Privacy Act of 1974; Notice of a Computer Matching Program, 11528-11529 [2016-04832]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11528-11529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04832]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0018]


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 Defense Manpower Data Center (DMDC) of the 
Department of Defense (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 
DMDC that their records are being matched by computer. The purpose of 
this match concerns Reserve pay reconciliation.

DATES: This proposed action will become effective April 4, 2016 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: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mrs. Mary Fletcher at telephone (703) 
571-0070.

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/United States Coast Guard (USCG) members of the Reserve forces who 
receive VA disability compensation or pension in addition to receiving 
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 and 
processing the information needed by the VA to identify those 
individuals who are receiving both VA compensation or pension 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 benefit 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 most dual 
payments would not be detected.
    A copy of the computer matching agreement between VA and DMDC is 
available upon request to the public. Requests should be submitted to 
Office of the Secretary of Defense, Office of the Deputy Chief 
Management Officer, Attn: Chief, Defense Privacy and Civil Liberties 
Division 9010 Defense Pentagon, Washington, DC 20301-9010 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 
February 11, 2016, to the House Committee on Government Reform, the 
Senate Committee on Governmental Affairs, and the Administrator of the 
Office of Information and Regulatory Affairs,

[[Page 11529]]

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: March 1, 2016.
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/
United States Coast Guard (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 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.
    The VA will use the system of records identified as ``Compensation, 
Pension, Education and Vocational Rehabilitation and Employment 
Records-VA'' (58 VA 21/22/28), republished in its entirety in the 
Federal Register at July 19, 2012, 77 FR 42593.

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

    Department of Defense, Office of the Deputy Chief Management 
Officer, Directorate of Oversight and Compliance, Regulatory and Audit 
Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

[FR Doc. 2016-04832 Filed 3-3-16; 8:45 am]
 BILLING CODE 5001-06-P