[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32145-32151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11484]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2022-OS-0060]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Department of Defense (DoD) .
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
modifying and reissuing a current system of records titled, ``Defense
Manpower Data Base,'' DMDC 01. This system of records was originally
established by the Defense Manpower Data Center (DMDC) to collect and
maintain records for the purpose of providing a single central facility
within the DoD 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
[[Page 32146]]
dependents for purposes of obtaining medical examination, treatment or
other benefits to which they are qualified. It is also used to collect
debts owed to the United States Government and state and local
governments. The DMDC manages a series of files within this system of
records for the purposes of serving as the central DoD repository for
various personnel and manpower assessments. This system of records
notice (SORN) is being updated to make various changes, including
expanding the individuals covered, updating a routine use relating to
computer matching programs, and adding DoD's standard routine uses.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before June 27,
2022. The Routine Uses are effective at the close of the comment
period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
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 https://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Sam Peterson, DMDC Privacy
Officer, DMDC Privacy Office, DoD Center, 400 Gigling Road, Monterey,
CA 93955; [email protected]; (831) 583-2400.
SUPPLEMENTARY INFORMATION:
I. Background
The Defense Manpower Data Base system of records is used to collect
and maintain records for the purpose of providing a single central
facility within the DoD 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 for which they are qualified.
Subject to public comment, the DoD is updating this SORN to add the
standard DoD routine uses (routine uses A through J) and to allow for a
change to an existing disclosure outside DoD related to the purpose of
this system of records. Additionally, the following sections of this
SORN are being modified as follows: (1) To the Authority for
Maintenance of the System section to add additional authorities; (2) to
the Categories of Individuals Covered by the System, to expand the
individuals covered with the addition of Space Force and deployed
contract personnel, and to the Categories of Records to clarify how the
records relate to the revised Categories of Individuals; (3) to the
Administrative, Technical, and Physical Safeguards to update the
individual safeguards protecting the personal information; (4) to the
Record Access Procedures section to reflect the need for individuals to
identify the appropriate DoD office or component to which their request
should be directed; (5) to the Contesting Records Procedures section to
update the appropriate citation for contesting records; and (6) to the
System Manager and System Location sections to update the addresses and
office names. Furthermore, this notice includes non-substantive changes
to simplify the formatting and text of the previously published notice.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Defense Privacy, Civil Liberties, and Freedom of Information
Directorate website at https://dpcld.defense.gov.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, the DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: May 24, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Manpower Data Center Data Base, DMDC 01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented and overseen by
the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system manager is Program Manager, Defense Manpower Data
Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-
6771; Email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. (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. 1001 et seq., Higher Education Opportunity Act; Public Law 106-
265, Federal Long-Term Care Insurance; 10 U.S.C. 2358, Research and
Development Projects; DoD Instruction 6490.03, Deployment Health; and
E.O. 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system of records is to provide a single central
facility within the Department of Defense (DoD) to assess manpower
trends, support personnel and readiness functions, to perform
longitudinal statistical analyses, to 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
for which they are qualified. In addition, the system of records may be
used as follows:
A. To collect debts owed to the United States Government and state
and local governments.
B. In the preparation of studies and policy as related to the
health and well-
[[Page 32147]]
being of current and past Armed Forces and DoD-affiliated civilian and
contractor personnel;
C. To respond to Congressional and Executive branch inquiries;
D. To provide data or documentation relevant to the testing or
exposure of individuals to chemical, biological, or other substances
affecting health;
E. To conduct longitudinal, statistical, and analytical studies and
compute demographic reports, with respect to Armed Forces drug testing
records. 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.
F. 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 access is only for official
purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
A. All Army, Navy, Air Force, Marine Corps, Space Force and Coast
Guard officer and enlisted (hereafter the ``Armed Forces'') personnel
serving on active duty from July 1, 1968 and after or were a member of
a reserve component since July 1975;
B. Retired Armed Forces personnel;
C. 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'');
D. Deployed contract personnel;
E. All individuals examined to determine eligibility for military
service at an Armed Forces Entrance and Examining Station from July 1,
1970, and later;
F. Current and former DoD civilian employees since January 1, 1972;
G. Veterans using the Veterans Education Assistance Program (VEAP)
from January 1977 through June 1985;
H. Participants in the Department of Health and Human Services
National Longitudinal Survey;
I. Survivors of retired Armed Forces personnel eligible for or
currently receiving disability payments or disability income
compensation from the Department of Veterans Affairs;
J. Surviving spouses of active or retired deceased Armed Forces
personnel;
K. 100% disabled veterans and their survivors;
L. Survivors of retired officers of NOAA and PHS eligible for, or
currently receiving, Federal payments due to the death of the retiree;
M. Individuals receiving disability compensation from the
Department of Veterans Affairs or who are covered by a Department of
Veterans Affairs' insurance or benefit program;
N. Dependents of active and retired members of the Uniformed
Services;
O. Selective service registrants;
P. All Federal civilian retirees with a DoD affiliation;
Q. DoD non-appropriated fund personnel;
R. Individuals who were or may have been the subject of tests
involving chemical or biological human subject testing; and individuals
inquiring or providing information to the DoD concerning such testing;
S. Individuals with authorized web access to DMDC computer systems
and databases.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Computerized personnel/employment/pay records: 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,
casualty information, 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;
B. Identities of individuals involved in incidents of child and
domestic abuse and information about the nature of the abuse and
services provided;
C. CHAMPUS claim records containing enrollee, patient and health
care facility, provided data such as cause of treatment, amount of
payment, name and SSN or tax identification number of providers or
potential providers of care;
D. Selective Service System registration data;
E. Primary and secondary fingerprints of Military Entrance
Processing Command (MEPCOM) applicants;
