Privacy Act of 1974; Notice to Alter a Record System.

Federal RegisterFeb 20, 1996

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Notice to Alter a Record System.

AGENCY: Defense Logistics Agency, DOD.

ACTION: Notice to alter a record system.

-----------------------------------------------------------------------

SUMMARY: The Defense Logistics Agency proposes to alter a system of

records notice in its inventory of record systems subject to the

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

add a routine use.

DATES: The alteration will be effective on March 21, 1996, unless

comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Defense Logistics

Agency, DASC-RP, Alexandria, VA 22304-6100.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Christensen at (703) 617-

7583.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency notices for

systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a),

as amended, have been published in the Federal Register and are

available from the address above.

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

Privacy Act was submitted on February 5, 1996, to the Committee on

Government Reform and Oversight 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 June 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.

[[Page 6355]]

Dated: February 14, 1996.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

S322.10 DMDC

System name:

Defense Manpower Data Center Data Base (April 20, 1995, 60 FR

19738).

Changes:

* * * * *

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

Add the following to paragraph 4(b) `; and for conducting computer

matching as authorized by E.O. 12953 to facilitate the enforcement of

child support owed by delinquent obligors within the entire civilian

Federal government and the Uniformed Services work force (active and

retired). Identifying delinquent obligors will allow State Child

Support Enforcement agencies to commence wage withholding or other

enforcement actions against the obligors.'

Insert a new paragraph 20 `To Federal and Quasi-Federal agencies,

territorial, state and local governments, and contractors and grantees

for the purpose of supporting research studies concerned with the

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

will disclose information from this system of records for research

purposes when DMDC:

a. Has determined that the use or disclosure does not violate legal

or policy limitations under which the record was provided, collected,

or obtained;

b. Has determined that the research purpose (1) cannot be

reasonably accomplished unless the record is provided in individually

identifiable form, and (2) warrants the risk to the privacy of the

individual that additional exposure of the record might bring;

c. Has required the recipient to (1) establish reasonable

administrative, technical, and physical safeguards to prevent

unauthorized use or disclosure of the record, and (2) remove or destroy

the information that identifies the individual at the earliest time at

which removal or destruction can be accomplished consistent with the

purpose of the research project, unless the recipient has presented

adequate justification of a research or health nature for retaining

such information, and (3) make no further use or disclosure of the

record except (A) in emergency circumstances affecting the health or

safety of any individual, (B) for use in another research project,

under these same conditions, and with written authorization of the

Department, (C) for disclosure to a properly identified person for the

purpose of an audit related to the research project, if information

that would enable research subjects to be identified is removed or

destroyed at the earliest opportunity consistent with the purpose of

the audit, or (D) when required by law;

d. Has secured a written statement attesting to the recipient's

understanding of, and willingness to abide by these provisions.'

* * * * *

S322.10 DMDC

System name:

Defense Manpower Data Center Data Base.

System location:

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.

Categories of individuals covered by the system:

All uniformed services officers and enlisted personnel who served

on active duty from July 1, 1968, and after or who have been a member

of a reserve component since July 1975; retired military personnel;

participants in Project 100,000 and Project Transition, and the

evaluation control groups for these programs. All individuals examined

to determine eligibility for military service at an Armed Forces

Entrance and Examining Station from July 1, 1970, and later.

DOD civilian employees since January 1, 1972. All veterans who have

used the GI Bill education and training employment services office

since January 1, 1971. All veterans who have used GI Bill education and

training entitlements, who visited a state employment service office

since January 1, 1971, or who participated in a Department of Labor

special program since July 1, 1971. All individuals who ever

participated in an educational program sponsored by the U.S. Armed

Forces Institute and all individuals who ever participated in the Armed

Forces Vocational Aptitude Testing Programs at the high school level

since September 1969.

Individuals who responded to various paid advertising campaigns

seeking enlistment information since July 1, 1973; participants in the

Department of Health and Human Services National Longitudinal Survey.

Individuals responding to recruiting advertisements since January

1987; survivors of retired military personnel who are eligible for or

currently receiving disability payments or disability income

compensation from the Department of Veteran Affairs; surviving spouses

of active or retired deceased military personnel; 100% disabled

veterans and their survivors.

Individuals receiving disability compensation from the Department

of Veteran Affairs or who are covered by a Department of Veteran

Affairs' insurance or benefit program; dependents of active duty

military retirees, selective service registrants.

Individuals receiving a security background investigation as

identified in the Defense Central Index of Investigation. Former

military and civilian personnel who are employed by DOD contractors and

are subject to the provisions of 10 U.S.C. 2397.

All U.S. Postal Service employees.

All Federal Civil Service employees.

All non-appropriated funded individuals who are employed by the

Department of Defense.

Individuals who were or may have been the subject of tests

involving chemical or biological human-subject testing; and individuals

who have inquired or provided information to the Department of Defense

concerning such testing.

Categories of records in the system:

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,

[[Page 6356]]

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.

Authority for the maintenance of the system:

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.

Purpose(s):

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.

Information will be used by agency officials and employees, or

authorized contractors, and other DoD Components in the preparation of

the histories of human chemical or biological testing or exposure; to

conduct scientific studies or medical follow-up programs; to respond to

Congressional and Executive branch inquiries; and to provide data or

documentation relevant to the testing or exposure of individuals

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).

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

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:

1. To the Department of Veteran Affairs (DVA):

a. 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.

b. 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.

c. To register eligible veterans and their dependents for DVA

programs.

d. 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.

2. To the Office of Personnel Management (OPM):

a. 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-

[[Page 6357]]

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

b. 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.

3. 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.

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

a. 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.

b. 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; and for conducting computer matching as authorized

by E.O. 12953 to facilitate the enforcement of child support owed by

delinquent obligors within the entire civilian Federal government and

the Uniformed Services work force (active and retired). Identifying

delinquent obligors will allow State Child Support Enforcement agencies

to commence wage withholding or other enforcement actions against the

obligors.

c. 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.

d. To the Center for Disease Control and the National Institutes of

Mental Health, DHHS, for the purpose of conducting studies concerned

with the health and well being of the active duty and veteran

population.

5. To the Social Security Administration (SSA):

a. To the Office of Research and Statistics for the purpose of

conducting statistical analyses of impact of military service and use

of GI Bill benefits on long term earnings.

b. To the Bureau of Supplemental Security Income 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 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).

7. To DOD Civilian Contractors and grantees for the purpose of

performing research on manpower problems for statistical analyses.

8. 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.

9. 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.

10. 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

[[Page 6358]]

(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.

11. 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.

12. To private consumer reporting agencies to comply with the

requirements to update security clearance investigations of DOD

personnel.

13. To consumer reporting agencies to obtain current addresses of

separated military personnel to notify them of potential benefits

eligibility.

14. To Defense contractors to monitor the employment of former DOD

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

15. 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.

16. 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 United States Government under the Debt Collection Act

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

17. 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).

18. To the United States Postal Service:

a. To conduct computer matching programs regulated by the Privacy

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

b. 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.

c. 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.

19. 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).

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

local governments, and contractors and grantees for the purpose of

supporting research studies concerned with the health and well being of

the active duty and veteran population. DMDC will disclose information

from this system of records for research purposes when DMDC: