Reduction of Use of Social Security Numbers (SSN) in the Department of Defense (DoD), 9548-9556 [2010-4290]
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9548
Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules
an inmate to accumulate vacation credit
when:
(1) The inmate is transferred to
another institution for the benefit of the
government or because of the inmate’s
favorable adjustment (custody
reduction); or
(2) The inmate is placed in a new
work assignment in the institution for
the benefit of the government or
institution, rather than solely at the
inmate’s request or because of the
inmate’s poor performance or adverse
behavior.
§ 545.28
Achievement awards.
Inmates may receive achievement
awards in the following manner:
(a) Education program completion.
With prior approval of the Education
Department, each inmate who
completes the Literacy program,
Vocational Training, or related trades
classroom work that is part of a certified
apprenticeship program may be granted
an achievement award from
performance pay funds.
(b) Drug treatment satisfactory
progress/completion. With prior
approval of the Psychology Services
Department, each inmate who is making
satisfactory progress or completes a
residential drug treatment program may
also be granted an achievement award
from performance pay funds.
§ 545.29
Special awards.
Inmates who perform exceptional
services not ordinarily a part of the
inmate’s regular assignment may be
granted a special award regardless of the
inmate’s work or program status. The
special award may be in the form of a
monetary payment in addition to any
other award (e.g., extra good time)
given.
§ 545.30
Funds due deceased inmates.
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If performance pay is due to a
deceased inmate for work performed
and not yet paid, the Bureau will make
the payment to a legal representative of
the inmate’s estate or in accordance
with the laws of descent and
distribution of the state of domicile
(most recent legal residence).
[FR Doc. 2010–3902 Filed 3–2–10; 8:45 am]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 157
[DoD–2008–OS–0075; RIN 0790–AI33]
Reduction of Use of Social Security
Numbers (SSN) in the Department of
Defense (DoD)
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This proposed rule
establishes policy and assigns
responsibilities for social security
number (SSN) reduction in DoD. It
incorporates Office of the Under
Secretary of Defense for Personnel and
Readiness Directive-type Memorandum
titled ‘‘DoD Social Security Number
(SSN) Reduction Plan.’’
DATES: Comments must be received by
May 3, 2010.
ADDRESSES: You may submit comments,
identified by docket number and/or the
Regulatory Information Number (RIN)
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Andrew Uscher, 703–696–0109.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been certified that 32 CFR part
157 does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribunal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
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or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been certified that 32 CFR part
157 does not contain a Federal mandate
that may result in the expenditure by
State, local and tribunal governments, in
aggregate, or by the private sector, of
$100 million or more in any 1 year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
157 is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
This rule establishes policy and assigns
responsibilities for SSN reduction in
DoD.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
157 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
157 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 157
Privacy, Security measures, Social
Security numbers.
Accordingly, 32 CFR part 157 is
proposed to be added to read as follows:
PART 157—REDUCTION OF USE OF
SOCIAL SECURITY NUMBERS (SSN)
IN THE DEPARTMENT OF DEFENSE
(DOD)
Sec.
157.1 Purpose.
157.2 Applicability.
157.3 Definitions.
157.4 Policy.
157.5 Responsibilities.
157.6. Guidance on the use of the SSN by
the DoD.
157.7. DoD SSN reduction in forms and
systems.
157.8. Approval for use of the SSN.
157.9 Information requirements.
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Appendix A to Part 157—Sample SSN
Justification Memorandum
Appendix B to Part 157—Sample SSN
Elimination Plan
Authority: 5 U.S.C. 301.
§ 157.1
Purpose.
This part establishes policy and
assign responsibilities for social security
number (SSN) reduction in the
Department of Defense (DoD). It
establishes a DoD SSN Reduction Plan.
§ 157.2
Applicability.
This part:
(a) Applies to the Office of the
Secretary of Defense, the Military
Departments, the Office of the Chairman
of the Joint Chiefs of Staff and the Joint
Staff, the Combatant Commands, the
Office of the Inspector General of the
Department of Defense (IG, DoD), the
Defense Agencies, the DoD Field
Activities, and all other organizational
entities within DoD (hereafter referred
to collectively as the ‘‘DoD
Components’’).
(b) Covers all uses of SSNs within
DoD, to include DoD data managed or
retained in contractor-owned, -managed,
or -operated systems according to
section 552a of title 5, United States
Code.
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§ 157.3
Definitions.
These terms and their definitions are
for the purpose of this part.
Application. Software program that
performs a specific function directly for
a user and can be executed without
access to system control, monitoring, or
administrative privileges. Examples
include office automation, electronic
mail, Web services, and major
functional or mission software
programs.
Authentication. The process of
establishing that an individual,
previously identified and with whom a
business relationship has been
established, is the same as the
individual who initially created the
relationship. This is generally done by
presenting information that is known
only to the individual and the
organization. Authentication is also a
security measure designed to establish
the validity of a transmission, message,
or originator, or a means of verifying an
individual’s authorization to receive
specific categories of information.
