45 am]
BILLING CODE 5001-06-P