Privacy Act of 1974; Systems of Records, 737-742 [E7-11]

Download as PDF Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices Defense Department, the Coast Guard, the Public Health Service, the National Oceanic and Atmospheric Administration, Department of Veterans Affairs, and other Federal agencies. Dated: December 29, 2006. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM NAME: None. S322.10 DMDC [FR Doc. E7–10 Filed 1–5–07; 8:45 am] Defense Manpower Data Center Data Base (June 8, 2004, 70 FR 31974). BILLING CODE 5001–06–P CHANGES: * DEPARTMENT OF DEFENSE * * * * SYSTEM LOCATION: Secretary of Defense * Delete second paragraph. * * * * [DOD–2006–OS–0227] CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Privacy Act of 1974; Systems of Records Delete from entry ‘‘Individuals who responded to various paid advertising campaigns seeking enlistment information since July 1, 1973,’’ ‘‘Individuals responding to recruiting advertisements since January 1987,’’ and ‘‘All Federal (non-postal) civilian employees and.’’ AGENCY: ACTION: Defense Logistics Agency. Notice to alter a system of records. SUMMARY: The Defense Logistics Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. This proposed action will be effective without further notice on February 7, 2007 unless comments are received which result in a contrary determination. DATES: Send comments to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060–6221. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767–5045. The Defense Logistics Agency systems of records notices 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. The proposed system reports, as required by 5 U.S.C. 552a(r), of the Privacy Act of 1974, as amended, were submitted on December 28, 2006, to the House Committee on Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, 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 February 8, 1996 (February 20, 1996, 61 FR 6427). jlentini on PROD1PC65 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:57 Jan 05, 2007 Jkt 211001 CATEGORIES OF RECORDS IN THE SYSTEM: Add two new paragraphs to the entry: ‘‘Index fingerprints of Military Entrance Processing Command (MEPCOM) applicants’’ and ‘‘Privacy Act audit logs.’’ * * * * * PURPOSE(S): Last paraphrase in the first paragraph should be a new paragraph. In the newly renumbered third paragraph replace ‘‘the histories of human chemical or biological testing or exposure; to conduct scientific studies or medical follow up programs’’ with ‘‘studies and policy as related to the health and well-being of current and past military and DOD affiliated personnel;’’ Delete the former third paragraph in its entirety. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Add a new paragraph 1.d. as follows: ‘‘d. 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. 5106). The information is to be used to process all DVA award actions more efficiently, reduce subsequent overpayment collection actions, and minimize erroneous payments.’’ Renumber/reletter paragraphs accordingly. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 737 In the newly renumbered paragraph 1.e. delete paragraph (5) in its entirety. Delete former paragraphs 2.b.(1) and (2) in their entirety, renumbering paragraphs accordingly. Add a new paragraph 2.c. as follows: ‘‘Matching for administrative purposes to include updated employer addresses of Federal civil service employees who are reservists and demographic data on civil service employees who are reservists.’’ Add a new paragraph 4.e. as follows: ‘‘To conduct computer matching programs regulated by the Privacy Act of 1974, as amended (5 U.S.C. 552a) for the purpose of determining continued eligibility and help eliminate fraud and abuse in benefit programs by identifying individuals who are receiving Federal compensation or pension payments and also are receiving payments pursuant to Federal benefit programs being administered by the States.’’ Delete former paragraphs 7, 9, 10, 12, 14, 15, 16, 18, and 19. Renumber paragraphs accordingly. * * * * * SAFEGUARDS: Delete entry and replace with ‘‘Access to personal information is restricted to those who require the records in the performance of their official duties. Access to personal information is further restricted by the use of Common Access Cards (CAC). Physical entry is restricted by the use of locks, guards, and administrative procedures. All individuals granted access to this system of records are to have taken Information Assurance and Privacy Act training; all have been through the vetting process and have ADP ratings.’’ * * * * * RECORD SOURCE CATEGORIES: Delete entry and replace with ‘‘Record sources are individuals via survey questionnaires, the military services, the Department of Veteran Affairs, the U. S. Coast Guard, the National Oceanic and Atmospheric Administration, the Public Health Service, the Office of Personnel Management, Environmental Protection Agency, Department of Health and Human Services, Department of Energy, Executive Office of the President, and the Selective Service System.’’ * * * * * S322.10 DMDC SYSTEM NAME: Defense Manpower Data Center Data Base. E:\FR\FM\08JAN1.SGM 08JAN1 738 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices SYSTEM LOCATION: Naval Postgraduate School Computer Center, Naval Postgraduate School, Monterey, CA 93943–5000. jlentini on PROD1PC65 with NOTICES CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All Army, Navy, Air Force and Marine Corps officer 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 Army, Navy, Air Force, and Marine Corps officer and enlisted personnel; active and retired Coast Guard personnel; active and retired members of the commissioned corps of the National Oceanic and Atmospheric Administration; active and retired members of the commissioned corps of the Public Health Service; 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. Current and former 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. Participants in the Department of Health and Human Services National Longitudinal Survey. Survivors of retired military personnel who are eligible for or currently receiving disability payments or disability income compensation from the Department of Veterans Affairs; surviving spouses of active or retired deceased military personnel; 100% disabled veterans and their survivors; survivors of retired Coast Guard personnel; and survivors of retired officers of the National Oceanic and Atmospheric Administration and the Public Health Service who are eligible for or are currently receiving Federal payments due to the death of the retiree. Individuals receiving disability compensation from the Department of Veterans Affairs or who are covered by a Department of Veterans Affairs insurance or benefit program; VerDate Aug<31>2005 17:57 Jan 05, 2007 Jkt 211001 dependents of active and retired members of the Uniformed Services, 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 Federal civilian retirees. 