Computer network. The constituent
element of an enclave responsible for
connecting computing environments by
providing short-haul data transport
capabilities such as local or campus area
networks, or long-haul data transport
capabilities such as operational,
metropolitan, or wide area and
backbone networks.
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DoD information system. Set of
information resources organized for the
collection, storage, processing,
maintenance, use, sharing,
dissemination, disposition, display, or
transmission of information. Includes
automated information system
applications, enclaves, outsourced
information technology (IT)-based
processes, and platform IT
interconnections.
Electronic form. An officially
prescribed set of data residing in an
electronic medium that is used to
produce as near to a mirror-like image
as the creation software will allow of the
officially prescribed form. An electronic
form can also be one in which
prescribed fields for collecting data can
be integrated, managed, processed, and/
or transmitted through an organization’s
IT system. There are two types of
electronic forms: One that is part of an
automated transaction, and one whose
image and/or data elements reside on a
computer.
Form. A fixed arrangement of
captioned spaces designed for entering
and extracting prescribed information.
Forms may be preprinted paper forms or
electronic forms.
Identification. The act of establishing
who a person is. This is generally done
by the collection and review of certain
identity attributes, including but not
limited to: Name, SSN, address, and
date of birth. Identification is generally
associated with a business process and
includes establishing the relationship
based on the need or desire of an
individual to participate in the given
business process.
Privacy Impact Assessment (PIA). An
analysis of how information is handled:
To ensure handling conforms to
applicable legal, regulatory, and policy
requirements regarding privacy; to
determine the risks and effects of
collecting, maintaining, and
disseminating Personally Identifiable
Information (PII) information in an
electronic information system; and to
examine and evaluate protections and
alternative processes for handling
information to mitigate potential
privacy risks.
Record. All books, papers, maps,
photographs, machine readable
materials, or other documentary
materials, regardless of physical form or
characteristics, made or received by an
agency of the United States Government
under Federal law or in connection with
the transaction of public business and
preserved or appropriate for
preservation by that agency or its
legitimate successor as evidence of the
organization, functions, policies,
decisions, procedures, operations or
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other activities of the Government or
because of the information value of the
data in them.
Survey. An instrument designed to
gather data or attitudes by polling a
section of the population.
System. See definition of DoD
Information System.
System identifiers. Identifiers used for
system-to-system electronic
communications across the enterprise.
They are not to be declared by, nor in
fact generally known to, the person they
are assigned to. Their primary purpose
is to limit the ambiguity in identity
caused by human entry of declarative
identifiers (e.g., transpositions and
typographical errors that occur when
entering SSNs). Once they are assigned
they are used only for technology-totechnology communications and never
printed on any media. Their scope is
only for use within DoD.
System of records. A group of any
records under the control of any agency
from which information is retrieved by
the name of the individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual.
§ 157.4
Policy.
It is DoD policy that:
(a) All DoD personnel and contractors
shall reduce or eliminate the use of
SSNs wherever possible.
(b) Use of the SSN includes the SSN
in any form, including, but not limited
to, truncated, masked, partially masked,
encrypted, or disguised SSNs.
(c) SSNs will not be used in surveys,
spreadsheets, or hard copy lists. The
policy that SSNs will not be used in
surveys only includes survey responses.
(d) SSNs will be used only in
approved forms and systems when they
meet one or more of the acceptable use
criteria in § 157.6(b) of this part.
(e) Specific reviews of forms and
systems will be conducted to reduce
SSN use. Follow guidance in § 157.7
and § 157.8 of this part.
§ 157.5
Responsibilities.
(a) The Under Secretary of Defense for
Personnel and Readiness (USD (P&R))
shall establish a SSN Reduction Plan for
DoD and shall monitor its execution.
(b) The Director of Administration
and Management shall ensure that the
DoD Forms Management Officer and the
Director, Defense Privacy Office (DPO)
fulfill their responsibilities related to
the SSN Reduction Plan.
(1) The DoD Forms Management
Officer shall review SSN use and
justifications on new and existing
Department of Defense (DD) and
Secretary of Defense (SD) forms and
produce an annual report on results.
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(2) The Director, DPO, shall:
(i) Provide the final approval
authority for SSN use and justification.
The authorization for use of personally
identifiable information (PII) is
governed through the DoD Privacy
Program.
(ii) Review SSN use and justifications
on the DoD Information Technology
Portfolio Repository (DITPR) as part of
the Biennial Privacy Act System of
Records Notices Review and prepare an
annual report on results (see
§ 157.7(b)(2)(iii) of this part).
(iii) Submit the Privacy Section of the
annual Federal Information Security
Management Act (FISMA) Report. This
report requires agencies to review and
update their progress on the reduction
of holdings of PII. Provide specific
guidance annually to reflect the
reporting elements. FISMA elements are
subject to change. The DoD Component
Privacy Act offices are responsible for
providing input to the Defense Privacy
Office for inclusion in the report.
