Privacy Act of 1974; Alteration of a Record System

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Alteration of a Record System

AGENCY: Defense Logistics Agency, DoD.

ACTION: Alteration of a record system.

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SUMMARY: The Defense Logistics Agency proposes to alter an existing

system of records notice subject to the Privacy Act of 1974 (5 U.S.C.

552a), as amended. The Defense Logistics Agency proposes to add an

additional routine use for the system as follows: `To the Armed Forces

Retirement Home (AFRH), which includes the United States Soldier's and

Airmen's Home (USSAH) and the United States Naval Home (USNH) for the

purpose of verifying Federal payment information (military retired or

retainer pay, civil service annuity, and compensation from the DVA)

currently provided by the residents for computation of their monthly

fee and to identify any unreported benefit payments as required by the

Armed Forces Retirement Home Act of 1991, Pub.L. 101-510 (24 U.S.C.

414).'

DATES: The alteration will be effective without further notice on

December 7, 1994, unless comments are received that would result in a

contrary determination.

ADDRESSES: Send comments to Privacy Act Officer, Programs and Analysis

Division, Office of Planning and Resource Management, Defense Logistics

Agency Administrative Support Center, Room 5A120, Cameron Station,

Alexandria, VA 22304-6100.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 617-7583.

SUPPLEMENTARY INFORMATION: The complete inventory of Defense Logistics

Agency record system notices subject to the Privacy Act of 1974 (5

U.S.C. 552a), as amended, have been published in the Federal Register

and may be obtained from the address above.

An altered system report, as required by 5 U.S.C. 552a(r) of the

Privacy Act was submitted on October 18, 1994, to the Committee on

Government Operations of the House of Representatives, the Committee on

Governmental Affairs of the Senate, and the Office of Management and

Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No.

A-130, `Federal Agency Responsibilities for Maintaining Records About

Individuals,' dated July 15, 1994 (59 FR 37906, July 25, 1994). The

specific changes to the record system are set forth below followed by

the system notice as altered in its entirety.

Dated: October 28, 1994.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

S322.10 DMDC

Defense Manpower Data Center Data Base (September 19, 1994, 59 FR

47847).

* * * * *

Add a new paragraph as follows: `To the Armed Forces Retirement

Home (AFRH), which includes the United States Soldier's and Airmen's

Home (USSAH) and the United States Naval Home (USNH) for the purpose of

verifying Federal payment information (military retired or retainer

pay, civil service annuity, and compensation from the Department of

Veterans Affairs) currently provided by the residents for computation

of their monthly fee and to identify any unreported benefit payments as

required by the Armed Forces Retirement Home Act of 1991, Pub.L. 101-

510 (24 U.S.C. 414)'

* * * * *

S322.10 DMDC

Defense Manpower Data Center Data Base.

Primary location - W.R. Church Computer Center, Naval Postgraduate

School, Monterey, CA 93943-5000.

Back-up files maintained in a bank vault in Hermann Hall, Naval

Postgraduate School, Monterey, CA 93943-5000.

Decentralized segments - Portions of this file may be maintained by

the military and non-appropriated fund personnel and finance centers of

the military services, selected civilian contractors with research

contracts in manpower area, and other Federal agencies.

Computerized personnel/employment/pay records consisting of name,

Service Number, Selective Service Number, Social Security Number,

compensation data, demographic information such as home town, age, sex,

race, and educational level; civilian occupational information;

civilian and military acquisition work force warrant location, training

and job specialty information; military personnel information such as

rank, length of service, military occupation, aptitude scores, post-

service education, training, and employment information for veterans;

participation in various inservice education and training programs;

military hospitalization records; home and work addresses; and

identities of individuals involved in incidents of child and spouse

abuse, and information about the nature of the abuse and services

provided.

CHAMPUS claim records containing enrollee, patient and health care

facility, provided data such as cause of treatment, amount of payment,

name and Social Security or tax I.D. of providers or potential

providers of care.

Selective Service System registration data.

Department of Veteran Affairs disability payment records.

Credit or financial data as required for security background

investigations.

Criminal history information on individuals who subsequently enter

the military.

