[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Notices]
[Pages 7716-7720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2492]


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DEPARTMENT OF DEFENSE

Office of the Secretary of Defense

[DOD-2007-OS-0052]


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 altering a system 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 
March 12, 2008 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the Office of the Secretary of Defense, 
Privacy Act Coordinator, Records Management Section, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-2386.

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 February 4, 2008, 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: February 5, 2008.
L.M. Bynum,
Alternative OSD Federal Register Liaison Officer, Department of 
Defense.
DMDC 02

System Name:
    Defense Eligibility Records (October 1, 2007, 72 FR 55757).

Changes:
* * * * *

Categories of Individuals Covered by the System:
    Delete entry and replace with ``Active duty members and other 
Uniform Servicemembers, i.e., Department of Defense (DoD), Coast Guard, 
NOAA and USPHS; Reserve Members; National Guard members; State National 
Guard Employees; Presidential Appointees of all Federal Government 
agencies; DoD and Uniformed Service civil service employees, except 
Presidential appointees; Disabled American veterans; DoD and Uniformed 
Service contract employees; Former members (Reserve service, discharged 
RR or SR following notification of retirement eligibility); Medal of 
Honor recipients; Non-DoD civil service employees; U.S. Military 
Academy Students; Non-appropriated fund DoD and Uniformed Service 
employees (NAF); Non-Federal Agency Civilian associates, i.e., American 
Red Cross Emergency Services paid employees, Non-DoD contract 
employees; Reserve retirees not yet eligible for retired pay; Retired 
military members eligible for retired pay; Foreign Affiliates; DoD 
OCONUS Hires; DoD Beneficiaries; Civilian Retirees; Dependents; Members 
of the general public treated for a medical emergency in a DoD Medical 
Facility; Emergency Contact Person; Care Givers; Prior Military 
Eligible for VA benefits''.

Categories of Records in the System:
    Delete ``index fingerprints'' at the end of the sentence and 
replace with ``primary and secondary fingerprints''.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Routine Use 5 Delete entry and replace with ``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 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''.
    Add a new routine use:
    To the Office of Personnel Management:
    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 
to OPM all reserve military members eligible for TRICARE Reserve Select 
(TRS) to be matched against the OPM Central Personnel Data File (OPM/
GOVT-1) for the purpose of identifying those reserve military members 
who are also Federal civil service employees. This disclosure by OPM 
will provide the DoD with the FEHB eligibility and Federal employment 
information necessary to determine continuing eligibility for the TRS 
program. Only those reservists not eligible for FEHB are eligible for 
TRS. (Section 1076d of title 10)
* * * * *
DMDC 02

System name:
    Defense Eligibility Records.

System location:
    EDS--Service Management Center, 1075 West Entrance Drive, Auburn 
Hills, MI 48326-2723.

Categories of individuals covered by the system:
    Active duty members and other Uniform Servicemembers, i.e. 
Department of Defense (DoD), Coast Guard, NOAA and USPHS; Reserve 
Members; National Guard members; State National Guard Employees; 
Presidential Appointees of all Federal

[[Page 7717]]

Government agencies; DoD and Uniformed Service civil service employees, 
except Presidential appointees; Disabled American veterans; DoD and 
Uniformed Service contract employees; Former members (Reserve service, 
discharged RR or SR following notification of retirement eligibility); 
Medal of Honor recipients; Non-DoD civil service employees; U.S. 
Military Academy Students; Non-appropriated fund DoD and Uniformed 
Service employees (NAF); Non-Federal Agency Civilian associates, i.e. 
American Red Cross Emergency Services paid employees, Non-DoD contract 
employees; Reserve retirees not yet eligible for retired pay; Retired 
military members eligible for retired pay; Foreign Affiliates; DoD 
OCONUS Hires; DoD Beneficiaries; Civilian Retirees; Dependents; Members 
of the general public treated for a medical emergency in a DoD Medical 
Facility; Emergency Contact Person; Care Givers; Prior Military 
Eligible for VA benefits.

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, 
primary and secondary fingerprints and photographs of beneficiaries, 
blood test results, dental care eligibility codes and dental x-rays.
    Catastrophic Cap and Deductible (CCD) transactions, including 
monetary amounts; CHAMPUS/TRICARE claim records containing enrollee, 
participant and health care facility, provider data such as cause of 
treatment, amount of payment, name and Social Security or tax 
identification, number of providers or potential providers of care; 
citizenship data/country of birth; civil service employee employment 
information (agency and bureau, pay plan and grade, nature of action 
code and nature of action effective date, occupation series, dates of 
promotion and expected return from overseas, service computation date); 
claims data; compensation data; contractor fee payment data; date of 
separation of former enlisted and officer personnel; demographic data 
(kept on others beyond beneficiaries) date of birth, home of record 
state, sex, race, education level; Department of Veterans Affairs 
disability payment records; digital signatures where appropriate to 
assert validity of data; email (home/work); emergency contact 
information; immunization data; Information Assurance (IA) Work Force 
information; language data; military personnel information (rank, 
assignment/deployment, length of service, military occupation, 
education, and benefit usage); pharmacy benefits; reason leaving 
military service or DoD civilian service; Reserve member's civilian 
occupation and employment information; education benefit eligibility 
and usage; special military pay information; SGLI/FGLI; stored 
documents for proofing identity and association; workforces information 
(e.g. Acquisition, First Responders); Privacy Act audit logs.