(c) The Heads of the DoD Components
shall review, or delegate responsibility
for review within their Component SSN
use and justifications for new and
existing Component-wide forms, and
produce an annual report on results in
accordance with the process described
in § 157.8(b)(2)(i) of this part. New and
existing command and installation level
forms also will be reviewed with limited
reporting in accordance with the
process described in § 157.8(b)(2)(ii) of
this part.
(d) The Commanders of the
Combatant Commands, through the
Chairman of the Joint Chiefs of Staff,
shall review and approve uses of the
SSN that are required as a result of
operational necessity.
(e) The IG, DoD, is requested to
review the implementation of the DoD
SSN Reduction Plan at key milestones
as reflected in § 157.7(c) of this part.
(a) Overview. (1) The SSN has been
used as a means to efficiently identify
and authenticate individuals. Expanded
use of the SSN has increased efficiency,
enabling DoD information systems and
processes to interoperate and transfer
information with a greatly reduced
chance of errors. However, the threat of
identity theft has rendered this widespread use unacceptable, resulting in
the requirement that all Federal
agencies evaluate how the SSN is used
and eliminate its unnecessary use
(President’s Task Force on Identity
Theft Strategic Plan 1 and Office of
Management and Budget (OMB) Memo
M–07–16 2).
(2) This guidance identifies the
acceptable uses of the SSN, describes
how authorized uses shall be
documented, presents alternatives to
using the SSN, and explains the role
Privacy Act training plays in protecting
privacy information within DoD. Any
uses of the SSN not provided for in this
guidance are considered to be
unnecessary and shall be eliminated.
Use of the SSN includes the SSN in any
form, including, but not limited to,
truncated (last four digits), masked,
partially masked, encrypted, or
disguised SSNs.
(b) Acceptable uses. (1) The
acceptable uses of the SSN are those
that are provided for by law, require
interoperability with organizations
beyond DoD, or are required by
operational necessities. Such
operational necessities may be the result
of the inability to alter systems,
processes, or forms due to cost or
unacceptable levels of risk. Those
systems, processes, or forms that claim
‘‘operational necessity’’ shall be closely
scrutinized. Ease of use or
unwillingness to change are not
acceptable justifications for this case.
(2) Executive Order 9397 required all
federal agencies to use the SSN as a
primary means of identification for
individuals working for, with, or
conducting business with their agency.
The requirement for the use of the SSN
provided by Executive Order 9397 has
been eliminated. Executive Order 9397
may be used to justify the use of the
SSN as an interim measure while its use
is being eliminated, but shall not, by
itself be used to constitute justification
for ongoing use of the SSN.
(3) What follows are general
categories of use that may continue to be
acceptable for the SSN. General
coverage of an application by one of the
following use cases must also be
compared with the particular way in
which the SSN is used. The fact that a
use case may loosely meet one or more
of the justifications does not necessarily
mean that a specific justification is
acceptable. The specific legislative or
regulatory language must be examined
to determine if it is applicable.
Justification for the use of the SSN to be
contained in an application does not
constitute authority to use the SSN in
every transaction or interaction. Any
transaction that includes the display,
transfer, or presentation of the SSN
should be closely scrutinized to
determine if some alternate form of
1 Available at https://www.idtheft.gov/reports/
strategicplan.pdf.
2 Available at https://www.whitehouse.gov/omb/
memoranda/fy2007/m07-16.pdf.
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§ 157.6
DoD.
Guidance on the use of the SSN by
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identification or authentication may
suffice.
(i) Geneva Conventions serial number.
As of the late 1960s, the SSN has served
as the Geneva Conventions serial
number for the Armed Forces of the
United States. Many of the systems,
processes, and forms used by DoD
categorize individuals by their SSNs. In
many cases, it is essential to be able to
identify individuals for the purpose of
the Geneva Conventions. In addition, it
may be necessary to access this number
at short notice.
(ii) Law enforcement, national
security, credentialing. Almost every
law enforcement application must be
able to report and track individuals
through the use of the SSN. This
includes, but is not limited to, checks of
the National Crime Information Center;
state criminal histories; and Federal
Bureau of Investigation records checks.
(iii) Security clearance investigation
or verification. The initiation, conduct,
or verification of security clearances
requires the use of the SSN. The SSN is
the single identifier that links all of the
aspects of these investigations together.
This use case is also linked to other
Federal agencies that continue to use
the SSN as a primary identifier.
(iv) Interactions with financial
institutions. Federal law requires that
individuals who hold accounts with
financial institutions provide the SSN as
part of the process to open accounts. It
may therefore be required to provide the
SSN for systems, processes, or forms
that interface with or act on behalf of
individuals or organizations in
transactions with financial institutions.
(v) Confirmation of employment
eligibility. Federal statute requires that
all persons employed within the United
States provide an SSN or comparable
identifier to prove that he or she is
eligible to work for or with the
government of the United States. Any
system that deals with employment
eligibility may contain the SSN.