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. Individuals who are authorized web access to DMDC computer systems and databases. CATEGORIES OF RECORDS IN THE SYSTEM: Computerized personnel/ employment/pay records consisting of name, Service Number, Selective Service Number, Social Security Number, citizenship data, compensation data, demographic information such as home town, age, sex, race, and educational level; civilian occupational information; performance ratings of DOD civilian employees and military members; reasons given for leaving military service or DOD civilian service; civilian and military acquisition work force warrant location, training and job specialty information; military personnel information such as rank, assignment/deployment, length of service, military occupation, aptitude scores, post service education, training, and employment information for veterans; participation in various inservice education and training programs; date of award of certification of military experience and training; military hospitalization and medical treatment, immunization, and pharmaceutical dosage 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 identification number of providers or potential providers of care. Selective Service System registration data. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Index fingerprints of Military Entrance Processing Command (MEPCOM) applicants. Privacy Act audit logs. Department of Veterans Affairs disability payment records. Credit or financial data as required for security background investigations. Criminal history information on individuals who subsequently enter the military. 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 Office of Personnel Management (OPM) OPM/CENTRAL–1, Civil Service Retirement and Insurance Records, including postal workers covered by Civil Service Retirement, 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. Military drug test records containing the Social Security Number, date of specimen collection, date test results reported, reason for test, test results, base/area code, unit, service, status (active/reserve), and location code of testing laboratory. Names of individuals, as well as DMDC assigned identification numbers, and other user-identifying data, such as organization, Social Security Number, email address, phone number, of those having web access to DMDC computer systems and databases, to include dates and times of access. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301, Departmental Regulations; 5 U.S.C. App. 3 (Pub. L. 95–452, as amended (Inspector General Act of 1978)); 10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 1562, Database on Domestic Violence Incidents; Pub. L. 106–265, Federal Long-Term Care Insurance; 10 U.S.C. 2358, Research and Development Projects; and E.O. 9397 (SSN). E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices 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 and readiness 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. 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 studies and policy as related to the health and well-being of current and past military and DOD affiliated personnel; to respond to Congressional and Executive branch inquiries; and to provide data or documentation relevant to the testing or exposure of individuals. Military drug test records will be maintained and used to conduct longitudinal, statistical, and analytical studies and computing demographic reports on military personnel. No personal identifiers will be included in the demographic data reports. All requests for Service specific drug testing demographic data will be approved by the Service designated drug testing program office. All requests for DOD wide drug testing demographic data will be approved by the DOD Coordinator for Drug Enforcement Policy and Support, 1510 Defense Pentagon, Washington, DC 20301–1510. DMDC web usage data will be used to validate continued need for user access to DMDC computer systems and databases, to address problems associated with web access, and to ensure that access is only for official purposes. jlentini on PROD1PC65 with NOTICES 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 Veterans Affairs (DVA): a. To provide military personnel and pay data for present and former military personnel for the purpose of evaluating VerDate Aug<31>2005 17:57 Jan 05, 2007 Jkt 211001 use of veterans benefits, validating benefit eligibility and maintaining the health and well being of veterans and their family members. b. To provide identifying military personnel data to the DVA and its insurance program contractor for the purpose of notifying separating eligible Reservists of their right to apply for Veteran’s Group Life Insurance coverage under the Veterans Benefits Improvement Act of 1996 (38 U.S.C. 1968). c. To register eligible veterans and their dependents for DVA programs. d. 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. 5106). The information is to be used to process all DVA award actions more efficiently, reduce subsequent overpayment collection actions, and minimize erroneous payments. e. 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. 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 (38 U.S.C. 5304(c)). (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 1606—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. 12316) prohibits receipt of reserve pay and DVA compensation for PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 739 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 requires recoupment of severance payments before DVA disability compensation can be paid (10 U.S.C. 1174). f. To provide identifying military personnel data to the DVA for the purpose of notifying such personnel of information relating to educational assistance as required by the Veterans Programs Enhancement Act of 1998 (38 U.S.C. 3011 and 3034). 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– 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 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. (2) 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 E:\FR\FM\08JAN1.SGM 08JAN1 740 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices the Screening of the Ready Reserve of the Armed Services. c. Matching for administrative purposes to include updated employer addresses of Federal civil service employees who are reservists and demographic data on civil service employees who are reservists. 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, Federal Parent Locator Service, DHHS, pursuant to 42 U.S.C. 653 and 653a; to assist in locating individuals for the purpose of establishing parentage; establishing, setting the amount of, modifying, or enforcing child support obligations; or enforcing child custody or visitation orders; 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. jlentini on PROD1PC65 with NOTICES Note 1: Information requested by DHHS is not disclosed when it would contravene U.S. national policy or security interests (42 U.S.C. 653(e)). Note 2: Quarterly wage information is not disclosed for those individuals performing intelligence or counter intelligence functions and a determination is made that disclosure could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission (42 U.S.C. 653(n)). c. To the Health Care Financing Administration (HCFA), DHHS for the purpose of monitoring HCFA VerDate Aug<31>2005 17:57 Jan 05, 2007 Jkt 211001 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 active duty, reserve, and retired personnel or veterans, to include family members. e. To conduct computer matching programs regulated by the Privacy Act of 1974, as amended (5 U.S.C. 552a), for the purpose of determining continued eligibility and help eliminate fraud and abuse in benefit programs by identifying individuals who are receiving Federal compensation or pension payments and also are receiving payments pursuant to Federal benefit programs being administered by the States. 