DoD to Deny VA Disability to Recalled Disabled

11 May 2006
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[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]               
[Page 27476-27478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-40]                         

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DEPARTMENT OF DEFENSE

Defense Logistics Agency

[DoD-2006-OS-0078]

 
Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.

ACTION: Notice 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 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.

[[Page 27477]]


DATES: This proposed action will become effective June 12, 2006 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, 1901 South Bell Street, Suite 920, 
Arlington, VA 22202-4512.

FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, Jr., at 
telephone (703) 607-2942.

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 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 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 identify those veterans who 
have returned to active duty, but are still receiving disability 
compensation. 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 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 April 
30, 2006, 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 (61 FR 6435).

    Dated: May 4, 2006.
L.M. Bynum,
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 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. 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. 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 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 
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 with 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:
    VA will use the system of records identified as ``VA Compensation, 
Pension and Education and Rehabilitation Records--V (58 VA 21/22),'' 
first published at 41 FR 9294, March 3, 1976, and last amended at 70 FR 
34186, June 13, 2005, with other amendments, as cited therein. 
Attachment 4 is a copy of the system notice with the appropriate 
routine use, i.e., RU 46, annotated.
    DoD will use the system of records identified as S322.10 DMDC, 
entitled, ``Defense Manpower Data Center Data Base,'' last published at 
69 FR 31974, June 8, 2004, as amended by 69 FR 67117, November 16, 
2004. Attachment 5 is a copy of the system notice with the appropriate 
routine use, i.e., RU 1(d)(1), annotated.

E. Description of Computer Matching Program

    The Veterans Benefits Administration will provide DMDC with an 
electronic file which contains specified data elements of individual VA 
disability compensation 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 personnel 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 the Veterans Benefits Administration which is 
responsible for verifying and determining that the data on the DMDC 
electronic reply 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 positive identification, eligibility 
for benefits, and verifying any other information with respect thereto.
    The electronic file provided by VA will contain information on 
approximately 2.5 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.

[[Page 27478]]

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 Office, 1901 South Bell Street, Suite 
920, Arlington, VA 22202-4512. Telephone (703) 607-2943.

[FR Doc. 06-4382 Filed 5-10-06; 8:45 am]

BILLING CODE 5001-06-M