(vi) Administration of Federal
Worker’s Compensation. The Federal
Worker’s Compensation Program
continues to track individuals through
the use of the SSN. As such, systems,
processes, or forms that interact with or
provide information for the
administration of this system or
associated systems may be required to
retain the SSN.
(vii) Federal taxpayer identification
number. The application of Federal and
State income tax programs rely on the
use of the SSN. As such, systems that
have any function that pertains to the
collection, payment, or record keeping
of this use case may contain the SSN.
Additionally, individuals who operate
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business vehicles under their own name
may use their SSN as the tax number for
that business function.
(viii) Computer matching. Systems,
processes, or forms that interact with
other Government agencies may require
the continued use of the SSN as a
primary identifier until such time as the
applications to which they are linked
move to some other identifier as a
primary means for transferring,
matching, or checking information.
These applications shall be rigorously
scrutinized to determine the availability
of some other means for conducting
these transactions.
(ix) Foreign travel. DoD personnel are
often required to travel beyond the
borders of the United States and many
members often require official clearance
prior to travel. Currently, the SSN is
used as the identifier for these purposes.
(x) Noncombatant evacuation
operations (NEOs). The Department of
State requires that all persons
repatriated to the United States as part
of a NEO present their SSN as part of
this process. Any systems, forms, or
processes supporting NEOs may be
required to process individuals using
the SSN as the primary identifier.
(xi) Legacy system interface. Many
systems, processes, or forms that do not
meet the criteria in paragraphs (b)(3)(i)
through (b)(3)(x) of this section for the
continued use of the SSN may not be
able to transition to another identifier in
a timely manner due to the excessive
cost associated with the change. In these
cases, the continued use of the SSN may
be acceptable for a specified period of
time, provided that plans are in place
for the migration away from the SSN in
the future. Plans to alter these use cases
must take into account interactions with
other applications as well as all
methods for entry, processing, or
transfer of information from said
application. It is critical that transfer
away from the SSN does not cause
unacceptably long interruptions to
continued operations.
(xii) Operational necessity. It is not
the intention of this part to preclude
operational capabilities. In austere or
tactical environments where continuity
of operations requires the use of SSN, to
include the use of hard copy lists and
spreadsheets, approval can be granted
that supersede normal requirements. An
example of this may include a system in
a tactical environment where hard
copies are used in the event of a loss of
power to the system. To ensure that this
is only used in cases of absolute
necessity, justification of this use case
must be approved by the Combatant
Commander. The higher risk and
increased liability to our Service
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members and the Department should be
strongly considered prior to granting
approval using this category of
justification.
(xiii) Other cases. The previous
categories may not include all uses of
the SSN delineated by law. Should an
application owner be able to show
sufficient grounds that a use case not
specified in paragraphs (b)(3)(i) through
(b)(3)(x) of this section is required by
law, then that use case may continue to
use the SSN. Any application that seeks
to use this clause as justification must
provide specific documentation in order
to continue use under this provision.
(c) Documenting authorized uses. (1)
Any system, process, or form that
collects, transfers, or retains PII must
properly document the authority for that
use. This includes, but is not limited to,
justification for the collection, retention,
or use of the SSN. It is unacceptable to
collect, retain, or transfer PII without
such justification. The authorization for
use of PII is governed through 32 CFR
part 310. In addition to the
documentation required for the use of
PII, the use of the SSN as part of any
collection, transfer, or retention must be
specifically documented and justified.
This documentation shall include
justification per paragraph (b)(3) of this
section as well as any specific
legislative requirements for use of the
SSN. The method by which this is
documented shall be consistent with
existing program requirements. Forms,
processes, or systems, to include any
locally created applications, must be
properly documented. Additionally, if
the SSN (or other personal identifier) is
used to retrieve information, a Privacy
Act system of record notice must exist
or be established prior to its use per 32
CFR part 310. The Defense Privacy
Office will work with the DoD
Component privacy official to develop
the notice and forward for publication
in the Federal Register. Individuals who
choose to use PII without proper
documentation may be in violation of
section 552a of title 5, Unites States
Code and may be held accountable to
the stated consequences.
(2) Forms used to collect PII shall be
coordinated with the DoD Component’s
Privacy Act officer. The DD Form 67,
‘‘Forms Processing Action Request,’’ 3
submitted by the DoD Component to
create or revise a form, shall provide the
name, initials, office symbol, and
telephone number of the coordinating
DoD Component Privacy Act officer and
the system of records number entered.
Copies of the justification to collect PII
and systems of records notice are
included with the DD Form 67.
(3) Documentation for this
justification shall be retained and
available upon request.
(d) Alternatives. One of the primary
reasons that many systems, processes,
and forms shifted to use of the SSN is
that it provided greater efficiency and
required individuals to remember a
single identifier. To counteract the
vulnerability that this expanded use of
the SSN created, alternatives to the SSN
shall be used whenever possible. The
following list is not meant to be
definitive. For assistance in situations
which are not specified, contact the
Defense Manpower Data Center
(acossntigerteam@osd.pentagon.mil).