5. To the Social Security Administration (SSA): a. To the Office of Research and Statistics for the purpose of (1) conducting statistical analyses of impact of military service and use of GI Bill benefits on long term earnings, and (2) obtaining current earnings data on individuals who have voluntarily left military service or DOD civil employment so that analytical personnel studies regarding pay, retention and benefits may be conducted. Note 3: Earnings data obtained from the SSA and used by DOD does not contain any information that identifies the individual about whom the earnings data pertains. b. To the Bureau of Supplemental Security Income for the purpose of verifying information provided to the SSA by applicants and recipients/ beneficiaries, who are retired members of the Uniformed Services or their survivors, for Supplemental Security Income (SSI) or Special Veterans’ Benefits (SVB). By law (42 U.S.C. 1006 and 1383), the SSA is required to verify eligibility factors and other relevant information provided by the SSI or SVB applicant from independent or collateral sources and obtain additional information as necessary before making SSI or SVB determinations of eligibility, payment amounts, or adjustments thereto. c. To the Client Identification Branch for the purpose of validating the assigned Social Security Number for individuals in DOD personnel and pay files, using the SSA Enumeration Verification System (EVS). 6. To the Selective Service System (SSS) for the purpose of facilitating PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 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. 8. 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. 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. 9. To consumer reporting agencies to obtain current addresses of separated military personnel to notify them of potential benefits eligibility. 10. 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). 11. 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 active duty, reserve, and retired personnel or veterans, to include family members. 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 E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices 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. 12. To the Educational Testing Service, American College Testing, and like organizations for purposes of obtaining testing, academic, socioeconomic, and related demographic data so that analytical personnel studies of the Department of Defense civilian and military workforce can be conducted. jlentini on PROD1PC65 with NOTICES Note 4: Data obtained from such organizations and used by DOD does not contain any information that identifies the individual about whom the data pertains. 13. To Federal and State agencies for purposes of obtaining socioeconomic information on Armed Forces personnel so that analytical studies can be conducted with a view to assessing the present needs and future requirements of such personnel. 14. To Federal and state agencies for purposes of validating demographic data (e.g., Social Security Number, citizenship status, date and place of birth, etc.) for individuals in DOD personnel and pay files so that accurate information is available in support of DOD requirements. 15. To the Bureau of Citizenship and Immigration Services, Department of Homeland Security, for purposes of facilitating the verification of individuals who may be eligible for expedited naturalization (Pub. L. 108– 136, Section 1701, and E.O. 13269, Expedited Naturalization). 16. To Federal and State agencies, as well as their contractors and grantees, for purposes of providing military wage, training, and educational information so that Federal-reporting requirements, as VerDate Aug<31>2005 17:57 Jan 05, 2007 Jkt 211001 mandated by statute, such as the Workforce Investment Act (29 U.S.C. 2801, et seq.) and the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301, et seq.) can be satisfied. The DOD ‘Blanket Routine Uses’ set forth at the beginning of the DLA compilation of record system notices apply to this record system. Note 5: Military drug test information involving individuals participating in a drug abuse rehabilitation program shall be confidential and be disclosed only for the purposes and under the circumstances expressly authorized in 42 U.S.C. 290dd–2. This statute takes precedence over the Privacy Act of 1974, in regard to accessibility of such records except to the individual to whom the record pertains. The DOD ‘Blanket Routine Uses’ do not apply to these types records. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Electronic storage media. RETRIEVABILITY: Retrieved by name, Social Security Number, occupation, or any other data element contained in system. SAFEGUARDS: Access to personal information is restricted to those who require the records in the performance of their official duties. Access to personal information is further restricted by the use of Common Access Cards (CAC). Physical entry is restricted by the use of locks, guards, and administrative procedures. All individuals granted access to this system of records are to have taken Information Assurance and Privacy Act training; all have been through the vetting process and have ADP ratings. RETENTION AND DISPOSAL: The records are used to provide a centralized system within the Department of Defense to assess manpower trends, support personnel functions, perform longitudinal statistical analyses, conduct scientific studies or medical follow-up programs and other related studies/analyses. Records are retained as follows: (1) Input/source records are deleted or destroyed after data have been entered into the master file or when no longer needed for operational purposes, whichever is later. Exception: Apply NARA-approved disposition instructions to the data files residing in other DMDC data bases. (2) The Master File is retained permanently. At the end of the fiscal Frm 00014 year, a snapshot is taken and transferred to the National Archives in accordance with 36 CFR part 1228.270 and 36 CFR part 1234. (3) Output records (electronic or paper summary reports) are deleted or destroyed when no longer needed for operational purposes. Note: This disposition instruction applies only to recordkeeping copies of the reports retained by DMDC. The DOD office requiring creation of the report should maintain its recordkeeping copy in accordance with NARA approved disposition instructions for such reports. (4) System documentation (codebooks, record layouts, and other system documentation) are retained permanently and transferred to the National Archives along with the master file in accordance with 36 CFR part 1228.270 and 36 CFR part 1234. SYSTEM MANAGER(S) AND ADDRESS: STORAGE: PO 00000 741 Fmt 4703 Sfmt 4703 Deputy Director, Defense Manpower Data Center, DOD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955– 6771. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060–6221. Written requests should contain the full name, Social Security Number, date of birth, and current address and telephone number of the individual. RECORD ACCESS PROCEDURES: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060– 6221. Written requests should contain the full name, Social Security Number, date of birth, and current address and telephone number of the individual. CONTESTING RECORD PROCEDURES: The DLA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060–6221. E:\FR\FM\08JAN1.SGM 08JAN1 742 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices RECORD SOURCE CATEGORIES: Record sources are individuals via survey questionnaires, the military services, the Department of Veteran Affairs, the U. S. Coast Guard, the National Oceanic and Atmospheric Administration, the Public Health Service, the Office of Personnel Management, Environmental Protection Agency, Department of Health and Human Services, Department of Energy, Executive Office of the President, and the Selective Service System. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E7–11 Filed 1–5–07; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Department of the Army [USA–006–0042] Privacy Act of 1974; System of Records Department of the Army, DoD. Notice to alter a system of AGENCY: ACTION: records. SUMMARY: The Department of the Army proposes to alter a system of records notice in its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on February 7, 2007 unless comments are received which result in a contrary determination. Send comments to Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, ATTN: AHRC– PDD–FPZ, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325–3905. FOR FURTHER INFORMATION CONTACT: Mr. Robert Dickerson at (703) 428–6513. SUPPLEMENTARY INFORMATION: The notice was published on October 25, 2005 at 70 FR 61607. There were numerous comments, but many were virtually identical in format and content. We agree, in part, with some of the comments, and where so, we have made changes to the system notice. The commenter’s observe that the system violates victims’ (and offender’s) privacy rights. We disagree. The inclusion of personal information in the SADMS does not violate law or contravene public policy. The personal identifying information (PII) that will be incorporated into the Sexual Assault jlentini on PROD1PC65 with NOTICES ADDRESSES: VerDate Aug<31>2005 17:57 Jan 05, 2007 Jkt 211001 Data Management System (SADMS) already exists in other Army information systems that are identified in the system notice. SADMS simply consolidates data for the purposes set forth in the notice. The commenter’s remark that use of PII would deter victims from reporting sexual assaults. We disagree. The Army Sexual Assault Prevention and Response (SAPR) Program is designed to foster the confidence of Soldiers and increase their likelihood of reporting. It is widely recognized that sexual assault is the most underreported crime in the United States. SADMS, as a consolidation of data reported and captured in other Army information systems, will enable Army SAPR Program officials to assess the effectiveness of the Army’s response and prevention program and to make necessary and appropriate changes to policy and procedure to correct any identified weaknesses or failings in the program. Incident to analyzing the data in the system, great care is taken, both technically and procedurally, to ensure that the privacy and confidentiality of victim data is preserved and protected. Fewer than ten individuals in or supporting the Headquarters Department of the Army (HQDA) SAPR Program Office will be authorized direct system access to PII contained in the SADMS, but only on an as needed basis for purposes of discharging their SAPR Program management responsibilities. Additionally, the Assistant Deputy Chief of Staff, G–1 (Personnel) must explicitly approve such access prior to personnel being granted system privileges (or permissions), to access PII within the SADMS. No other Department of the Army personnel will be authorized direct access to PII in SADMS. Victims can be assured that their PII is not disseminated throughout the Army, but is only disclosed in accordance with authorized program management purposes. The commenter’s observe that personally identifying information should not be included in the system. We disagree. As indicated above, SADMS is a consolidation of sexual assault incident and response data previously reported and captured in other Army information systems. It is designed to provide Army SAPR program leaders a holistic view of these incidents, to measure the effectiveness of the Army’s SAPR Program, to support the management of the program as recommended by the Acting Secretary of the Army’s Task Force Report on Sexual Assault Policies published in May 2004, and to respond to queries by Congress and/or Senior Army Leaders. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 To ensure it fulfills these purposes, it is critically important that data contained in the system be accurate. Analysis of sexual assault incident and response data across all the SADMS feeder systems identified in the systems notice demonstrates that the most effective way to accurately synthesize these separate information systems is to correlate data by common data fields— the personal identifying information. Inclusion of this information is the most efficient means of assuring that accurate information is received and correlated from these feeder systems. The commenter’s question the rationale for developing a separate data management system in addition to the Defense Incident-Based Reporting System (DIBRS). The Army elected to develop and implement the SADMS because the Defense Incident Based Reporting System (DIBRS) did not provide the information necessary to manage and measure the effectiveness of the different components of the Army’s SAPR Program. DIBRS, while containing incident, investigative and offender accountability information, does not address support services being made available to and/or received by victims. The Acting Secretary of the Army’s Task Force Report on Sexual Assault Policies found that the Army lacked a centralized system to document all relevant data regarding sexual assault cases, including care provided to the victim. The Task Force recognized that critical information is not available at a single location, information that could provide greater understanding about how well the Army’s sexual assault prevention and response policies and procedures are working. At the time when the report was issued, all available Army data on sexual assaults, victims, and alleged perpetrators resided in different systems across several Army organizations. This decentralization made it difficult to follow victims, alleged perpetrators, and cases between services, components, and organizations. SADMS is designed to specifically address this shortcoming and to provide Army SAPR Program leaders the capability to manage and measure the effectiveness of the Army’s SAPR Program. The commenters point out that it is unclear who will have access to the SADMS. As indicated above, the SADMS will only operate in support of HQDA (Army G–1) Sexual Assault Prevention and Response (SAPR) Program requirements. As discussed above, fewer than ten individuals in or supporting the HQDA SAPR Program Office will be authorized direct system access to personal identifying E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 72, Number 4 (Monday, January 8, 2007)]
[Notices]
[Pages 737-742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11]