U.S. Postal Service employment/personnel records containing Social

Security Number, name, salary, home and work address. U.S. Postal

Service records will be maintained on a temporary basis for approved

computer matching between the U.S. Postal Service and DOD.

Office of Personnel Management (OPM) Central Personnel Data File

(CPDF), an extract from OPM/GOVT-1, General Personnel Records,

containing employment/personnel data on all Federal employees

consisting of name, Social Security Number, date of birth, sex, work

schedule (full-time, part-time, intermittent), annual salary rate (but

not actual earnings), occupational series, position occupied, agency

identifier, geographic location of duty station, metropolitan

statistical area, and personnel office identifier. Extract from OPM/

CENTRAL-1, Civil Service Retirement and Insurance Records, containing

Civil Service Claim number, date of birth, name, provision of law

retired under, gross annuity, length of service, annuity commencing

date, former employing agency and home address. These records provided

by OPM for approved computer matching.

Non-appropriated fund employment/personnel records consist of

Social Security Number, name, and work address.

10 U.S.C. 136, Assistant Secretaries of Defense; Appointment Powers

and Duties; 10 U.S.C. 2358; Research Projects; 5 U.S.C. App. 3 (Pub. L.

95-452, as amended (Inspector General Act of 1978)); and E.O. 9397.

The purpose of the system of records is to provide a single central

facility within the Department of Defense to assess manpower trends,

support personnel functions, to perform longitudinal statistical

analyses, identify current and former DOD civilian and military

personnel for purposes of detecting fraud and abuse of pay and benefit

programs, to register current and former DoD civilian and military

personnel and their authorized dependents for purposes of obtaining

medical examination, treatment or other benefits to which they are

qualified, and to collect debts owed to the United States Government

and state and local governments.

All records in this record system are subject to use in authorized

computer matching programs within the Department of Defense and with

other Federal agencies or non-Federal agencies as regulated by the

Privacy Act of 1974, as amended, (5 U.S.C. 552a).

In addition to those disclosures generally permitted under 5 U.S.C.

552a(b) of the Privacy Act, these records or information contained

therein may specifically be disclosed outside the DoD as a routine use

pursuant to 5 U.S.C. 552a(b)(3) as follows:

To the Department of Veteran Affairs (DVA) to provide military

personnel and pay data for present and former military personnel for

the purpose of evaluating use of veterans benefits, validating benefit

eligibility and maintaining the health and well being of veterans.

To the Department of Veteran Affairs (DVA) to provide identifying

military personnel data to the DVA and its contractor, the Prudential

Insurance Company, for the purpose of notifying members of the

Individual Ready Reserve (IRR) of their right to apply for Veteran's

Group Life Insurance coverage.

To the Department of Veterans Affairs (DVA) to register eligible

veterans and their dependents for DVA programs.

To the Department of Veterans Affairs (DVA) to conduct computer

matching programs regulated by the Privacy Act of 1974, as amended (5

U.S.C. 552a), for the purpose of:

1. Providing full identification of active duty military personnel,

including full-time National Guard/Reserve support personnel, for use

in the administration of DVA's Compensation and Pension benefit program

(38 U.S.C. 3104(c), 3006-3008). The information is used to determine

continued eligibility for DVA disability compensation to recipients who

have returned to active duty so that benefits can be adjusted or

terminated as required and steps taken by DVA to collect any resulting

over payment.

2. Providing military personnel and financial data to the Veterans

Benefits Administration, DVA for the purpose of determining initial

eligibility and any changes in eligibility status to insure proper

payment of benefits for GI Bill education and training benefits by the

DVA under the Montgomery GI Bill (Title 10 U.S.C., Chapter 106 -

Selected Reserve and Title 38 U.S.C., Chapter 30 - Active Duty). The

administrative responsibilities designated to both agencies by the law

require that data be exchanged in administering the programs.

3. Providing identification of reserve duty, including full-time

support National Guard/Reserve military personnel, to the DVA, for the

purpose of deducting reserve time served from any DVA disability

compensation paid or waiver of VA benefit. The law (10 U.S.C. 684)

prohibits receipt of reserve pay and DVA compensation for the same time

period, however, it does permit waiver of DVA compensation to draw

reserve pay.

