[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Pages 26081-26083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10597]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Systems of Records

AGENCY: Defense Logistics Agency.

ACTION: Notice to alter a system of records.

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SUMMARY: The Defense Logistics Agency proposes to alter a system of 
records notice in its inventory of record systems subject to the 
Privacy act of 1974 (5 U.S.C. 552a), as amended.
    The alteration to S322.50 DMDC adds a routine use to permit the 
release of records to the Department of Health and Human Services for 
purposes of providing information so that specified Medicare 
determinations, specifically late enrollment and waiver of penalty, can 
be made for eligible (1) DoD military retirees and (2) spouses (or 
former spouses) and/or dependents or either military retirees or active 
duty military personnel, pursuant to section 625 of the Medicare 
Prescription Drug, improvement, and Modernization Act of 2002 (as 
codified at 42 U.S.C. 1395p and 1395r).

DATES: This action will be effective without further notice on June 10, 
2004, unless comments are received that would result in a contrary 
determination.

ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DSS-B, 8725 John J. Kingman Road, Stop 
6220, Fort Belvoir, VA 22060-6221.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency 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 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 May 3, 2004, to the 
House Committee on Government Reform, the Senate Committee on 
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: May 5, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.50 DMDC

System name:
    Defense Eligibility Records (March 24, 2004, 69 FR 13822).

[[Page 26082]]

Changes:
* * * * *

System location:
    Delete Biometrics Fusion Center from entry.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add a new paragraph `To the Department of Health and Human Services 
for purposes of providing information so that specified Medicare 
determinations, specifically late enrollment and waiver of penalty, can 
be made for eligible (1) DoD military retirees and (2) spouses (or 
former spouses) and/or dependents of either military retirees or active 
duty military personnel, pursuant to section 625 of the Medicare 
Prescription Drug, Improvement, and Modernization At of 2002 (as 
codified at 42 U.S.C. 1395p and 1395r).'
* * * * *
S322.50 DMDC

System name:
    Defense Eligibility Records.

System location:
    Primary location: Naval Postgraduate School Computer Center, Naval 
Postgraduate School, Monterey, CA 93943-5000.
    Back-up location: Defense Manpower Data Center, DoD Center Monterey 
Bay, 400 Gigling Road, Seaside, CA 93955-6771.

Category of individuals covered by the system:
    Active duty Armed Forces and reserve personnel and their family 
members; retired Armed Forces personnel and their family members; 100 
percent disabled veterans and their dependents or survivors; surviving 
family members or deceased active duty or retired personnel; active 
duty and retired Coast Guard personnel and their family members; active 
duty and retired Public Health Service personnel (Commissioned Corps) 
and their family members; active duty and retired National Oceanic and 
Atmospheric Administration employees (Commissioned Corps) and their 
family members; and State Department employees employed in a foreign 
country and their family members; civilian employees of the Department 
of Defense; contractors; and any other individuals entitled to care 
under the health care program or to other DoD benefits and privileges; 
providers and potential providers of health care; and any individual 
who submits a health care claim.

Categories of records in the system:
    Computer files containing beneficiary's name, Service or Social 
Security Number, enrollment number, relationship of beneficiary to 
sponsor, residence address of beneficiary or sponsor, date of birth of 
beneficiary, sex of beneficiary, branch of Service of sponsor, dates of 
beginning and ending eligibility, number of family members of sponsor, 
primary unit duty location of sponsor, race and ethnic origin of 
beneficiary, occupation of sponsor, rank/pay grade of sponsor, 
disability documentation, Medicare eligibility and enrollment data, 
index fingerprints and photographs of beneficiaries, blood test result, 
dental care eligibility codes and dental x rays.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. Chapters 53, 54, 
55, 58, and 75; 10 U.S.C. 136; 31 U.S.C. 3512(c); 50 U.S.C. Chapter 23 
(Internal Security); DoD Directive 1341.1, Defense Enrollment/
Eligibility Reporting System; DoD Instruction 1341.2, DEERS Procedures; 
and E.O. 9397 (SSN).