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

DEPARTMENT OF DEFENSE

Secretary of Defense

 [DOD-2006-OS-0227]


Privacy Act of 1974; Systems of Records

AGENCY: Defense Logistics Agency.

ACTION: Notice to alter a system of records.

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

SUMMARY: The Defense Logistics Agency proposes to alter a system of 
records notice in its existing inventory of records systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
February 7, 2007 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 
2533, Fort Belvoir, VA 22060-6221.

FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency systems of 
records notices 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.
    The proposed system reports, as required by 5 U.S.C. 552a(r), of 
the Privacy Act of 1974, as amended, were submitted on December 28, 
2006, to the House Committee on Government Reform, the Senate Committee 
on Homeland Security and Governmental Affairs, 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 February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: December 29, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.10 DMDC

System name:
    Defense Manpower Data Center Data Base (June 8, 2004, 70 FR 31974).

Changes:
* * * * *

System location:
    Delete second paragraph.
* * * * *

Categories of individuals covered by the system:
    Delete from entry ``Individuals who responded to various paid 
advertising campaigns seeking enlistment information since July 1, 
1973,'' ``Individuals responding to recruiting advertisements since 
January 1987,'' and ``All Federal (non-postal) civilian employees 
and.''

Categories of records in the system:
    Add two new paragraphs to the entry: ``Index fingerprints of 
Military Entrance Processing Command (MEPCOM) applicants'' and 
``Privacy Act audit logs.''
* * * * *

Purpose(s):
    Last paraphrase in the first paragraph should be a new paragraph.
    In the newly renumbered third paragraph replace ``the histories of 
human chemical or biological testing or exposure; to conduct scientific 
studies or medical follow up programs'' with ``studies and policy as 
related to the health and well-being of current and past military and 
DOD affiliated personnel;''
    Delete the former third paragraph in its entirety.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add a new paragraph 1.d. as follows: ``d. 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. 5106). The information is 
to be used to process all DVA award actions more efficiently, reduce 
subsequent overpayment collection actions, and minimize erroneous 
payments.'' Renumber/reletter paragraphs accordingly.
    In the newly renumbered paragraph 1.e. delete paragraph (5) in its 
entirety.
    Delete former paragraphs 2.b.(1) and (2) in their entirety, 
renumbering paragraphs accordingly.
    Add a new paragraph 2.c. as follows: ``Matching for administrative 
purposes to include updated employer addresses of Federal civil service 
employees who are reservists and demographic data on civil service 
employees who are reservists.''
    Add a new paragraph 4.e. as follows: ``To conduct computer matching 
programs regulated by the Privacy Act of 1974, as amended (5 U.S.C. 
552a) for the purpose of determining continued eligibility and help 
eliminate fraud and abuse in benefit programs by identifying 
individuals who are receiving Federal compensation or pension payments 
and also are receiving payments pursuant to Federal benefit programs 
being administered by the States.''
    Delete former paragraphs 7, 9, 10, 12, 14, 15, 16, 18, and 19. 
Renumber paragraphs accordingly.
* * * * *