4. Providing identification of former active duty military

personnel who received separation payments to the DVA for the purpose

of deducting such repayment from any DVA disability compensation paid.

The law (38 U.S.C. 3104(c)) requires recoupment of severance payments

before DVA disability compensation can be paid.

5. Providing identification of former military personnel and

survivor's financial benefit data to DVA for the purpose of identifying

military retired pay and survivor benefit payments for use in the

administration of the DVA's Compensation and Pension program (38 U.S.C.

3104(c), 3006-3008). The information is to be used to process all DVA

award actions more efficiently, reduce subsequent overpayment

collection actions, and minimize erroneous payments.

To the Office of Personnel Management (OPM) consisting of

personnel/employment/financial data for the purpose of carrying out

OPM's management functions. Records disclosed concern pay, benefits,

retirement deductions and any other information necessary for those

management functions required by law (Pub. L. 83-598, 84-356, 86-724,

94-455 and 5 U.S.C. 1302, 2951, 3301, 3372, 4118, 8347).

To the Office of Personnel Management (OPM) to conduct computer

matching programs regulated by the Privacy Act of 1974, as amended (5

U.S.C. 552a) for the purpose of:

1. Exchanging personnel and financial information on certain

military retirees, who are also civilian employees of the Federal

government, for the purpose of identifying those individuals subject to

a limitation on the amount of military retired pay they can receive

under the Dual Compensation Act (5 U.S.C. 5532), and to permit

adjustments of military retired pay by the Defense Finance and

Accounting Service and to take steps to recoup excess of that permitted

under the dual compensation and pay cap restrictions.

2. Exchanging personnel and financial data on civil service

annuitants (including disability annuitants under age 60) who are

reemployed by DOD to insure that annuities of DOD reemployed annuitants

are terminated where applicable, and salaries are correctly offset

where applicable as required by law (5 U.S.C. 8331, 8344, 8401 and

8468).

3. Exchanging personnel and financial data to identify individuals

who are improperly receiving military retired pay and credit for

military service in their civil service annuities, or annuities based

on the `guaranteed minimum' disability formula. The match will identify

and/or prevent erroneous payments under the Civil Service Retirement

Act (CSRA) 5 U.S.C. 8331 and the Federal Employees' Retirement System

Act (FERSA) 5 U.S.C. 8411. DOD's legal authority for monitoring retired

pay is 10 U.S.C. 1401.

4. Exchanging civil service and Reserve military personnel data to

identify those individuals of the Reserve forces who are employed by

the Federal government in a civilian position. The purpose of the match

is to identify those particular individuals occupying critical

positions as civilians and cannot be released for extended active duty

in the event of mobilization. Employing Federal agencies are informed

of the reserve status of those affected personnel so that a choice of

terminating the position or the reserve assignment can be made by the

individual concerned. The authority for conducting the computer match

is contained in E.O. 11190, Providing for the Screening of the Ready

Reserve of the Armed Services.

To the Internal Revenue Service (IRS) for the purpose of obtaining

home addresses to contact Reserve component members for mobilization

purposes and for tax administration. For the purpose of conducting

aggregate statistical analyses on the impact of DOD personnel of actual

changes in the tax laws and to conduct aggregate statistical analyses

to lifestream earnings of current and former military personnel to be

used in studying the comparability of civilian and military pay

benefits. To aid in administration of Federal Income Tax laws and

regulations, to identify non-compliance and delinquent filers.

To the Department of Health and Human Services (DHHS):

1. To the Office of the Inspector General, DHHS, for the purpose of

identification and investigation of DOD employees and military members

who may be improperly receiving funds under the Aid to Families of

Dependent Children Program.

2. To the Office of Child Support Enforcement, DHHS, pursuant to 42

U.S.C. 653 and Pub. L. 94-505, to assist state child support offices in

locating absent parents in order to establish and/or enforce child

support obligations.

3. To the Health Care Financing Administration (HCFA), DHHS for the

purpose of monitoring HCFA reimbursement to civilian hospitals for

Medicare patient treatment. The data will ensure no Department of

Defense physicians, interns or residents are counted for HCFA

reimbursement to hospitals.

