Privacy Act of 1974; System of Records, 39666-39673 [E9-18897]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39666-39673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18897]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2009-OS-0114]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to Alter a System of Records.

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SUMMARY: The Office of the Secretary of Defense is proposing to alter a 
systems of records notice in its existing inventory of record 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 
September 8, 2009 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Freedom of 
Information Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Cindy Allard at (703) 588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on July 17, 2009, to the 
House Committee on Oversight and 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: July 21, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
DMDC 01

SYSTEM NAME:
    Defense Manpower Data Center Data Base. (January 31, 2008, 73 FR 
5820).

CHANGES:
* * * * *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with: ``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; 20 U.S.C. 1070a(f)(4), Higher Education Opportunity Act; 
Public Law 106-265, Federal Long-Term Care Insurance; 10 U.S.C. 2358, 
Research and Development Projects; and E.O. 9397 (SSN), as amended.''
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Delete entry and replace with: ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records may specifically be disclosed outside the DoD as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To the Department of Veteran Affairs (DVA):
    a. To provide military personnel and pay data for present and 
former military personnel for the purpose of evaluating use of veterans 
benefits, validating

[[Page 39667]]

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 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

[[Page 39668]]

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).
    d. To the Office of Disability and Insurance Security Programs, for 
the purpose of expediting disability processing of wounded military 
service members and veterans.
    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 
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).

[[Page 39669]]

    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.
    17. To Federal Agencies, including the Department of Education, to 
conduct computer matching programs regulated by the Privacy Act of 
1974, as amended (5 U.S.C. 552a), for the purpose of identifying 
dependent children of those military members killed in Operation Iraq 
Freedom and Operation Enduring Freedom (OIF/OEF) Afghanistan Only for 
possible benefits.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
OSD compilation of systems of records notices apply to this 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.

* * * * *

RECORD ACCESS PROCEDURES:
    Delete entry and replace with: ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Office of the Secretary of Defense/Joint Staff 
Freedom of Information Act Requester Service Center, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    Written requests should contain the name and number of this system 
of records notice along with the full name, Social Security Number 
(SSN), date of birth, current address, telephone number of the 
individual, and be signed.''

CONTESTING RECORD PROCEDURES:
    Delete entry and replace with: ``The Office of the Secretary of 
Defense rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in Office of the 
Secretary of Defense Administrative Instruction 81; 32 CFR part 311; or 
may be obtained from the system manager.''
* * * * *
DMDC 01

SYSTEM NAME:
    Defense Manpower Data Center Data Base.

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 (SSN), 
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

[[Page 39670]]

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 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.
    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 (SSN), 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 (SSN), name, and work address.
    Military drug test records containing the Social Security Number 
(SSN), 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 (SSN), e-mail 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; 20 U.S.C. 1070(f)(4), Higher 
Education Opportunity Act; Pub. L. 106-265, Federal Long-Term Care 
Insurance; 10 U.S.C. 2358, Research and Development Projects; and E.O. 
9397 (SSN), as amended.

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 of 1974, these records may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    1. To the Department of Veteran Affairs (DVA):
    a. To provide military personnel and pay data for present and 
former military personnel for the purpose of evaluating use of veterans 
benefits, validating benefit eligibility and maintaining the health and 
well being of veterans 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

[[Page 39671]]

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 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

[[Page 39672]]

assigned Social Security Number for individuals in DoD personnel and 
pay files, using the SSA Enumeration Verification System (EVS).
    d. To the Office of Disability and Insurance Security Programs, for 
the purpose of expediting disability processing of wounded military 
service members and veterans.
    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 
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.
    17. To Federal Agencies, including the Department of Education, to 
conduct computer matching programs regulated by the Privacy Act of 
1974, as amended (5 U.S.C. 552a), for the purpose of identifying 
dependent children of those military members killed in Operation Iraqi 
Freedom and Operation Enduring Freedom (OIF/OEF) Afghanistan Only for 
possible benefits.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
OSD compilation of systems of records notices apply to this 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 (SSN), 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

[[Page 39673]]

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, and 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) Outputs records (electronic or paper summary reports) are 
deleted or destroyed when no longer needed for operational purposes. 
Note: This disposition instruction applies only to record keeping 
copies of the reports retained by DMDC. The DoD office requiring 
creation of the report should maintain its record keeping 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, Office of Freedom of Information, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, 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 Office 
of the Secretary of Defense/Joint Staff Freedom of Information Act 
Requester Service Center, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Written requests should contain the name and number of this system 
of records notice along with the full name, Social Security Number 
(SSN), date of birth, current address, and telephone number of the 
individual and be signed.

CONTESTING RECORD PROCEDURES:
    The Office of the Secretary of Defense rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
published in Office of the Secretary of Defense Administrative 
Instruction 81; 32 CFR part 311; or may be obtained from the system 
manager.

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. E9-18897 Filed 8-6-09; 8:45 am]
BILLING CODE 5001-06-P