[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Notices]
[Page 55752-55760]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc07-41]
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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense
[DoD-2007-OS-0109]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, DoD.
ACTION: Notice to amend two systems of records.
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SUMMARY: The Office of the Secretary of Defense is amending two systems
of records notices 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
October 31, 2007 unless comments are received which result in a
contrary determination.
ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records
Management Section, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Finnegan at (703) 696-3081.
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 specific changes to the record systems being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
Dated: September 25, 2007.
L.M. Bynum,
Alternative OSD Federal Register Liaison Officer, Department of
Defense.
S322.10 DMDC
System name:
Defense Manpower Data Center Data Base (January 8, 2007, 72 FR
737).
Changes:
System identifier:
Delete entry and replace with ``DMDC 01''.
* * * * *
Categories of records in the system:
Add to entry ``Guard and Reserve civilian employment information.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``The DoD `Blanket Routine Uses' set
forth at the beginning of the OSD compilation of systems of records
notices apply to this system.''
* * * * *
Notification procedure:
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 individual's full name, Social
Security Number (SSN), date of birth, and current address and telephone
number of the individual.''
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 Privacy Act Officer, Office of Freedom of
Information, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Written requests should contain the individual's full name, Social
Security Number (SSN), date of birth, and current address and telephone
number of the individual.''
Contesting record procedures:
Delete entry and replace with ``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.
* * * * *
DMDC 01
System name:
Defense Manpower Data Center Data Base
System location:
Naval Postgraduate School Computer Center, Naval Postgraduate
School, Monterey, CA 93943-5000.
Categories of individuals covered by the system:
All Army, Navy, Air Force, and Marine Corps officer and enlisted
personnel who served on active duty from July 1, 1968, and after or who
have been a member of a reserve component since July 1975; retired
Army, Navy, Air Force, and Marine Corps officer and enlisted personnel;
active and retired Coast Guard personnel; active and retired members of
the commissioned corps of the National Oceanic and Atmospheric
Administration; active and retired members of the commissioned corps of
the Public Health Service; participants in Project 100,000 and Project
Transition, and the evaluation control groups for these programs. All
individuals examined to determine eligibility for military service at
an Armed Forces Entrance and Examining Station from July 1, 1970, and
later.
Current and former DOD civilian employees since January 1, 1972.
All veterans who have used the GI Bill education and training
employment services office since January 1, 1971. All veterans who have
used GI Bill education and training entitlements, who visited a state
employment service office since January 1, 1971, or who participated in
a Department of Labor special program since July 1, 1971. All
individuals who ever participated in an educational program sponsored
by the U.S. Armed Forces Institute and all individuals who ever
participated in the Armed Forces Vocational Aptitude Testing Programs
at the high school level since September 1969.
Participants in the Department of Health and Human Services
National Longitudinal Survey.
Survivors of retired military personnel who are eligible for or
currently receiving disability payments or disability income
compensation from the Department of Veteran Affairs; surviving spouses
of active or retired deceased military personnel; 100% disabled
veterans and their survivors; survivors of retired Coast Guard
personnel; and survivors of retired officers of the National Oceanic
and Atmospheric Administration and the Public Health Service who are
eligible for or are currently receiving Federal payments due to the
death of the retiree.
[[Page 55753]]
Individuals receiving disability compensation from the Department
of Veteran Affairs or who are covered by a Department of Veteran
Affairs' insurance or benefit program; dependents of active and retired
members of the Uniformed Services, selective service registrants.
Individuals receiving a security background investigation as
identified in the Defense Central Index of Investigation. Former
military and civilian personnel who are employed by DOD contractors and
are subject to the provisions of 10 U.S.C. 2397.
All Federal civilian retirees.
All non appropriated funded individuals who are employed by the
Department of Defense.
Individuals who were or may have been the subject of tests
involving chemical or biological human subject testing; and individuals
who have inquired or provided information to the Department of Defense
concerning such testing.
Individuals who are authorized Web access to DMDC computer systems
and databases.