Purpose(s):
    The purpose of the system is to provide a database for determining 
eligibility to DoD entitlements and privileges; to support DoD health 
care management programs; to provide identificaiton of deceased 
members; to record the issuance of DoD badges and identification cards; 
and to detect fraud and abuse of the benefit programs by claimants and 
providers to include appropriate collection actions arising out of any 
debts incurred as a consequence of such programs.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the Department of Health and Human Services; Department of 
Veterans Affairs; Department of Commerce; Department of Transportation 
for the conduct of health care studies, for the planning and allocation 
of medical facilities and providers, for support of the DEERS 
enrollment process, and to identify individuals not entitled to health 
care. The data provided includes Social Security Number, name, age, 
sex, residence and demographic parameters of each Department's 
enrollees and family members.
    To the Social Security Administration (SSA) to perform computer 
data matching against the SSA Wage and Earnings Record file for the 
purpose of identifying employers of Department of Defense (DoD) 
beneficiaries eligible for health care. This employer data will in turn 
be used to identify those employed beneficiaries who have employment-
related group health insurance, to coordinate insurance benefits 
provided by DoD with those provided by the other insurance. This 
information will also be used to perform computer data matching against 
the SSA Master Beneficiary Record file for the purpose of identifying 
DoD beneficiaries eligible for health care who are enrolled in the 
Medicare Program, to coordinate insurance benefits provided by DoD with 
those provided by Medicare.
    To other Federal agencies and state, local and territorial 
governments to identify fraud and abuse of the Federal agency's 
programs and to identify debtors and collect debts and overpayment in 
the DoD health care programs.
    To each of the fifty states and the District of Columbia for the 
purpose of conducting an ongoing computer matching program with state 
Medicaid agencies to determine the extent to which state Medicaid 
beneficiaries may be eligible for Uniformed Services health care 
benefits, including CHAMPUS, TRICARE, and to recover Medicaid monies 
from the CHAMPUS program.
    To provide dental care providers assurance of treatment 
eligibility.
    To Federal agencies and/or their contractors, in response to their 
requests, for purposes of authenticating the identity of individuals 
who, incident to the conduct of official DoD business, present the 
Common Access Card or similar identification as proof of identity to 
gain physical or logical access to government and contractor 
facilities, locations, networks, or systems.
    To State and local child support enforcement agencies for purposes 
of providing information, consistent with the requirements of 29 U.S.C. 
1169(a), 42 U.S.C. 666(a)(19), and E.O. 12953 and in response to a 
National Medical Support Notice (NMSN) (or equivalent notice if based 
upon the statutory authority for the NMSN), regarding the military 
status of identified individuals and whether, and for what period of 
time, the children of such individuals are or were eligible for DoD 
health care coverage.


[[Page 26083]]


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

    To the Department of Health and Human Services (HHS) for purposes 
of providing information, consistent with the requirements of 42 U.S.C. 
653 and in response to a HHS request, regarding the military status of 
identified individuals and whether, and for what period of time, the 
children of such individuals are or were eligible for DoD healthcare 
coverage.

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

    To the Department of Health and Human Services for purposes of 
providing information so that specified Medicare determinations, 
specifically late enrollment and waiver of penalty, can be made for 
eligible (1) DoD military retirees and (2) spouses (or former spouses) 
and/or dependents of either military retirees or active duty military 
personnel, pursuant to section 625 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2002 (as codified at 42 U.S.C. 
1395p and 1395r).
    The DoD `Blanket Routine Uses' published at the beginning of DLA's 
compilation of systems of records notices apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on magnetic tapes and disks, and are housed 
in a controlled computer media library.

Retrievability:
    Records about individuals are retrieved by an algorithm which uses 
name, Social Security Number, date of birth, rank, and duty location as 
possible inputs. Retrievals are made on summary basis by geographic 
characteristics and location and demographic characteristics. 
Information about individuals will not be distinguishable in summary 
retrievals. Retrievals for the purposes of generating address lists for 
direct mail distribution may be made using selection criteria based on 
geographic and demographic keys.

Safeguards:
    Computerizerd records are maintained in a controlled area 
accessible only to authorized personnel. Entry to these areas is 
restricted to those personnel with a valid requirement and 
authorization to enter. Physical entry is restricted by the use of 
locks, guards, and administrative procedures (e.g., fire protection 
regulations).
    Access to personal information is restricted to those who require 
the records in the performance of their official duties, and to the 
individuals who are the subjects of the record or their authorized 
representatives. Access to personal information is further restricted 
by the use of passwords, which are changed periodically.

Retention and disposal:
    Data is destroyed when superseded or when no longer needed for 
operational purposes, whichever is later.

System manager(s) and address:
    Deputy Director, Defense Manpower Data Center, DoD Center Monterey 
Bay, 300 Gigling Road, Seaside, CA 93955-6771.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Privacy Act Officer, Headquarters, Defense Logistics Agency, 
DSS-B, 8725 John J. Kingman Road, Stop 6220, Fort Belvoir, VA 22060-
6221.
    Written requests for the information should contain full name and 
Social Security Number of individual and sponsor, date of birth, rank, 
and duty location.
    For personal visits the individual should be able to provide full 
name and Social Security Number of individual and sponsor, date of 
birth, rank, and duty location. Identification should be corroborated 
with a driver's license or other positive identification.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Privacy Act Officer, Headquarters, Defense Logistics Agency, DSS-B, 
8725 John J. Kingman Road, Stop 6220, 2533 Fort Belvoir, VA 22060-6221.
    Written request for the information should contain full name and 
Social Security Number of individual and sponsor, date of birth, rank, 
and duty location.
    For personal visits the individual should be able to provide full 
name and Social Security Number of individual and sponsor, date of 
birth, rank, and duty location. Identification should be corroborated 
with a driver's license or other positive identification.

Contesting record procedures:
    The DLA rules for accessing records, for contesting contents and 
appealing initial agency determinations are contained in 32 CFR part 
323, or may be obtained from the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DSS-B, 8725 John J. Kingman Road, Stop 
6220, 2533 Fort Belvoir, VA 22060-6221.

Record Source categories:
    Individuals, personnel pay, and benefit systems of the military and 
civilian departments and agencies of the Defense Department, the Coast 
Guard, the Public Health Service, Department of Commerce, the National 
Oceanic and Atmospheric Administration, Department of Commerce, and 
other Federal agencies.

Exemptions claimed for the system:
    None.
[FR Doc. 04-10597 Filed 5-10-04; 8:45 am]
BILLING CODE 5001-04-M