Alternatives include:
(1) Electronic Data Interchange—
Personal Identifier (EDI–PI).
(i) The EDI–PI is a unique system
identifier that is used for machine-tomachine transactions by DoD. In the
Defense Enrollment Eligibility Reporting
System, the central repository for DoD
personnel data, the EDI–PI is used as the
primary identifier for all individuals. It
is not a number that is known to the
individuals, and it is never intended
that the EDI–PI be used outside of
machine-to-machine transactions.
(ii) The EDI–PI is the personal unique
identifier used as part of the Cardholder
Unique Identifier, which is part of the
Homeland Security Presidential
Directive-12 4 solution for DoD. As such,
it may be used as an identifier when the
CAC is used to electronically
authenticate an individual. A greater
shift to electronic authentication would
reduce the use of the SSN and provide
greater security for transactions.
(2) System-specific identifiers. In use
cases that are linked to a limited
number of other applications, the best
opportunity may be to create a unique
identifier for those uses. In particular,
for situations in which members of the
public are required to gain access,
particularly on a temporary basis, this
may solve many privacy concerns.
(3) Net-centric environment. A
growing number of systems and
processes are relying on authentication
of individuals with a minimum of
collection and storage of PII. These
systems and processes rely on an
authoritative data source as the storage
of this PII, and access to that
information is granted on an ‘‘as needed’’
basis.
(4) Elimination of identifier. Many
instances where the SSN is collected or
used may be able to be eliminated. The
3 Available at https://www.dtic.mil/whs/directives/
infomgt/forms/eforms/dd0067.pdf.
4 Available at https://www.whitehouse.gov/news/
releases/2004/08/20040827-8.html.
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technology associated with newer
applications is such that it is possible to
specifically identify individuals through
other pieces of information, negating the
need for a unique identifier. This is
particularly true of applications that are
finite in scope and do not interoperate
with other applications.
(5) Biometrics. Biometrics is an
enabling tool that can be used as part of
a multi-factor authentication process. As
an authentication factor, biometrics
leverages ‘‘something one is’’ (as
opposed to ‘‘something one has’’ (e.g., a
CAC with PKI certificates) and
‘‘something one knows’’ (e.g., a PIN)),
and it cannot be shared or easily
compromised. While biometrics first
requires an initial enrollment and thus
cannot perform the role of initial
identification, it can be used for
continuing authentication in
circumstances other than network
access. (See https://
www.biometrics.dod.mil/for more
information.)
(6) Situational elimination/protection.
As previously stated, authority to
collect, maintain, or use the SSN does
not constitute blanket approval to use
the SSN throughout the business
process. Every report, display, printout,
and transaction shall be reviewed to
determine the requirement for the use of
the SSN. If there is not a requirement for
the SSN at that point, an alternative
shall be found or the use should be
eliminated. If where there is a
requirement, determine whether the use
can be further protected through
truncation or masking.
(e) Training. It is vital to DoD that the
collection, retention, storage, use, and
disposal of PII be handled appropriately
and only by individuals who are
qualified to do so. To ensure that all
personnel are so trained, 32 CFR part
310 requires that, prior to operating
systems that contain or use PII,
individuals be trained on appropriate
handling. In addition to this use-specific
training, 32 CFR part 310 requires DoD
Components and subordinate
organizations to have training programs
that promote strong precautions and
heightened awareness for the handling
of PII. Properly completing and
documenting this training is essential to
reducing the chance of loss or breach of
PII and the consequences thereof.
§ 157.7 DoD SSN reduction in forms and
systems.
(a) DoD Forms—(1) Use of SSN in
DoD forms—(i) New forms—(A) Action
Officer requirements. (1) Provide
justification for using SSNs. (See
§ 157.6(b) for acceptable uses.)
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(2) If justified, indicate if the SSN can
be truncated or masked.
(3) Relate the form to a system of
records, PIA, and the DoD Information
Technology Portfolio Repository
(DITPR) ID number, as applicable.
(B) Signing SSN justifications. Senior
Executive Service (SES) grade official or
a general flag officer or equivalent
signature is required (see § 157.8(c) of
this part).
(C) Requirement for reviewing SSN
justifications.
(1) For DD and SD forms, the
justifications shall be reviewed by the
DoD Forms Management Officer, who
shall consult with the DPO.
(2) For DoD Component forms, the
justifications shall be reviewed by the
Component Forms Management Officer,
who shall consult with the DoD
Component privacy officials.
(3) For command and installation
forms, the justifications shall be
reviewed at least one administrative
level above the senior signing official.
(ii) Existing forms.
(A) One-time review of SSN use and
justification.
(1) The DoD Forms Management
Officer shall conduct a review of all DD
and SD forms to ensure compliance
with the guidance in § 157.6 of this part.