Categories of records in the system:
Computerized personnel/employment/pay records consisting of name,
Service Number, Selective Service Number, Social Security Number (SSN),
citizenship data, compensation data, demographic information such as
home town, age, sex, race, and educational level; civilian occupational
information; performance ratings of DOD civilian employees and military
members; reasons given for leaving military service or DOD civilian
service; civilian and military acquisition work force warrant location,
training and job specialty information; military personnel information
such as rank, assignment/deployment, length of service, military
occupation, aptitude scores, post service education, training, and
employment information for veterans; participation in various in-
service education and training programs; date of award of certification
of military experience and training; military hospitalization and
medical treatment, immunization, and pharmaceutical dosage records;
home and work addresses; and identities of individuals involved in
incidents of child and spouse abuse, information about the nature of
the abuse and services provided, and Guard and Reserve civilian
employment information.
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.
Index fingerprints of Military Entrance Processing Command (MEPCOM)
applicants.
Privacy Act audit logs.
Department of Veteran Affairs disability payment records.
Credit or financial data as required for security background
investigations.
Criminal history information on individuals who subsequently enter
the military.
Office of Personnel Management (OPM) Central Personnel Data File
(CPDF), an extract from OPM/GOVT-1, General Personnel Records,
containing employment/personnel data on all Federal employees
consisting of name, Social Security Number (SSN), date of birth, sex,
work schedule (full time, part time, intermittent), annual salary rate
(but not actual earnings), occupational series, position occupied,
agency identifier, geographic location of duty station, metropolitan
statistical area, and personnel office identifier. Extract from Office
of Personnel Management (OPM) OPM/CENTRAL-1, Civil Service Retirement
and Insurance Records, including postal workers covered by Civil
Service Retirement, containing Civil Service Claim number, date of
birth, name, provision of law retired under, gross annuity, length of
service, annuity commencing date, former employing agency and home
address. These records provided by OPM for approved computer matching.
Non appropriated fund employment/personnel records consist of
Social Security Number (SSN), name, and work address.
Military drug test records containing the Social Security Number,
date of specimen collection, date test results reported, reason for
test, test results, base/area code, unit, service, status (active/
reserve), and location code of testing laboratory.
Names of individuals, as well as DMDC assigned identification
numbers, and other user-identifying data, such as organization, Social
Security Number (SSN), e-mail address, phone number, of those having
web access to DMDC computer systems and databases, to include dates and
times of access.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 5 U.S.C. App. 3 (Pub. L.
95-452, as amended (Inspector General Act of 1978)); 10 U.S.C. 136,
Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 1562,
Database on Domestic Violence Incidents; Pub. L. 106-265, Federal Long-
Term Care Insurance; 10 U.S.C. 2358, Research and Development Projects;
and E.O. 9397 (SSN).
Purpose(s):
The purpose of the system of records is to provide a single central
facility within the Department of Defense to assess manpower trends,
support personnel and readiness functions, to perform longitudinal
statistical analyses, identify current and former DOD civilian and
military personnel for purposes of detecting fraud and abuse of pay and
benefit programs, to register current and former DOD civilian and
military personnel and their authorized dependents for purposes of
obtaining medical examination, treatment or other benefits to which
they are qualified.
To collect debts owed to the United States Government and state and
local governments.
Information will be used by agency officials and employees, or
authorized contractors, and other DOD Components in the preparation of
studies and policy as related to the health and well-being of current
and past military and DOD affiliated personnel; to respond to
Congressional and Executive branch inquiries; and to provide data or
documentation relevant to the testing or exposure of individuals.
Military drug test records will be maintained and used to conduct
longitudinal, statistical, and analytical studies and computing
demographic reports on military personnel. No personal identifiers will
be included in the demographic data reports. All requests for Service
specific drug testing demographic data will be approved by the Service
designated drug testing program office. All requests for DOD wide drug
testing demographic data will be approved by the DOD Coordinator for
Drug Enforcement Policy and Support, 1510 Defense Pentagon, Washington,
DC 20301-1510.
