94-23042. Privacy Act of 1974; Alteration of a Record System  

  • [Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-23042]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 19, 1994]
    
    
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF DEFENSE
     
    
    Privacy Act of 1974; Alteration of a Record System
    
    AGENCY: Defense Logistics Agency, DoD.
    
    ACTION: Alteration of a record system.
    
    -----------------------------------------------------------------------
    
    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 Department of 
    Health and Human Services for the purpose of conducting studies 
    concerned with the health and well being of the active duty and veteran 
    population.
    
    DATES: The alteration will be effective without further notice on 
    October 19, 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(5) of the 
    Privacy Act was submitted on September 8, 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: September 13, 1994.
    
    
    Patricia L. Toppings,
    Alternate OSD Federal Register Liaison Officer, Department of Defense.
    S322.10 DMDC
        Defense Manpower Data Center Data Base (February 22, 1993, 58 FR 
    10872).
    * * * * *
        Add a sixth paragraph under the purposes for the Department of 
    Health and Human Services as follows: `6. To the Center for Disease 
    Control, DHHS, for the purpose of conducting studies concerned with the 
    health and well being of the active duty and veteran population.'
    * * * * *
    S322.10 DMDC
        Defense Manpower Data Center Data Base (February 22, 1993, 58 FR 
    10872).
        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.
        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 identified in Service child 
    and spouse abuse registries as sponsors, offenders or victims.
        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.
        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.
        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. 94-23042 Filed 9-16-94;8:45am].
    BILLING CODE 5000-04-F
    
    
    

Document Information

Effective Date:
10/19/1994
Published:
09/19/1994
Department:
Defense Department
Entry Type:
Uncategorized Document
Action:
Alteration of a record system.
Document Number:
94-23042
Dates:
The alteration will be effective without further notice on October 19, 1994, unless comments are received that would result in a contrary determination.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 19, 1994