(2) The DoD Component Forms
Management Officers shall conduct
reviews of all Component forms to
ensure compliance with the guidance in
§ 157.6 of this part.
(3) For command and installation
forms, the appropriate forms
management officers shall conduct
reviews to ensure compliance with the
guidance in § 157.6 of this part.
(4) Where a justification for SSN use
is rejected, the action officer will
prepare a plan, to include milestones
and a timeline, for the elimination of
SSN usage (see § 157.8(d) of this part).
The final date for SSN elimination will
be provided to the DoD Forms
Management Officer.
(B) Periodic review of SSN use and
justification. SSN use and justification
review shall be an added feature of the
current periodic review process for all
forms. This periodic review should be
no less frequent than the Biennial
Privacy Act System of Records Review.
(2) Reporting results—(i) New forms.
(A) For DD and SD forms, the DoD
Forms Management Officer shall
maintain a database to produce an
annual report as of July 1. This report
shall be an input into the Privacy
section of the annual FISMA Report as
required by subchapter III, chapter 35 of
title 44, United States Code. The annual
report shall contain the following
elements:
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(1) Number of forms reviewed.
(2) Number of forms requesting SSNs.
(3) Number of SSN justifications
accepted and rejected.
(4) Identify forms where SSNs were
not allowed.
(5) Identify forms where SSN was
masked or truncated.
(B) For DoD Component forms, the
Components’ forms management
officers shall maintain a similar
database as the DoD Forms Management
Officer and produce the same report for
their Components every July 1 for
inclusion into the Privacy section of the
annual FISMA Report.
(C) For command and installation
forms, no database shall be required
with the exception of annual reporting
on July 1 on success stories for forms
where SSNs were requested but
rejected. In the case where a DoD
Component maintains command and
installation data, it can also be reported
in its annual report.
(ii) Existing forms. (A) For DD and SD
forms, the DoD Forms Management
Officer shall report the results of both
the one-time initial review of existing
forms and the periodic reviews for input
into the FISMA Report. This report shall
include the following elements:
(1) Total number of forms in the
database.
(2) Number of forms reviewed.
(3) Number of forms containing SSNs.
(4) Number of forms where
justifications were questioned.
(5) Number of SSN justifications
accepted and rejected.
(6) Identify forms where SSNs were
not allowed.
(7) Identify forms where SSN was
masked or truncated.
(B) The DoD Component forms
management officers shall provide the
same information as the DoD Forms
Management Officer for their
Components as input into the FISMA
Report.
(C) At the command and installation
levels no reports are required, with the
exception of specific examples where
SSNs were eliminated or better masked,
unless the DoD Component collects data
at this level.
(3) Schedule. Annually, on July 1,
produce all data and reports related to
new and existing forms at all levels.
(b) DoD Systems—(1) DITPR. (i) The
DITPR is a key tool in the plan to reduce
SSN use in DoD systems.
(ii) All data elements in the DITPR
relating to SSNs are mandatory data
fields and shall be completely filled out
by all DoD Components.
(iii) All automated systems containing
SSNs shall be included in the DITPR
according to the Chief Information
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Officer/Network and Information
Integration (CIO/NII) DoD IT Portfolio
Repository and DoD Secret Internet
Protocol Router Network (SIPRNET) IT
Registry Guidance, 2007–2008 5.
(iv) Two new fields were added in
October 2007:
(A) Does this system (or initiative)
contain SSNs (full or truncated) or use
SSNs in the system?
(B) What is the justification for using
SSNs? (This field should be consistent
with the categories of acceptable use of
SSNs in § 157.6(b) of this part and
specific legislative requirements.)
(2) SSNs in Systems Report review
process. The initial SSNs in Systems
Report, prepared by the DPO using the
process detailed in paragraphs (b)(2)(i)
through (b)(2)(iii)(E) of this section,
shall be due with DoD Privacy FISMA
reporting requirements. Thereafter, DPO
shall submit a report annually for input
into the Privacy section of the annual
FISMA Report, as part of the Biennial
Privacy Act System of Records Review.
Since this review is on a biennial review
schedule, the DPO shall produce a
biennial schedule for the system
reviews. The review and reporting
process is as follows:
(i) Systems senior official (general flag
officer or SES equivalent) signs off on
SSN justification (see § 157.8(c) of this
part).
(ii) DPO reviews SSN justifications as
an extension of the Biennial Privacy Act
System of Records Notices Review.
Where a justification for SSN use is
rejected, the action officer will prepare
a plan, to include milestones and a
timeline, for the elimination of SSN
usage (see § 157.8(d) of this part). The
final date for SSN elimination will be
provided by the DoD Component
Privacy Officials to the DPO.
(iii) DPO prepares its annual report
according to the annual FISMA
schedule. This report shall include the
following elements and include any
new elements as required:
(A) Total number of IT systems in
DITPR.
(B) Total number of IT systems with
SSNs.
(C) Total number of IT systems with
SSNs reviewed.