DMDC web usage data will be used to validate continued need for
user access to DMDC computer systems and databases, to address problems
associated with web access, and to ensure that access is only for
official purposes.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, 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:
[[Page 55754]]
1. To the Department of Veteran Affairs (DVA):
a. To provide military personnel and pay data for present and
former military personnel for the purpose of evaluating use of veterans
benefits, validating benefit eligibility and maintaining the health and
well being of veterans and their family members.
b. To provide identifying military personnel data to the DVA and
its insurance program contractor for the purpose of notifying
separating eligible Reservists of their right to apply for Veteran's
Group Life Insurance coverage under the Veterans Benefits Improvement
Act of 1996 (38 U.S.C. 1968).
c. To register eligible veterans and their dependents for DVA
programs.
d. Providing identification of former military personnel and
survivor's financial benefit data to DVA for the purpose of identifying
military retired pay and survivor benefit payments for use in the
administration of the DVA's Compensation and Pension program (38 U.S.C.
5106). The information is to be used to process all DVA award actions
more efficiently, reduce subsequent overpayment collection actions, and
minimize erroneous payments.
e. To conduct computer matching programs regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a), for the purpose of:
(1) Providing full identification of active duty military
personnel, including full time National Guard/Reserve support
personnel, for use in the administration of DVA's Compensation and
Pension benefit program. The information is used to determine continued
eligibility for DVA disability compensation to recipients who have
returned to active duty so that benefits can be adjusted or terminated
as required and steps taken by DVA to collect any resulting over
payment (38 U.S.C. 5304(c)).
(2) Providing military personnel and financial data to the Veterans
Benefits Administration, DVA for the purpose of determining initial
eligibility and any changes in eligibility status to insure proper
payment of benefits for GI Bill education and training benefits by the
DVA under the Montgomery GI Bill (Title 10 U.S.C., Chapter 1606--
Selected Reserve and Title 38 U.S.C., Chapter 30--Active Duty). The
administrative responsibilities designated to both agencies by the law
require that data be exchanged in administering the programs.
(3) Providing identification of reserve duty, including full time
support National Guard/Reserve military personnel, to the DVA, for the
purpose of deducting reserve time served from any DVA disability
compensation paid or waiver of VA benefit. The law (10 U.S.C. 12316)
prohibits receipt of reserve pay and DVA compensation for the same time
period, however, it does permit waiver of DVA compensation to draw
reserve pay.
(4) Providing identification of former active duty military
personnel who received separation payments to the DVA for the purpose
of deducting such repayment from any DVA disability compensation paid.
The law requires recoupment of severance payments before DVA disability
compensation can be paid (10 U.S.C. 1174).
f. To provide identifying military personnel data to the DVA for
the purpose of notifying such personnel of information relating to
educational assistance as required by the Veterans Programs Enhancement
Act of 1998 (38 U.S.C. 3011 and 3034).
2. To the Office of Personnel Management (OPM):
a. Consisting of personnel/employment/financial data for the
purpose of carrying out OPM's management functions. Records disclosed
concern pay, benefits, retirement deductions and any other information
necessary for those management functions required by law (Pub. L. 83-
598, 84-356, 86-724, 94-455 and 5 U.S.C. 1302, 2951, 3301, 3372, 4118,
8347).
b. To conduct computer matching programs regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a) for the purpose of:
(1) Exchanging personnel and financial data to identify individuals
who are improperly receiving military retired pay and credit for
military service in their civil service annuities, or annuities based
on the 'guaranteed minimum' disability formula. The match will identify
and/or prevent erroneous payments under the Civil Service Retirement
Act (CSRA) 5 U.S.C. 8331 and the Federal Employees' Retirement System
Act (FERSA) 5 U.S.C. 8411. DOD's legal authority for monitoring retired
pay is 10 U.S.C. 1401.
(2) Exchanging civil service and Reserve military personnel data to
identify those individuals of the Reserve forces who are employed by
the Federal government in a civilian position. The purpose of the match
is to identify those particular individuals occupying critical
positions as civilians and cannot be released for extended active duty
in the event of mobilization. Employing Federal agencies are informed
of the reserve status of those affected personnel so that a choice of
terminating the position or the reserve assignment can be made by the
individual concerned. The authority for conducting the computer match
is contained in E.O. 11190, Providing for the Screening of the Ready
Reserve of the Armed Services.
c. Matching for administrative purposes to include updated employer
addresses of Federal civil service employees who are reservists and
demographic data on civil service employees who are reservists.