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; 5 U.S.C. 
App. 3 (Pub. L. 95-452, as amended (Inspector General Act of 1978)); 
Pub. L. 106-265, Federal Long-Term Care Insurance; and 10 U.S.C. 2358, 
Research and Development Projects; 42 U.S.C., Chapter 20, Subchapter I-
G, Registration and Voting by Absent Uniformed Services Voters and 
Overseas Voters in Elections for Federal Office, Sec. 1973ff, Federal 
responsibilities and DoD Directive 1000.4, Federal Voting Assistance 
Program (FVAP); Homeland Security Presidential Directive 12, Policy for 
a common Identification Standard for Federal Employees and Contractors; 
38 CFR part 9.20, Traumatic injury protection, Servicemembers' Group 
Life Insurance and Veterans' Group Life Insurance; 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 identification of deceased 
members; to record the issuance of DoD badges and identification cards, 
i.e. Common Access Cards (CAC) or beneficiary 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.
    To authenticate and identify DoD affiliated personnel (e.g., 
contractors); to assess manpower, support personnel and readiness 
functions; to perform statistical analyses; identify current DoD 
civilian and military personnel for purposes of detecting fraud and 
abuse of benefit programs; to register current DoD civilian and 
military personnel and their authorized dependents for purposes of 
obtaining medical examination, treatment or other benefits to which 
they are entitled; to ensure benefit eligibility is retained after 
separation from the military; information will be used by agency 
officials and employees, or authorized contractors, and other DoD 
Components for personnel and manpower studies; and to assist in 
recruiting prior-service personnel.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To the 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.
    2. 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.
    3. To each of the fifty states and the District of Columbia for the 
purpose of conducting an on going 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

[[Page 7718]]

CHAMPUS, TRICARE, and to recover Medicaid monies from the CHAMPUS 
program.
    4. To provide dental care providers assurance of treatment 
eligibility.
    5. 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 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.
    6. 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.

    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)).

    7. To the Department of Health and Human Services (HHS):
    a. For purposes of providing information, consistent with the 
requirements of 42 U.S.C. 653 and in response to an 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)).

    b. 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).
    c. To the Office of Child Support Enforcement, Federal Parent 
Locator Service, 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; 
the relationship to a child receiving benefits provided by a third 
party and the name and SSN of those third party providers who have a 
legal responsibility. Identifying delinquent obligors will allow State 
Child Support Enforcement agencies to commence wage withholding or 
other enforcement actions against the obligors.
    8. To the American Red Cross for purposes of providing emergency 
notification and assistance to members of the Armed Forces, retirees, 
family members or survivors.
    9. To the Department of Veterans Affairs (DVA):
    a. To provide military personnel and pay data for present and 
former military personnel for the purpose of evaluating use of 
veterans' benefits, validating benefit eligibility and maintaining the 
health and well being of veterans and their family members.
    b. To provide identifying military personnel data to the DVA and 
its insurance program contractor for the purpose of notifying 
separating eligible Reservists of their right to apply for Veteran's 
Group Life Insurance coverage under the Veterans Benefits Improvement 
Act of 1996 (38 U.S.C. 1968) and for DVA to administer the Traumatic 
Servicemember's Group Life Insurance (TSGLI) (Traumatic Injury 
Protection Rider to Servicemember's Group Life Insurance (TSGLI), 38 
CFR 9.20).
    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 purposes 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 
REAP educational benefit (Title 10 U.S.C., Chapter 1607), and the 
National Call to Service enlistment educational benefit (Title 10, 
Chapter 510). 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).
    10. To DoD Civilian Contractors and grantees for the purpose of 
performing research on manpower problems for statistical analyses.
    11. To consumer reporting agencies to obtain current addresses of 
separated military personnel to notify them of potential benefits 
eligibility.
    12. To Defense contractors to monitor the employment of former DoD 
employees and military members subject to the provisions of 41 U.S.C. 
423.
    13. To Federal and Quasi Federal agencies, territorial, state, and 
local governments to support personnel functions requiring data on 
prior military service credit for their employees or for job 
applications. To

[[Page 7719]]

determine continued eligibility and help eliminate fraud and abuse in 
benefit programs and to collect debts and over payments owed to these 
programs. 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.
    14. 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 recipients' 
understanding of, and willingness to abide by these provisions.
    15. 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.
    16. To Federal and state agencies to validate 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.
    17. 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).
    18. To the Federal voting program to provide unit and email 
addresses for the purpose of notifying the military members where to 
obtain absentee ballots.
    19. To the Department of Homeland Security for the conduct of 
studies related to the health and well-being of Coast Guard members and 
to authenticate and identify Coast Guard personnel.
    20. To Coast Guard recruiters in the performance of their assigned 
duties.
    21. To the Office of Personnel Management: 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 to OPM all reserve 
military members eligible for TRICARE Reserve Select (TRS) to be 
matched against the OPM Central Personnel Data File (OPM/GOVT-1) for 
the purpose of providing those reserve military members that are also 
Federal civil service employees. This disclosure by OPM will provide 
the DoD with the FEHB eligibility and Federal employment information 
necessary to determine continuing eligibility for the TRS program. Only 
those reservists not eligible for FEHB are eligible for TRS. (Section 
1076d of title 10).
    The DoD ``Blanket Routine Uses'' published at the beginning of 
OSD'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:
    Computerized 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. All 
individuals granted access to this system of records are to have 
received Information Assurance and Privacy Act training.

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, 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 Deputy Director, Defense Manpower Data Center, DoD Center 
Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Privacy Act Officer,

[[Page 7720]]

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, and current address and telephone number 
of the individual.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the Privacy Act Officer, Office of Freedom of Information, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

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, the National Oceanic and 
Atmospheric Administration, Department of Veterans Affairs, and other 
Federal agencies.

Exemptions claimed for the system:
    None.

[FR Doc. E8-2492 Filed 2-8-08; 8:45 am]
BILLING CODE 5001-06-P