F. Department of Veterans Affairs disability payment records.
G. Credit or financial data as required for security background
investigations;
H. Criminal history information on individuals who subsequently
enter the military;
I. Extracts 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.;
J. Non-appropriated fund employment/personnel records consist of
SSN, name, and work address;
K. Military drug test records containing the 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;
L. Names of individuals, as well as DMDC assigned identification
numbers, and other user-identifying data, such as organization, SSN,
email address, phone number, of those having web access to DMDC
computer systems and databases, to include dates and times of access.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from: The Uniformed Services, the Department of Veterans
Affairs, the OPM, Environmental Protection Agency, the Department of
Health and Human Services, the Department of Energy, the Executive
Office of the President, and the Selective Service System.
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:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or
[[Page 32148]]
other assignment for the federal government when necessary to
accomplish an agency function related to this system of records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or some other review as
authorized by the Inspector General Act.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. 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.
L. To the Department of Veterans Affairs (DVA):
(1) 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;
(2) 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);
(3) To register eligible veterans and their dependents for DVA
programs.
(4) 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;
(5) To conduct computer matching programs regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a) for the purpose of: (a)
Providing identification of active duty Uniformed Services 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 for recipients who return to active duty so
benefits can be adjusted or terminated and DVA can collect overpayments
as appropriate (38 U.S.C. 5304(c)); (b) Providing identification of
Uniformed Services personnel receiving reserve duty pay, including full
time National Guard/Reserve Armed Forces support personnel, for the
purpose of deducting payments for reserve time served from DVA
disability compensation paid. The law (10 U.S.C. 12316) prohibits
receipt of both reserve pay and DVA compensation for the same time
period, but permits waiver of DVA compensation to draw reserve pay;
(6) 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).
M. To the OPM:
(1) 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).
(2) 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.
N. 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 life stream 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.
O. To the Department of Health and Human Services (DHHS):
(1) 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);
[[Page 32149]]
(2) 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 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));
(3) 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 DoD physicians,
interns, or residents are counted for HCFA reimbursement to hospitals;
(4) 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;
(5) 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.
P. To State public assistance agencies administering Federal
benefit programs, including those States agencies participating in
PARIS or a successor system facilitated by the DHHS or its components,
to conduct matching programs for the purpose of determining or
verifying eligibility to receive public assistance benefits and, if
ineligible, to take such action as may be authorized by law and
regulation.
Q. To the Social Security Administration (SSA) components,
including the:
(1) Office of Research and Statistics for the purpose of: (a)
Conducting statistical analyses of impact of military service and use
of GI Bill benefits on long-term earnings; or (b) Obtaining current
earnings data on individuals voluntarily leaving military service or
DoD civil employment so 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 identifying the individual about whom the
earnings data pertains;
(2) Bureau of Supplemental Security Income, to conduct computer
matching programs regulated by the Privacy Act of 1974, as amended (5
U.S.C. 552a) 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, entitlement, or benefit amounts, or adjustments thereto;
(3) Client Identification Branch for the purpose of validating the
assigned SSN for individuals in DoD personnel and pay files, using the
SSA Enumeration Verification System (EVS); and
(4) The Office of Disability and Insurance Security Programs, for
the purpose of expediting disability processing of wounded military
service members and veterans.
R. 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).
S. 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
DOL to survey Armed Forces separations to determine the effectiveness
of programs assisting veterans to obtain employment.
T. 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, SSN, 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.
U. To state and local law enforcement investigative agencies to
obtain military history information for the purpose of ongoing
investigations.