Safeguards:
    Delete entry and replace with ``Access to personal information is 
restricted to those who require the records in the performance of their 
official duties. Access to personal information is further restricted 
by the use of Common Access Cards (CAC). Physical entry is restricted 
by the use of locks, guards, and administrative procedures. All 
individuals granted access to this system of records are to have taken 
Information Assurance and Privacy Act training; all have been through 
the vetting process and have ADP ratings.''
* * * * *

Record source categories:
    Delete entry and replace with ``Record sources are individuals via 
survey questionnaires, the military services, the Department of Veteran 
Affairs, the U. S. Coast Guard, the National Oceanic and Atmospheric 
Administration, the Public Health Service, the Office of Personnel 
Management, Environmental Protection Agency, Department of Health and 
Human Services, Department of Energy, Executive Office of the 
President, and the Selective Service System.''
* * * * *
S322.10 DMDC

System name:
    Defense Manpower Data Center Data Base.

[[Page 738]]

System location:
    Naval Postgraduate School Computer Center, Naval Postgraduate 
School, Monterey, CA 93943-5000.

Categories of individuals covered by the system:
    All Army, Navy, Air Force and Marine Corps officer 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 
Army, Navy, Air Force, and Marine Corps officer and enlisted personnel; 
active and retired Coast Guard personnel; active and retired members of 
the commissioned corps of the National Oceanic and Atmospheric 
Administration; active and retired members of the commissioned corps of 
the Public Health Service; 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.
    Current and former 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.
    Participants in the Department of Health and Human Services 
National Longitudinal Survey.
    Survivors of retired military personnel who are eligible for or 
currently receiving disability payments or disability income 
compensation from the Department of Veterans Affairs; surviving spouses 
of active or retired deceased military personnel; 100% disabled 
veterans and their survivors; survivors of retired Coast Guard 
personnel; and survivors of retired officers of the National Oceanic 
and Atmospheric Administration and the Public Health Service who are 
eligible for or are currently receiving Federal payments due to the 
death of the retiree.
    Individuals receiving disability compensation from the Department 
of Veterans Affairs or who are covered by a Department of Veterans 
Affairs insurance or benefit program; dependents of active and retired 
members of the Uniformed Services, 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 Federal civilian retirees.
    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.
    Individuals who are authorized web access to DMDC computer systems 
and databases.

Categories of records in the system:
    Computerized personnel/employment/pay records consisting of name, 
Service Number, Selective Service Number, Social Security Number, 
citizenship data, compensation data, demographic information such as 
home town, age, sex, race, and educational level; civilian occupational 
information; performance ratings of DOD civilian employees and military 
members; reasons given for leaving military service or DOD civilian 
service; civilian and military acquisition work force warrant location, 
training and job specialty information; military personnel information 
such as rank, assignment/deployment, length of service, military 
occupation, aptitude scores, post service education, training, and 
employment information for veterans; participation in various in-
service education and training programs; date of award of certification 
of military experience and training; military hospitalization and 
medical treatment, immunization, and pharmaceutical dosage 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 identification number of providers or 
potential providers of care.
    Selective Service System registration data.
    Index fingerprints of Military Entrance Processing Command (MEPCOM) 
applicants.
    Privacy Act audit logs.
    Department of Veterans Affairs disability payment records.
    Credit or financial data as required for security background 
investigations.
    Criminal history information on individuals who subsequently enter 
the military.
    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 Office 
of Personnel Management (OPM) OPM/CENTRAL-1, Civil Service Retirement 
and Insurance Records, including postal workers covered by Civil 
Service Retirement, 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.
    Military drug test records containing the Social Security Number, 
date of specimen collection, date test results reported, reason for 
test, test results, base/area code, unit, service, status (active/
reserve), and location code of testing laboratory.
    Names of individuals, as well as DMDC assigned identification 
numbers, and other user-identifying data, such as organization, Social 
Security Number, email address, phone number, of those having web 
access to DMDC computer systems and databases, to include dates and 
times of access.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. App. 3 (Pub. L. 
95-452, as amended (Inspector General Act of 1978)); 10 U.S.C. 136, 
Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 1562, 
Database on Domestic Violence Incidents; Pub. L. 106-265, Federal Long-
Term Care Insurance; 10 U.S.C. 2358, Research and Development Projects; 
and E.O. 9397 (SSN).