3. To the Internal Revenue Service (IRS) for the purpose of
obtaining home addresses to contact Reserve component members for
mobilization purposes and for tax administration. For the purpose of
conducting aggregate statistical analyses on the impact of DOD
personnel of actual changes in the tax laws and to conduct aggregate
statistical analyses to ``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.
4. To the Department of Health and Human Services (DHHS):
a. To the Office of the Inspector General, DHHS, for the purpose of
identification and investigation of DOD employees and military members
who may be improperly receiving funds under the Aid to Families of
Dependent Children Program.
b. To the Office of Child Support Enforcement, Federal Parent
Locator Service, DHHS, pursuant to 42 U.S.C. 653 and 653a; to assist in
locating individuals for the purpose of establishing parentage;
establishing, setting the amount of, modifying, or enforcing child
support obligations; or enforcing child custody or visitation orders;
and for conducting computer matching as authorized by E.O. 12953 to
facilitate the enforcement of child support owed by delinquent obligors
within the entire civilian Federal government and the Uniformed
Services work force (active and retired). Identifying delinquent
obligors will allow State Child Support Enforcement agencies to
commence wage withholding or other enforcement actions against the
obligors.
Note 1: Information requested by DHHS is not disclosed when it
would contravene U.S. national policy or security interests (42
U.S.C. 653(e)).
Note 2: Quarterly wage information is not disclosed for those
individuals performing intelligence or counter intelligence
functions and a determination is made that disclosure could endanger
the safety of the individual
[[Page 55755]]
or compromise an ongoing investigation or intelligence mission (42
U.S.C. 653(n)).
c. To the Health Care Financing Administration (HCFA), DHHS for the
purpose of monitoring HCFA reimbursement to civilian hospitals for
Medicare patient treatment. The data will ensure no Department of
Defense physicians, interns, or residents are counted for HCFA
reimbursement to hospitals.
d. To the Center for Disease Control and the National Institutes of
Mental Health, DHHS, for the purpose of conducting studies concerned
with the health and well being of active duty, reserve, and retired
personnel or veterans, to include family members.
e. To conduct computer matching programs regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a), for the purpose of determining
continued eligibility and help eliminate fraud and abuse in benefit
programs by identifying individuals who are receiving Federal
compensation or pension payments and also are receiving payments
pursuant to Federal benefit programs being administered by the States.
5. To the Social Security Administration (SSA):
a. To the Office of Research and Statistics for the purpose of (1)
conducting statistical analyses of impact of military service and use
of GI Bill benefits on long term earnings, and (2) obtaining current
earnings data on individuals who have voluntarily left military service
or DOD civil employment so that analytical personnel studies regarding
pay, retention and benefits may be conducted.
Note 3: Earnings data obtained from the SSA and used by DOD does
not contain any information that identifies the individual about
whom the earnings data pertains.
b. To the Bureau of Supplemental Security Income for the purpose of
verifying information provided to the SSA by applicants and recipients/
beneficiaries, who are retired members of the Uniformed Services or
their survivors, for Supplemental Security Income (SSI) or Special
Veterans' Benefits (SVB). By law (42 U.S.C. 1006 and 1383), the SSA is
required to verify eligibility factors and other relevant information
provided by the SSI or SVB applicant from independent or collateral
sources and obtain additional information as necessary before making
SSI or SVB determinations of eligibility, payment amounts, or
adjustments thereto.
c. To the Client Identification Branch for the purpose of
validating the assigned Social Security Number for individuals in DOD
personnel and pay files, using the SSA Enumeration Verification System
(EVS).
6. To the Selective Service System (SSS) for the purpose of
facilitating compliance of members and former members of the Armed
Forces, both active and reserve, with the provisions of the Selective
Service registration regulations (50 U.S.C. App. 451 and E.O. 11623).
7. To the Department of Labor (DOL) to reconcile the accuracy of
unemployment compensation payments made to former DOD civilian
employees and military members by the states. To the Department of
Labor to survey military separations to determine the effectiveness of
programs assisting veterans to obtain employment.
8. To Federal and Quasi Federal agencies, territorial, state, and
local governments to support personnel functions requiring data on
prior military service credit for their employees or for job
applications. Information released includes name, Social Security
Number, and military or civilian address of individuals. To detect
fraud, waste and abuse pursuant to the authority contained in the
Inspector General Act of 1978, as amended (Pub. L. 95-452) for the
purpose of determining eligibility for, and/or continued compliance
with, any Federal benefit program requirements.