(D) Total number of IT systems with
SSNs approved and disapproved.
(E) Identification of IT systems
disapproved.
(c) IG review. (1) The IG, DoD and the
Service audit agencies are requested to
review the implementation of the DoD
SSN Reduction Plan at key milestones
as reflected in this document. The new
5 Copies of this document are may be obtained by
contacting DoD CIO (IT Policy) at 703–601–4729.
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internal controls established in the DoD
SSN Reduction Plan may be considered
for review as ‘‘Command Interest Items.’’
(2) For DoD systems, the following
issues are requested to be reviewed:
(i) Are all IT systems with SSNs being
registered in DITPR?
(ii) Are there SSN justifications for
systems in DITPR?
(iii) Are there senior reviews of SSN
justifications?
(iv) Have the actual reported results
been accurate?
(v) Are Privacy Act system of records
reviews conducted quarterly to comply
with the Biennial Privacy Act System of
Records Notices Review?
(3) For DoD forms, the following
issues are requested to be reviewed:
(i) Has every organizational level
followed the procedures required in the
SSN Reduction Plan?
(ii) Are there SSN justifications for
forms?
(iii) Are there senior reviews of SSN
justifications?
(iv) Have the actual reported results
been accurate?
§ 157.8
Approval for use of the SSN.
(a) Acceptable uses. (1) The general
list of acceptable uses of the SSN is
listed in § 157.6(b) of this part as well
as specific legislative requirements.
(2) A guide to laws requiring the use
of the SSN can be found on the DoD
Privacy Office Web site (https://
www.defenselink.mil/privacy/). This list
is merely a guide and may not cover
every law.
(3) Another place to locate legal
authority that may provide acceptable
justification for the use of the SSN may
be found in the appropriate System of
Records Notice or PIA.
(b) Documentation—(1) DITPR. (i)
The DITPR requires all DoD information
systems to state whether or not the
system collects SSNs.
(ii) Acceptable justification shall be
annotated in the appropriate DITPR
field.
(iii) In cases where the justification is
‘‘Other Uses,’’ appropriate explanation of
the supporting legal authority and the
particular use case shall be entered into
the Comment field.
(iv) Where continued use of the SSN
is rejected by the DPO, a plan will be
developed for the removal of the SSN
and shall be maintained by the action
officer.
(2) Forms. (i) Requesting the use of
SSNs will be part of the forms approval
process, including the use of DD Form
67.
(ii) Requesting the use of SSNs shall
include supporting documentation
described in paragraph (a) of this
section.
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9553
(iii) Reviewing of all forms shall be
completed in accordance with DoD
Instruction 7750.07 6.
(c) SES or General Flag Officer
concurrence. (1) Senior official
concurrence for the use of the SSN shall
be documented in a Memorandum for
the Record (MFR). (See Appendix A to
this part.)
(2) The MFR shall include the
following information:
(i) Name of the DoD information
system or name and number of the form
which will collect, use, maintain, and or
disclose the SSN.
(ii) Specific use case which grants
authority for use of the SSN.
(iii) Citation of statutory requirement
for the use of the SSN.
(iv) Appropriate system or form
supporting documentation, i.e., System
of Records Notice or Certification and
Accreditation
(v) Security precautions to be taken to
reduce exposure of SSN.
(vi) If continued use of the SSN is not
justified by legislative requirement, a
plan to eliminate the use of the SSN as
described in paragraph (d) of this
section.
(3) In cases where the justification for
the use of SSNs is operational necessity,
approval must be from the Combatant
Commander. Because this use case is
intended for tactical situations, the
approval does not need to be
documented with an official
memorandum. The format of the
approval should be consistent with
mechanism available and documented
as applicable.
(d) Plan to eliminate use of the SSN.
(1) Any use of the SSN that cannot be
justified through appropriate legal
authorities must be eliminated.
(2) Elimination of the use of SSN
should be completed consistent with the
existing life cycle to reduce impact on
operations and decrease overall cost.
(3) The plan to eliminate the use of
the SSN shall include the following
information.
(i) Alternative being used to replace
function for which SSNs have been
used.
(ii) Associated forms and systems
which will be affected by elimination of
SSN.
(iii) Mitigation strategy to reduce or
eliminate affects of removal of SSN in
conjunction with associated forms or
systems.
(iv) Timeline, with milestones, for
removal of the SSN.
(v) Where elimination is not to occur
immediately, include interim measures
to provide additional protection of SSN.
6 Available at https://www.dtic.mil/whs/directives/
corres/pdf/775007p.pdf.
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(vi) Where elimination is dependent
on changes to other systems and/or
forms, include efforts made to work
with owners of those systems and/or
forms to collaborate and eliminate the
use of SSNs.
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(4) An example of an Elimination Plan
can be seen in Appendix B to this part.
§ 157.9
Reporting requirements.
The FISMA Report has been assigned
Report Control Symbol (RCS) DD–NII
(Q,A) 2296. The Privacy Act Program
reporting requirements have been
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assigned RCS DD–DA&M(AR) 1379.