[[Page 739]]

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 and readiness 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.
    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 
studies and policy as related to the health and well-being of current 
and past military and DOD affiliated personnel; to respond to 
Congressional and Executive branch inquiries; and to provide data or 
documentation relevant to the testing or exposure of individuals.
    Military drug test records will be maintained and used to conduct 
longitudinal, statistical, and analytical studies and computing 
demographic reports on military personnel. No personal identifiers will 
be included in the demographic data reports. All requests for Service 
specific drug testing demographic data will be approved by the Service 
designated drug testing program office. All requests for DOD wide drug 
testing demographic data will be approved by the DOD Coordinator for 
Drug Enforcement Policy and Support, 1510 Defense Pentagon, Washington, 
DC 20301-1510.
    DMDC web usage data will be used to validate continued need for 
user access to DMDC computer systems and databases, to address problems 
associated with web access, and to ensure that access is only for 
official purposes.

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 Veterans 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 and their family members.
    b. To provide identifying military personnel data to the DVA and 
its insurance program contractor for the purpose of notifying 
separating eligible Reservists of their right to apply for Veteran's 
Group Life Insurance coverage under the Veterans Benefits Improvement 
Act of 1996 (38 U.S.C. 1968).
    c. To register eligible veterans and their dependents for DVA 
programs.
    d. 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. 
5106). The information is to be used to process all DVA award actions 
more efficiently, reduce subsequent overpayment collection actions, and 
minimize erroneous payments.
    e. 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. 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 (38 U.S.C. 5304(c)).
    (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 1606--
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. 12316) 
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 requires recoupment of severance payments before DVA disability 
compensation can be paid (10 U.S.C. 1174).
    f. To provide identifying military personnel data to the DVA for 
the purpose of notifying such personnel of information relating to 
educational assistance as required by the Veterans Programs Enhancement 
Act of 1998 (38 U.S.C. 3011 and 3034).
    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, 94-455 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 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.
    (2) 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

[[Page 740]]

the Screening of the Ready Reserve of the Armed Services.
    c. Matching for administrative purposes to include updated employer 
addresses of Federal civil service employees who are reservists and 
demographic data on civil service employees who are reservists.
    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, Federal Parent 
Locator Service, DHHS, pursuant to 42 U.S.C. 653 and 653a; to assist in 
locating individuals for the purpose of establishing parentage; 
establishing, setting the amount of, modifying, or enforcing child 
support obligations; or enforcing child custody or visitation orders; 
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.


    Note 1: Information requested by DHHS is not disclosed when it 
would contravene U.S. national policy or security interests (42 
U.S.C. 653(e)).


    Note 2: Quarterly wage information is not disclosed for those 
individuals performing intelligence or counter intelligence 
functions and a determination is made that disclosure could endanger 
the safety of the individual or compromise an ongoing investigation 
or intelligence mission (42 U.S.C. 653(n)).


    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 active duty, reserve, and retired 
personnel or veterans, to include family members.
    e. To conduct computer matching programs regulated by the Privacy 
Act of 1974, as amended (5 U.S.C. 552a), for the purpose of determining 
continued eligibility and help eliminate fraud and abuse in benefit 
programs by identifying individuals who are receiving Federal 
compensation or pension payments and also are receiving payments 
pursuant to Federal benefit programs being administered by the States.
    5. To the Social Security Administration (SSA):
    a. To the Office of Research and Statistics for the purpose of (1) 
conducting statistical analyses of impact of military service and use 
of GI Bill benefits on long term earnings, and (2) obtaining current 
earnings data on individuals who have voluntarily left military service 
or DOD civil employment so that analytical personnel studies regarding 
pay, retention and benefits may be conducted.


    Note 3: Earnings data obtained from the SSA and used by DOD does 
not contain any information that identifies the individual about 
whom the earnings data pertains.


    b. To the Bureau of Supplemental Security Income for the purpose of 
verifying information provided to the SSA by applicants and recipients/
beneficiaries, who are retired members of the Uniformed Services or 
their survivors, for Supplemental Security Income (SSI) or Special 
Veterans' Benefits (SVB). By law (42 U.S.C. 1006 and 1383), the SSA is 
required to verify eligibility factors and other relevant information 
provided by the SSI or SVB applicant from independent or collateral 
sources and obtain additional information as necessary before making 
SSI or SVB determinations of eligibility, payment amounts, or 
adjustments thereto.
    c. To the Client Identification Branch for the purpose of 
validating the assigned Social Security Number for individuals in DOD 
personnel and pay files, using the SSA Enumeration Verification System 
(EVS).
    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 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.
    8. 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. 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.
    9. To consumer reporting agencies to obtain current addresses of 
separated military personnel to notify them of potential benefits 
eligibility.
    10. 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).
    11. 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 
active duty, reserve, and retired personnel or veterans, to include 
family members. 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

[[Page 741]]

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.
    12. To the Educational Testing Service, American College Testing, 
and like organizations for purposes of obtaining testing, academic, 
socioeconomic, and related demographic data so that analytical 
personnel studies of the Department of Defense civilian and military 
workforce can be conducted.