9. To consumer reporting agencies to obtain current addresses of
separated military personnel to notify them of potential benefits
eligibility.
10. To state and local law enforcement investigative agencies to
obtain criminal history information for the purpose of evaluating
military service performance and security clearance procedures (10
U.S.C. 2358).
11. To Federal and Quasi Federal agencies, territorial, state and
local governments, and contractors and grantees for the purpose of
supporting research studies concerned with the health and well being of
active duty, reserve, and retired personnel or veterans, to include
family members. DMDC will disclose information from this system of
records for research purposes when DMDC:
a. Has determined that the use or disclosure does not violate legal
or policy limitations under which the record was provided, collected,
or obtained;
b. Has determined that the research purpose (1) cannot be
reasonably accomplished unless the record is provided in individually
identifiable form, and (2) warrants the risk to the privacy of the
individual that additional exposure of the record might bring;
c. Has required the recipient to (1) establish reasonable
administrative, technical, and physical safeguards to prevent
unauthorized use or disclosure of the record, and (2) remove or destroy
the information that identifies the individual at the earliest time at
which removal or destruction can be accomplished consistent with the
purpose of the research project, unless the recipient has presented
adequate justification of a research or health nature for retaining
such information, and (3) make no further use or disclosure of the
record except (A) in emergency circumstances affecting the health or
safety of any individual, (B) for use in another research project,
under these same conditions, and with written authorization of the
Department, (C) for disclosure to a properly identified person for the
purpose of an audit related to the research project, if information
that would enable research subjects to be identified is removed or
destroyed at the earliest opportunity consistent with the purpose of
the audit, or (D) when required by law;
d. Has secured a written statement attesting to the recipient's
understanding of, and willingness to abide by these provisions.
12. To the Educational Testing Service, American College Testing,
and like organizations for purposes of obtaining testing, academic,
socioeconomic, and related demographic data so that analytical
personnel studies of the Department of Defense civilian and military
workforce can be conducted.
Note 4: Data obtained from such organizations and used by DOD
does not contain any information that identifies the individual
about whom the data pertains.
13. To Federal and State agencies for purposes of obtaining
socioeconomic information on Armed Forces personnel so that analytical
studies can be conducted with a view to assessing the present needs and
future requirements of such personnel.
14. To Federal and state agencies for purposes of validating
demographic data (e.g., Social Security Number, citizenship status,
date and place of birth, etc.) for individuals in DOD personnel and pay
files so that accurate information is available in support of DOD
requirements.
15. To the Bureau of Citizenship and Immigration Services,
Department of Homeland Security, for purposes of facilitating the
verification of individuals who may be eligible for expedited
naturalization (Pub. L. 108-136, Section 1701, and E.O. 13269,
Expedited Naturalization).
[[Page 55756]]
16. To Federal and State agencies, as well as their contractors and
grantees, for purposes of providing military wage, training, and
educational information so that Federal-reporting requirements, as
mandated by statute, such as the Workforce Investment Act (29 U.S.C.
2801, et seq.) and the Carl D. Perkins Vocational and Applied
Technology Act (20 U.S.C. 2301, et seq.) can be satisfied.
The DOD `Blanket Routine Uses' set forth at the beginning of the
OSD compilation of systems of records notices apply to this system.
Note 5: Military drug test information involving individuals
participating in a drug abuse rehabilitation program shall be
confidential and be disclosed only for the purposes and under the
circumstances expressly authorized in 42 U.S.C. 290dd-2. This
statute takes precedence over the Privacy Act of 1974, in regard to
accessibility of such records except to the individual to whom the
record pertains. The DOD `Blanket Routine Uses' do not apply to
these types records.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Electronic storage media.
Retrievability:
Retrieved by name, Social Security Number (SSN), occupation, or any
other data element contained in system.
Safeguards:
Access to personal information is restricted to those who require
the records in the performance of their official duties. Access to
personal information is further restricted by the use of Common Access
Cards (CAC). Physical entry is restricted by the use of locks, guards,
and administrative procedures. All individuals granted access to this
system of records are to have taken Information Assurance and Privacy
Act training; all have been through the vetting process and have ADP
ratings.
