[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72391-72399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30236]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD-2011-OS-0130]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Department of Defense (DoD).
ACTION: Notice to Alter a System of Records.
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SUMMARY: The Office of the Secretary of Defense proposes to alter a
system of records in its inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: This proposed action would be effective without further notice
on December 23, 2011 unless comments are received which result in a
contrary determination.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Federal Docket Management System Office, 4800 Mark Center
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard, Chief, OSD/JS
Privacy Office, Freedom of Information Directorate, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155, or by phone at (571) 372-0461.
SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
notices for systems of records subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been published in the Federal Register
and are available from the address in FOR FURTHER INFORMATION CONTACT.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on November 17, 2011, to
the House Committee on Oversight and Government Reform, the Senate
Committee on Governmental Affairs, and the Office of Management and
[[Page 72392]]
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: November 17, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 01
SYSTEM NAME:
Defense Manpower Data Center Data Base (August 7, 2009, 74 FR
39666).
Changes:
* * * * *
Categories of individuals covered by the system:
Delete entry and replace with ``All Army, Navy, Air Force, Marine
Corps, and Coast Guard 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 (hereafter the ``Armed Forces'');
retired Armed Forces personnel; active and retired members of the
commissioned corps of the National Oceanic and Atmospheric
Administration (NOAA) and the Public Health Service (PHS) (with Armed
Forces above, hereafter referred to as the ``Uniformed Services''). 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.
Veterans who used the Veterans Education Assistance Program (VEAP) from
January 1977 through June 1985.
Participants in the Department of Health and Human Services
National Longitudinal Survey.
Survivors of retired Armed Forces 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 Armed Forces personnel; 100% disabled
veterans and their survivors; and survivors of retired officers of NOAA
and PHS 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.
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:
Delete entry and replace with ``Computerized personnel/employment/
pay records consisting of name, Service Number, Selective Service
Number, Social Security Number (SSN), DoD Identification 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.
Primary and secondary fingerprints of Military Entrance Processing
Command (MEPCOM) applicants.
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.
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), 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:
Delete entry and replace with ``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.''
* * * * *
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 Veterans Affairs (DVA):
a. To provide Uniformed Service personnel and pay data for present
and former Uniformed Service 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 Armed Service personnel data to the DVA
and
[[Page 72393]]
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 Uniformed Service 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 Uniformed Service
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 identification of reserve duty, including full time
support National Guard/Reserve Armed Forces 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.
f. To provide identifying Uniformed Service 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 civil service and Reserve 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 Forces.
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 Armed Forces
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 civilian employees and Armed
Forces members who may be improperly receiving funds under the
Temporary Assistance for Needy Families (TANF).
a. 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 (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 Centers 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 Uniformed Services 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 Public Assistance
Reporting Information System (PARIS) 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.
(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.
[[Page 72394]]
To conduct computer matching programs regulated by the Privacy Act of
1974, as amended (5 U.S.C. 552a) 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 members of the Uniformed Services by the states. To the
Department of Labor to survey Armed Forces 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 Armed Forces service credit for their employees or for job
applicants. 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 state and local law enforcement investigative agencies to
obtain military history information for the purpose of ongoing
investigations.
10. 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
Uniformed Service 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.
11. 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.
12. 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 Uniformed Service
personnel and pay files so that accurate information is available in
support of Uniformed Service requirements.
13. 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).
14. 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.
15. 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 Armed Forces 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
Office of the Secretary of Defense (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 of records.''
* * * * *
Notification procedures:
Delete entry and replace with ``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.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
following format:
If executed within the United States, its territories, possessions,
or
[[Page 72395]]
commonwealths: `I declare (or certify, verify, or state) under penalty
of perjury that the foregoing is true and correct. Executed on (date).
(Signature).'
If executed outside the United States: `I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.''
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, and telephone number of the
individual and be signed.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
following format:
If executed within the United States, its territories, possessions,
or commonwealths: `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).'
If executed outside the United States: `I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.''
* * * * *
Record source categories:
Delete entry and replace with ``Record sources are individuals via
survey questionnaires, the Uniformed Services, the Department of
Veterans Affairs, 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.''
* * * * *
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, Marine Corps, and Coast Guard 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
(hereafter the ``Armed Forces''); retired Armed Forces personnel;
active and retired members of the commissioned corps of the National
Oceanic and Atmospheric Administration (NOAA) and the Public Health
Service (PHS) (with Armed Forces above, hereafter referred to as the
``Uniformed Services''). 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.
Veterans who used the Veterans Education Assistance Program (VEAP) from
January 1977 through June 1985.
Participants in the Department of Health and Human Services
National Longitudinal Survey.
Survivors of retired Armed Forces 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 Armed Forces personnel; 100% disabled
veterans and their survivors; and survivors of retired officers of NOAA
and PHS 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.
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),
DoD Identification 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.
Primary and secondary fingerprints of Military Entrance Processing
Command (MEPCOM) applicants.
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.
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
[[Page 72396]]
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), 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. 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
Armed Forces personnel for purposes of detecting fraud and abuse of pay
and benefit programs, to register current and former DoD civilian and
Armed Forces 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 Armed Forces 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.
Armed Forces drug test records will be maintained and used to
conduct longitudinal, statistical, and analytical studies and computing
demographic reports. 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 Veterans Affairs (DVA):
a. To provide Uniformed Service personnel and pay data for present
and former Uniformed Service 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 Armed Service 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 Uniformed Service 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 Uniformed Service
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 identification of reserve duty, including full time
support National Guard/Reserve Armed Forces 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.
f. To provide identifying Uniformed Service 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 civil service and Reserve 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 Forces.
[[Page 72397]]
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 Armed Forces
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 civilian employees and Armed
Forces members who may be improperly receiving funds under the
Temporary Assistance for Needy Families (TANF).
a. 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 (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 Centers 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 Uniformed Services 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 Public Assistance
Reporting Information System (PARIS) 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.
(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 conduct computer matching programs regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a) 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 members of the Uniformed Services by the states. To the
Department of Labor to survey Armed Forces 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 Armed Forces service credit for their employees or for job
applicants. 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 state and local law enforcement investigative agencies to
obtain military history information for the purpose of ongoing
investigations.
10. 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
Uniformed Service 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
[[Page 72398]]
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.
11. 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.
12. 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 Uniformed Service
personnel and pay files so that accurate information is available in
support of Uniformed Service requirements.
13. 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).
14. 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.
15. 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 Armed Forces 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
Office of the Secretary of Defense (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 of 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), DoD ID number,
occupation, or any other data element contained in the 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, 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 procedures:
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.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
following format:
If executed within the United States, its territories, possessions,
or commonwealths: `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).'
If executed outside the United States: `I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.
Record access procedures:
Individuals seeking access to information about themselves
contained
[[Page 72399]]
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.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
following format:
If executed within the United States, its territories, possessions,
or commonwealths: `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).'
If executed outside the United States: `I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.
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
Uniformed Services, the Department of Veterans Affairs, 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. 2011-30236 Filed 11-22-11; 8:45 am]
BILLING CODE 5001-06-P