[Federal Register: July 9, 2007 (Volume 72, Number 130)]
[Notices]
[Page 37198-37199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy07-44]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2007-OS-0068]
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 notices of any
proposed or revised computer matching program by the matching agency
for public comment. The Department of Defense (DoD), Defense Manpower
Data Center (DMDC), as the matching agency under the Privacy Act, is
hereby giving notice to the record subjects of a computer matching
program between Department of Veterans Affairs, Office of Inspector
General (VA OIG) and the Department of Defense (DoD) that their records
are being matched by computer. The purpose of the computer matching
program is to attempt to verify eligibility for VA Compensation and
Pension (C&P) benefits by matching veteran's record of those benefits
with the military service record of veterans eligible for those
benefits for themselves or their beneficiaries.
DATES: This proposed action will become effective August 8, 2007 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 concerns. 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: Ms. Janice Thornton at (703) 607-2943.
SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy
Act of 1974, as amended, (5 U.S.C. 552a), the VA OIG and DMDC have
concluded an agreement to conduct a computer matching program between
agencies. The purpose of the computer matching program is to attempt to
verify eligibility for VA C&P benefits by matching veteran's record of
those benefits with the military service record of veterans eligible
for those benefits for themselves or their beneficiaries.
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 VA OIG to
verify the military service record of veterans eligible for VA (C&P)
benefits, to identify potential fraudulent payments to fictitious
veterans, and to identify payments that should be adjusted where the
beneficiary is not entitled to all or part of the VA C&P benefits
received. The principal alternative to using a computer matching
program for identifying such individuals would be to conduct a manual
comparison of all veterans or their beneficiaries receiving VA (C&P)
benefits with the other files. Conducting a manual match, however,
would clearly impose a considerable administrative burden, constitute a
greater intrusion on the individual's privacy, and would result in
additional delay in the eventual response to possible fraud and abuse.
By comparing the information received through the computer matching
program between VA OIG and DMDC on a recurring basis, information on
successful matches (hits) can be provided to VA to initiate research on
these discrepancies, thus assuring that benefit payments are proper.
A copy of the computer matching agreement between VA OIG and DoD is
available upon request. Requests should be submitted to the address
caption above or to the Department of Veterans
[[Page 37199]]
Affairs, Office of Inspector General (52CO), 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 June
21, 2007, 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: July 2, 2007
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Notice of a Computer Matching Program Agreement Between Office of the
Inspector General the Department of Veterans Affairs and the Defense
Manpower Data Center, the Department of Defense for Verification of
Eligibility
A. PARTICIPATING AGENCIES:
Participants in this computer matching program are the Department
of Veterans Affairs, Office of Inspector General (VA OIG) and the
Department of Defense (DoD), Defense Manpower Data Center (DMDC). The
VA OIG is the source agency, i.e., the activity disclosing the records
for the purpose of the match. The DoD is the specific recipient
activity or matching agency, i.e., the agency that actually performs
the computer matching.
B. PURPOSE OF THE MATCH:
Upon the execution of this agreement, VA will provide and disclose
VA Compensation and Pension (C&P) and Veterans Assistance Discharge
Systems (VADS) records to DMDC to identify individuals that have not
separated from military service and/or confirm elements of military
service relevant to the adjudication of VA benefits. VA OIG will use
this information to initiate an independent verification process to
determine eligibility and entitlement to VA benefits.
C. AUTHORITY FOR CONDUCTING THE MATCH:
The authority to conduct this match is 5 U.S.C. App. 3, the
Inspector General Act of 1978 (IG Act). The IG Act authorizes the VA
OIG to conduct audits and investigations relating to the programs and
operations of VA. IG Act, Sec. 2. In addition, Sec. 4 of the IG Act
provides that the IG will conduct activities designed to promote
economy and efficiency and to prevent and detect fraud and abuse in
VA's programs and operations.
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. VA will use personal data from the following Privacy Act record
system for the match: Compensation, Pension, Education and
Rehabilitation Records--VA, 58VA21/22, 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.
2. DoD will use personal data from the following Privacy Act record
system for the match: Defense Manpower Data Center Data Base--S322.10
DMDC, published in the Federal Register at 72 FR 737 on January 8,
2007.
3. Agencies must publish ``routine uses'' pursuant to subsection
(b)(3) of the Privacy Act for those systems of records from which they
intend to disclose information. The systems of records described above
contain appropriate routine use provisions that pertain to disclosure
of information between the agencies.
E. DESCRIPTION OF COMPUTER MATCHING PROGRAM:
VA, as the source agency, will provide DMDC with two electronic
files, the C&P and VADS files. The C&P file contains names of veterans,
SSNs, and compensation and pension records. The VADS file contains
names of veterans, SSNs, and DD214 data. Upon receipt of the electronic
files, DMDC will perform a match using the SSNs in the VA C&P file, and
the VADS file against the DMDC Active Duty Transaction, Reserve
Transaction, and Reserve Master files. DMDC will provide VA OIG an
electronic listing of VA C&P and VADS records for which there is no
matching record from any of the three DMDC files, and an electronic
listing of records that contain data that are inconsistent with data
contained in the VA C&P or VADS files. VA OIG is responsible for
verifying and determining that the data on the DMDC electronic reply
file are consistent with the VA source file and for resolving any
discrepancies or inconsistencies on an individual basis.
F. INCLUSIVE DATES OF THE MATCHING PROGRAM:
The effective date of the matching agreement and date when matching
may actually begin shall be at the expiration of the 40-day review
period for OMB and Congress, or 30 days after publication of the
matching notice in the Federal Register, whichever date is later. The
parties to this agreement may assume OMB and Congressional concurrence
if no comments are received within 40 days of the date of the
transmittal letter. The 40-day OMB and Congressional review period and
the mandatory 30-day public comment period for the Federal Register
publication of the notice will run concurrently. Matching will be
conducted when the review/publication requirements have been satisfied
and thereafter on an annual basis. By agreement between VA OIG 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. E7-13266 Filed 7-6-07; 8:45 am]
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