80 FR 54276 - Privacy Act of 1974; Notice of a Computer Matching Program

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 174 (September 9, 2015)

Subsection (e)(12) of the Privacy Act of 1974, as amended, requires agencies to publish advance notice of any proposed or revised computer matching program by the matching agency for public comment. 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 Defense Manpower Data Center (DMDC) of the Department of Defense (DoD) and the Veterans Benefits Administration of the Department of Veterans Affairs (VA) that their records will continue to be matched by computer. The purpose of this agreement is to verify an individual's continuing eligibility for VA benefits by identifying VA disability benefit recipients who return to active duty and to ensure that benefits are terminated if appropriate.

[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54276-54277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22654]



[[Page 54276]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0091]


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, 
requires agencies to publish advance notice of any proposed or revised 
computer matching program by the matching agency for public comment. 
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 Defense Manpower Data Center 
(DMDC) of the Department of Defense (DoD) and the Veterans Benefits 
Administration of the Department of Veterans Affairs (VA) that their 
records will continue to be matched by computer. The purpose of this 
agreement is to verify an individual's continuing eligibility for VA 
benefits by identifying VA disability benefit recipients who return to 
active duty and to ensure that benefits are terminated if appropriate.

DATES: This proposed action will become effective October 9, 2015 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. Public comments 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: http://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, docket number and title 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 http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Fletcher, Chief, Defense 
Privacy and Civil Liberties Division, Office of the Deputy Chief 
Management Officer, Office of the Secretary of Defense, 9010 Defense 
Pentagon, Washington, DC 20301-9010, or by telephone at 703-571-0070.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended (5 U.S.C. 552a), DoD and VA have concluded an 
agreement to renew a computer matching program between the agencies. 
The purpose of this agreement is to verify an individual's continuing 
eligibility for VA benefits by identifying VA disability benefit 
recipients who return to active duty and to ensure that benefits are 
terminated if appropriate. The VA will provide identifying information 
on disability compensation recipients to DMDC to match against a file 
of active duty (including full-time National Guard and Reserve) 
personnel. 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 the FOR FURTHER INFORMATION CONTACT 
section.
    Set forth below is the notice of the renewal of the computer 
matching program required by paragraph 6.c. of the Office of Management 
and Budget Guidelines on computer matching published in the Federal 
Register on June 19, 1989 at 54 FR 25818. The matching agreement, as 
required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, 
and an advance copy of this notice was submitted on August 26, 2015, to 
the House Committee on Government Reform, 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: September 3, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Notice of a Computer Matching Program Between the Department of Defense 
and the Department of Veterans Affairs for Verification of Disability 
Compensation

    A. Participating Agencies: Participants in this computer matching 
program are the Veterans Benefits Administration of 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 performs the computer matching.
    B. Purpose of the Match: The purpose of this agreement is to verify 
an individual's continuing eligibility for VA benefits. VA will provide 
identifying information on disability compensation and pension 
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 and pension so that benefits can 
be adjusted or terminated, if appropriate in order.
    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, which precludes 
pension, compensation, or retirement pay on account of any person's own 
service, for any period for which he or she receives active duty pay. 
The head of any Federal department or agency shall provide, pursuant to 
38 U.S.C. 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 record will be disclosed for the purpose of this 
computer matching agreement are as follows:
    1. VA will use the system of records identified as ``Compensation, 
Pension, Education and Vocational Rehabilitation and Employment 
Records--VA'' (58VA21/22/28), published at 74 FR 29275 (June 19, 2009), 
and last amended at 77 FR 42593 (July 19, 2012). Disclosure of data 
will be pursuant to routine use 39.
    2. DoD will use the system of records identified as DMDC 01, 
entitled, ``Defense Manpower Data Center Data Base'', published 
November 23, 2011, 76 FR 72391. Disclosure of data will be pursuant to 
routine use 1.(e).
    E. Description of Computer Matching Program: VA will provide DMDC 
with an electronic file that contains specified data elements of 
individual VA disability compensation and pension

[[Page 54277]]

recipients. Upon receipt of the electronic file, 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 consists of pay records of 
active duty (including full-time National Guard and Reserve) military 
members. Matching records, ``hits'' based on the SSN, will produce the 
member's name, branch of service, and unit designation, and other 
pertinent data elements. The hits will be furnished to VA, which is 
responsible for verifying and determining the data on the electronic 
reply file are consistent with the source file and for resolving all 
discrepancies or inconsistencies on an individual basis. VA will also 
be responsible for making final determinations as to positive 
identification, eligibility for benefits, and verifying any other 
information with respect thereto.
    The listing will be sorted by VA file number by Regional Office 
number. VA will then take necessary action to terminate compensation 
payments of any benefit recipient identified as being on active duty 
while receiving compensation pay after following the verification of 
procedures detailed in this agreement.
    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: Chief, 
Defense Privacy and Civil Liberties Division, Office of the Deputy 
Chief Management Officer, Office of the Secretary of Defense, 9010 
Defense Pentagon, Washington, DC 20301-9010. Telephone (703)571-0070.

[FR Doc. 2015-22654 Filed 9-8-15; 8:45 am]
 BILLING CODE 5001-06-P