V. 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; (1) Determines the use or disclosure does
not violate legal or policy limitations under which the record was
provided, collected, or obtained; (2) Determines the research purpose
cannot be reasonably accomplished unless the record is provided in
individually identifiable form, and warrants the risk to the privacy of
the individual that additional exposure of the record might bring; (3)
requires the recipient to establish reasonable administrative,
technical, and physical safeguards to prevent unauthorized use or
disclosure of the record, and 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 makes 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 enabling research
subjects to be identified is removed or destroyed at the earliest
opportunity consistent
[[Page 32150]]
with the purpose of the audit, or (D) when required by law; (4) secures
a written statement attesting to the recipient's understanding of, and
willingness to abide by these provisions.
W. To Federal and State agencies for purposes of obtaining
socioeconomic information on Armed Forces personnel so analytical
studies can be conducted with a view to assessing the present needs and
future requirements of such personnel.
X. 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 accurate information is available in support
of Uniformed Service requirements.
Y. To the Bureau of Citizenship and Immigration Services,
Department of Homeland Security, for purposes of facilitating the
verification of individuals possibly eligible for expedited
naturalization (Pub. L. 108-136, Section 1701, and E.O. 13269,
Expedited Naturalization).
Z. To 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: (1) Identifying dependent children of those
Armed Forces members who died as a result of performing military
service in Iraq or Afghanistan after September 11, 2001, and therefore,
may be eligible for increased amounts of Federal student assistance
under the Higher Education Act of 1965, as amended (HEA), including
sections 473(b) and 420R of the HEA; possible benefits; or (2)
identifying service members deployed to areas that qualify them for
imminent danger pay (IDP) or hostile fire pay (HFP) for benefit
eligibility determinations and related notifications concerning no-
interest accrual benefits on qualifying student loans made under Title
IV of the HEA. for the period of time they received IDP or HFP pay; and
(3) eligibility determinations for service members to receive any
educational benefits consistent with the Higher Education Act of 1965,
as amended, including, but not limited to, military loan deferment (20
U.S.C. 1087a et seq.), and forgiveness under the Public Service Loan
Forgiveness Program (20 U.S.C. 1087e et seq.).
AA. To other Federal Agencies or non-Federal agencies for the
purpose of conducting computer matching programs regulated by the
Privacy Act of 1974, as amended (5 U.S.C. 552a for the purpose of
establishing or verifying the eligibility of, or continuing compliance
with statutory and regulatory requirements by, applicants for,
recipients or beneficiaries of, participants in, or providers of
services with respect to, cash or in-kind assistance or payments under
Federal benefit programs, or recouping payments or delinquent debts
under such Federal benefit programs.
Note 4: Military drug test information involving individuals
participating in a drug abuse rehabilitation program shall be
confidential and 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically. The records may be stored on
magnetic disc, tape, or digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, SSN, DoD ID number, occupation,
or any other data element contained in system.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained as follows: (1) Input/source records are
deleted or destroyed after data have been entered into the master file
or when no longer needed for operational purposes, whichever is later.
Exception: Apply NARA-approved disposition instructions to the data
files residing in other DMDC data bases; (2) The Master File is
retained permanently. At the end of the fiscal year, a snapshot is
taken and transferred to the National Archives in accordance with 36
CFR part 1228.270 and 36 CFR part 1234; (3) Output records (electronic
or paper summary reports) are deleted or destroyed when no longer
needed for operational purposes. Note: This disposition instruction
applies only to 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.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, the DoD established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. The DoD routinely
employs safeguards such as the following to information systems and
paper recordkeeping systems: Multifactor log-in authentication
including Common Access Card (CAC) authentication and password; Secret
internet Protocol Router ((SIPR) token as required); physical and
technological access controls governing access to data; network
encryption to protect data transmitted over the network; disk
encryption securing disks storing data; key management services to
safeguard encryption keys; masking of sensitive data as practicable;
mandatory information assurance and privacy training for individuals
who will have access; identification, marking, and safeguarding of PII;
physical access safeguards including multifactor identification
physical access controls, detection and electronic alert systems for
access to servers and other network infrastructure; and electronic
intrusion detection systems in DoD facilities.
With respect to Armed Forces drug testing records: 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.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records 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;
[[Page 32151]]
Requester Service Center website: https://www.esd.whs.mil/FOID. Signed
written requests should contain the name and number of this system of
records notice along with full name, SSN, date of birth, current
address, and telephone number of the individual and be signed. In
addition, the requester must provide either a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
appropriate format:
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).''
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).''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from the individual for their
representative to act on their behalf.
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents and
appealing initial Component determinations are contained in 32 CFR part
310; or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
November 23, 2011, 76 FR 72391; February 27, 2019, 84 FR 6383;
March 11, 2019, 84 FR 8698.
[FR Doc. 2022-11484 Filed 5-26-22; 8:45 am]
BILLING CODE 5001-06-P