[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27327]
[[Page Unknown]]
[Federal Register: November 7, 1994]
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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