4. To the Social Security Administration (SSA), Office of Research

and Statistics, DHHS for the purpose of conducting statistical analyses

of impact of military service and use of GI Bill benefits on long term

earnings.

5. To the Bureau of Supplemental Security Income, SSA, DHHS to

conduct computer matching programs regulated by the Privacy Act of

1974, as amended (5 U.S.C. 552a), for the purpose of verifying

information provided to the SSA by applicants and recipients who are

retired military members or their survivors for Supplemental Security

Income (SSI) benefits. By law (42 U.S.C. 1383) the SSA is required to

verify eligibility factors and other relevant information provided by

the SSI applicant from independent or collateral sources and obtain

additional information as necessary before making SSI determinations of

eligibility, payment amounts or adjustments thereto.

6. To HHS for the purpose of conducting studies concerned with the

health and well being of the active duty and veteran population.

To the Selective Service System (SSS) for the purpose of

facilitating compliance of members and former members of the Armed

Forces, both active and reserve, with the provisions of the Selective

Service registration regulations (50 U.S.C. App. 451 and E.O. 11623).

To DOD Civilian Contractors for the purpose of performing research

on manpower problems for statistical analyses.

To the Department of Labor (DOL) to reconcile the accuracy of

unemployment compensation payments made to former DOD civilian

employees and military members by the states. To the Department of

Labor to survey military separations to determine the effectiveness of

programs assisting veterans to obtain employment.-

To the U.S. Coast Guard (USCG) of the Department of Transportation

(DOT) to conduct computer matching programs regulated by the Privacy

Act of 1974, as amended (5 U.S.C. 552a), for the purpose of exchanging

personnel and financial information on certain retired USCG military

members, who are also civilian employees of the Federal government, for

the purpose of identifying those individuals subject to a limitation on

the amount of military pay they can receive under the Dual Compensation

Act (5 U.S.C. 5532), and to permit adjustments of military retired pay

by the U.S. Coast Guard and to take steps to recoup excess of that

permitted under the dual compensation and pay cap restrictions.

To the Department of Housing and Urban Development (HUD) to provide

data contained in this record system that includes the name, Social

Security Number, salary and retirement pay for the purpose of verifying

continuing eligibility in HUD's assisted housing programs maintained by

the Public Housing Authorities (PHAs) and subsidized multi-family

project owners or management agents. Data furnished will be reviewed by

HUD or the PHAs with the technical assistance from the HUD Office of

the Inspector General (OIG) to determine whether the income reported by

tenants to the PHA or subsidized multi-family project owner or

management agent is correct and complies with HUD and PHA requirements.

To Federal and Quasi-Federal agencies, territorial, state, and

local governments to support personnel functions requiring data on

prior military service credit for their employees or for job

applications. To determine continued eligibility and help eliminate

fraud and abuse in benefit programs and to collect debts and over

payments owed to these programs. To assist in the return of unclaimed

property or assets escheated to states of civilian employees and

military member and to provide members and former members with

information and assistance regarding various benefit entitlements, such

as state bonuses for veterans, etc. Information released includes name,

Social Security Number, and military or civilian address of

individuals. To detect fraud, waste and abuse pursuant to the authority

contained in the Inspector General Act of 1978, as amended (Pub. L. 95-

452) for the purpose of determining eligibility for, and/or continued

compliance with, any Federal benefit program requirements.To private

consumer reporting agencies to comply with the requirements to update

security clearance investigations of DOD personnel.

To consumer reporting agencies to obtain current addresses of

separated military personnel to notify them of potential benefits

eligibility.

To Defense contractors to monitor the employment of former DOD

employees and members subject to the provisions of 10 U.S.C. 2397.

To financial depository institutions to assist in locating

individuals with dormant accounts in danger of reverting to state

ownership by escheatment for accounts of DOD civilian employees and

military members.

To any Federal, state or local agency to conduct authorized

computer matching programs regulated by the Privacy Act of 1974, as

amended, (5 U.S.C. 552a) for the purposes of identifying and locating

delinquent debtors for collection of a claim owed the Department of

Defense or the Unites States Government under the Debt Collection Act

of 1982 (Pub. L. 97-365).