Retention and disposal:
The records are used to provide a centralized system within the
Department of Defense to assess manpower trends, support personnel
functions, perform longitudinal statistical analyses, and conduct
scientific studies or medical follow-up programs and other related
studies/analyses. Records are retained as follows:
(1) Input/source records are deleted or destroyed after data have
been entered into the master file or when no longer needed for
operational purposes, whichever is later. Exception: Apply NARA-
approved disposition instructions to the data files residing in other
DMDC data bases.
(2) The Master File is retained permanently. At the end of the
fiscal year, a snapshot is taken and transferred to the National
Archives in accordance with 36 CFR part 1228.270 and 36 CFR part 1234.
(3) Outputs records (electronic or paper summary reports) are
deleted or destroyed when no longer needed for operational purposes.
Note: This disposition instruction applies only to record keeping
copies of the reports retained by DMDC. The DOD office requiring
creation of the report should maintain its record keeping copy in
accordance with NARA approved disposition instructions for such
reports.
(4) System documentation (codebooks, record layouts, and other
system documentation) are retained permanently and transferred to the
National Archives along with the master file in accordance with 36 CFR
part 1228.270 and 36 CFR part 1234.
System manager(s) and address:
Deputy Director, Defense Manpower Data Center, DOD Center Monterey
Bay, 400 Gigling Road, Seaside, CA 93955-6771.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Privacy Act Officer, Office of Freedom of Information,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Written requests should contain the full name, Social Security
Number (SSN), date of birth, 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, 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:
Record sources are individuals via survey questionnaires, the
military services, the Department of Veteran Affairs, the U.S. Coast
Guard, the National Oceanic and Atmospheric Administration, the Public
Health Service, the Office of Personnel Management, Environmental
Protection Agency, Department of Health and Human Services, Department
of Energy, Executive Office of the President, and the Selective Service
System.
Exemptions claimed for the system:
None.
S322.50 DMDC
System Name:
Defense Eligibility Records (January 8, 2007, 72 FR 730).
Changes:
* * * * *
System identifier:
Delete entry and replace with ``DMDC 02''.
* * * * *
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``The DoD 'Blanket Routine Uses' set
forth at the beginning of the OSD compilation of systems of records
notices apply to this system.''
* * * * *
Notification procedure:
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, and current address and telephone number
of the individual.''
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 Privacy Act Officer, Office of Freedom of
Information,
[[Page 55757]]
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:
Delete entry and replace with ``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.
* * * * *
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 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 of 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; all appropriated, non-appropriated,
and foreign national DoD employees; all Federal (non-postal) civilian
employees and all Federal civilian retirees; Congressional Medal of
Honor awardees; dependants of active and retired members of the
Uniformed Services; selective service registrants; DoD affiliated
personnel (e.g. contractors); emergency contact data for DoD affiliated
personnel (e.g. contractors); foreign military and families who used
DoD medical facilities; former enlisted and officer personnel of the
military services who separated from active duty since 1971; DoD
civilian retirees who are receiving ID cards as authorized by OUSD(P&R)
memo, subject: Issuance of Identification Cards to Retired Department
of Defense Civilian Employees (December 30, 2005); general population
treated for medical emergency in a DoD medical facility; individuals
receiving security background investigations as identified in the
Defense Central Index of Investigations; individuals who participated
in educational programs sponsored by U.S. Armed Forces Institute and
participants of Armed Forces Aptitude testing program at the High
School level since September 1969; individuals who were or may have
been subjects of tests involving chemical or biological human subject
testing, and individuals who have inquired or provided information to
the DoD concerning such testing; other Federal agency employees and
applicants who have registered to take the Defense Language Proficiency
Tests (DLPT) 5; participants in the Department of Health and Human
Services National Longitudinal Survey; and veterans who have used GI
Bill education/training employment services office since January 1,
1971.
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
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; e-mail (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
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privileges; to support DoD health care management programs; to provide
identification 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.
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 qualified; 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 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 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.
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 part 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:
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(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 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 e-mail
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.
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.
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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 accesses 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 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, 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, 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. E7-19321 Filed 9-28-07; 8:45 am]
BILLING CODE 5001-06-P