    Note 4: Data obtained from such organizations and used by DOD 
does not contain any information that identifies the individual 
about whom the data pertains.


    13. To Federal and State agencies for purposes of obtaining 
socioeconomic information on Armed Forces personnel so that analytical 
studies can be conducted with a view to assessing the present needs and 
future requirements of such personnel.
    14. To Federal and state agencies for purposes of validating 
demographic data (e.g., Social Security Number, citizenship status, 
date and place of birth, etc.) for individuals in DOD personnel and pay 
files so that accurate information is available in support of DOD 
requirements.
    15. To the Bureau of Citizenship and Immigration Services, 
Department of Homeland Security, for purposes of facilitating the 
verification of individuals who may be eligible for expedited 
naturalization (Pub. L. 108-136, Section 1701, and E.O. 13269, 
Expedited Naturalization).
    16. To Federal and State agencies, as well as their contractors and 
grantees, for purposes of providing military wage, training, and 
educational information so that Federal-reporting requirements, as 
mandated by statute, such as the Workforce Investment Act (29 U.S.C. 
2801, et seq.) and the Carl D. Perkins Vocational and Applied 
Technology Act (20 U.S.C. 2301, et seq.) can be satisfied.
    The DOD `Blanket Routine Uses' set forth at the beginning of the 
DLA compilation of record system notices apply to this record system.


    Note 5: Military drug test information involving individuals 
participating in a drug abuse rehabilitation program shall be 
confidential and be disclosed only for the purposes and under the 
circumstances expressly authorized in 42 U.S.C. 290dd-2. This 
statute takes precedence over the Privacy Act of 1974, in regard to 
accessibility of such records except to the individual to whom the 
record pertains. The DOD `Blanket Routine Uses' do not apply to 
these types records.


    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:

Storage:
    Electronic storage media.

Retrievability:
    Retrieved by name, Social Security Number, occupation, or any other 
data element contained in system.

Safeguards:
    Access to personal information is restricted to those who require 
the records in the performance of their official duties. Access to 
personal information is further restricted by the use of Common Access 
Cards (CAC). Physical entry is restricted by the use of locks, guards, 
and administrative procedures. All individuals granted access to this 
system of records are to have taken Information Assurance and Privacy 
Act training; all have been through the vetting process and have ADP 
ratings.

Retention and disposal:
    The records are used to provide a centralized system within the 
Department of Defense to assess manpower trends, support personnel 
functions, perform longitudinal statistical analyses, conduct 
scientific studies or medical follow-up programs and other related 
studies/analyses. Records are retained as follows:
    (1) Input/source records are deleted or destroyed after data have 
been entered into the master file or when no longer needed for 
operational purposes, whichever is later. Exception: Apply NARA-
approved disposition instructions to the data files residing in other 
DMDC data bases.
    (2) The Master File is retained permanently. At the end of the 
fiscal year, a snapshot is taken and transferred to the National 
Archives in accordance with 36 CFR part 1228.270 and 36 CFR part 1234.
    (3) Output records (electronic or paper summary reports) are 
deleted or destroyed when no longer needed for operational purposes. 
Note: This disposition instruction applies only to recordkeeping copies 
of the reports retained by DMDC. The DOD office requiring creation of 
the report should maintain its recordkeeping copy in accordance with 
NARA approved disposition instructions for such reports.
    (4) System documentation (codebooks, record layouts, and other 
system documentation) are retained permanently and transferred to the 
National Archives along with the master file in accordance with 36 CFR 
part 1228.270 and 36 CFR part 1234.

System manager(s) and address:
    Deputy Director, Defense Manpower Data Center, DOD Center Monterey 
Bay, 400 Gigling Road, Seaside, CA 93955-6771.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Privacy Act Officer, Headquarters, Defense Logistics Agency, 
ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-
6221.
    Written requests should contain the full name, Social Security 
Number, date of birth, and current address and telephone number of the 
individual.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 
8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221.
    Written requests should contain the full name, Social Security 
Number, date of birth, and current address and telephone number of the 
individual.

Contesting record procedures:
    The DLA rules for accessing records, for contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
323, or may be obtained from the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 
2533, Fort Belvoir, VA 22060-6221.

[[Page 742]]

Record source categories:
    Record sources are individuals via survey questionnaires, the 
military services, the Department of Veteran Affairs, the U. S. Coast 
Guard, the National Oceanic and Atmospheric Administration, the Public 
Health Service, the Office of Personnel Management, Environmental 
Protection Agency, Department of Health and Human Services, Department 
of Energy, Executive Office of the President, and the Selective Service 
System.

Exemptions claimed for the system:
    None.

 [FR Doc. E7-11 Filed 1-5-07; 8:45 am]
BILLING CODE 5001-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.