To state and local law enforcement investigative agencies to obtain

criminal history information for the purpose of evaluating military

service performance and security clearance procedures (10 U.S.C. 2358).

To the United States Postal Service to conduct computer matching

programs regulated by the Privacy Act of 1974, as amended (5 U.S.C.

552a), for the purposes of:

1. Exchanging civil service and Reserve military personnel data to

identify those individuals of the Reserve forces who are employed by

the Federal government in a civilian position. The purpose of the match

is to identify those particular individuals occupying critical

positions as civilians and who cannot be released for extended active

duty in the event of mobilization. The Postal Service is informed of

the reserve status of those affected personnel so that a choice of

terminating the position on the reserve assignment can be made by the

individual concerned. The authority for conducting the computer match

is contained in E.O. 11190, Providing for the Screening of the Ready

Reserve of the Armed Forces.

2. Exchanging personnel and financial information on certain

military retirees who are also civilian employees of the Federal

government, for the purpose of identifying those individuals subject to

a limitation on the amount of retired military pay they can receive

under the Dual Compensation Act (5 U.S.C. 5532), and permit adjustments

to military retired pay to be made by the Defense Finance and

Accounting Service and to take steps to recoup excess of that permitted

under the dual compensation and pay cap restrictions.

To the Armed Forces Retirement Home (AFRH), which includes the

United States Soldier's and Airmen's Home (USSAH) and the United States

Naval Home (USNH) for the purpose of verifying Federal payment

information (military retired or retainer pay, civil service annuity,

and compensation from the Department of Veterans Affairs) currently

provided by the residents for computation of their monthly fee and to

identify any unreported benefit payments as required by the Armed

Forces Retirement Home Act of 1991, Pub.L. 101-510 (24 U.S.C. 414).

The `Blanket Routine Uses' set forth at the beginning of the DLA

compilation of record system notices also apply to this record system.

Electronic storage media.

Retrieved by name, Social Security Number, occupation, or any other

data element contained in system.

W.R. Church Computer Center - Tapes are stored in a locked cage in

a controlled access area; tapes can be physically accessed only by

computer center personnel and can be mounted for processing only if the

appropriate security code is provided.

Back-up location - Tapes are stored in a bank-type vault; buildings

are locked after hours and only properly cleared and authorized

personnel have access.

Files constitute a historical data base and are permanent.

U.S. Postal Service records are temporary and are destroyed after

the computer matching program results are verified.

Deputy Director, Defense Manpower Data Center, 99 Pacific Street,

Suite 155A, Monterey, CA 93940-2453.

Individuals seeking to determine whether this system of records

contains information about themselves should address written inquiries

to the Deputy Director, Defense Manpower Data Center, 99 Pacific

Street, Suite 155A, Monterey, CA 93940-2453.

Written requests should contain the full name, Social Security

Number, date of birth, and current address and telephone number of the

individual.

For personal visits, the individual should be able to provide some

acceptable identification such as driver's license or military or other

identification card.

Individuals seeking access to records about themselves contained in

this system of records should address inquiries to the Deputy Director,

Defense Manpower Data Center, 99 Pacific Street, Suite 155A, Monterey,

CA 93940-2453.

Written requests should contain the full name, Social Security

Number, date of birth, and current address and telephone number of the

individual.

For personal visits, the individual should be able to provide some

acceptable identification such as driver's license or military or other

identification card.

DLA rules for contesting contents and appealing initial agency

determinations are contained in DLA Regulation 5400.21, Personal

Privacy and Rights of Individuals Regarding Their Personal Records; 32

CFR part 323; or may be obtained from the system manager.

The military services, the Department of Veteran Affairs, the

Department of Education, Department of Health and Human Services, from

individuals via survey questionnaires, the Department of Labor, the

Office of Personnel Management, Federal and Quasi-Federal agencies,

Selective Service System, and the U.S. Postal Service.

None.

[FR Doc. 94-27327 Filed 11-4-94; 8:45am]

BILLING CODE 5000-04-F