Privacy Act of 1974; System of Records, 55752-55760 [E7-19321]

Agencies

• Office of the Secretary of Defense
• DEPARTMENT OF DEFENSE

[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Notices]
[Pages 55752-55760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19321]


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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

[[Page 55758]]

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:

[[Page 55759]]

    (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.

[[Page 55760]]

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