These reporting requirements have been
approved and assigned a RCS number in
accordance with DoD 8910.1–M.7
BILLING CODE 5001–06–P
7 Available at https://www.dtic.mil/whs/directives/
corres/pdf/891001m.pdf.
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Appendix A to Part 157—Sample SSN
Justification Memorandum
9556
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Appendix B to Part 157—Sample SSN
Elimination Plan
Dated: February 23, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2010–4290 Filed 3–2–10; 8:45 am]
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BILLING CODE 5001–06–C
Agencies
[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Proposed Rules]
[Pages 9548-9556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4290]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 157
[DoD-2008-OS-0075; RIN 0790-AI33]
Reduction of Use of Social Security Numbers (SSN) in the
Department of Defense (DoD)
AGENCY: Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule establishes policy and assigns
responsibilities for social security number (SSN) reduction in DoD. It
incorporates Office of the Under Secretary of Defense for Personnel and
Readiness Directive-type Memorandum titled ``DoD Social Security Number
(SSN) Reduction Plan.''
DATES: Comments must be received by May 3, 2010.
ADDRESSES: You may submit comments, identified by docket number and/or
the Regulatory Information Number (RIN) number and title, by any of the
following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at https://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Andrew Uscher, 703-696-0109.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been certified that 32 CFR part 157 does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribunal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 157 does not contain a
Federal mandate that may result in the expenditure by State, local and
tribunal governments, in aggregate, or by the private sector, of $100
million or more in any 1 year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 157 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule establishes policy and assigns
responsibilities for SSN reduction in DoD.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 157 does not impose
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 157 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 157
Privacy, Security measures, Social Security numbers.
Accordingly, 32 CFR part 157 is proposed to be added to read as
follows:
PART 157--REDUCTION OF USE OF SOCIAL SECURITY NUMBERS (SSN) IN THE
DEPARTMENT OF DEFENSE (DOD)
Sec.
157.1 Purpose.
157.2 Applicability.
157.3 Definitions.
157.4 Policy.
157.5 Responsibilities.
157.6. Guidance on the use of the SSN by the DoD.
157.7. DoD SSN reduction in forms and systems.
157.8. Approval for use of the SSN.
157.9 Information requirements.
[[Page 9549]]
Appendix A to Part 157--Sample SSN Justification Memorandum
Appendix B to Part 157--Sample SSN Elimination Plan
Authority: 5 U.S.C. 301.
Sec. 157.1 Purpose.
This part establishes policy and assign responsibilities for social
security number (SSN) reduction in the Department of Defense (DoD). It
establishes a DoD SSN Reduction Plan.
Sec. 157.2 Applicability.
This part:
(a) Applies to the Office of the Secretary of Defense, the Military
Departments, the Office of the Chairman of the Joint Chiefs of Staff
and the Joint Staff, the Combatant Commands, the Office of the
Inspector General of the Department of Defense (IG, DoD), the Defense
Agencies, the DoD Field Activities, and all other organizational
entities within DoD (hereafter referred to collectively as the ``DoD
Components'').
(b) Covers all uses of SSNs within DoD, to include DoD data managed
or retained in contractor-owned, -managed, or -operated systems
according to section 552a of title 5, United States Code.
Sec. 157.3 Definitions.
These terms and their definitions are for the purpose of this part.
Application. Software program that performs a specific function
directly for a user and can be executed without access to system
control, monitoring, or administrative privileges. Examples include
office automation, electronic mail, Web services, and major functional
or mission software programs.
Authentication. The process of establishing that an individual,
previously identified and with whom a business relationship has been
established, is the same as the individual who initially created the
relationship. This is generally done by presenting information that is
known only to the individual and the organization. Authentication is
also a security measure designed to establish the validity of a
transmission, message, or originator, or a means of verifying an
individual's authorization to receive specific categories of
information.
Computer network. The constituent element of an enclave responsible
for connecting computing environments by providing short-haul data
transport capabilities such as local or campus area networks, or long-
haul data transport capabilities such as operational, metropolitan, or
wide area and backbone networks.
DoD information system. Set of information resources organized for
the collection, storage, processing, maintenance, use, sharing,
dissemination, disposition, display, or transmission of information.
Includes automated information system applications, enclaves,
outsourced information technology (IT)-based processes, and platform IT
interconnections.
Electronic form. An officially prescribed set of data residing in
an electronic medium that is used to produce as near to a mirror-like
image as the creation software will allow of the officially prescribed
form. An electronic form can also be one in which prescribed fields for
collecting data can be integrated, managed, processed, and/or
transmitted through an organization's IT system. There are two types of
electronic forms: One that is part of an automated transaction, and one
whose image and/or data elements reside on a computer.
Form. A fixed arrangement of captioned spaces designed for entering
and extracting prescribed information. Forms may be preprinted paper
forms or electronic forms.
Identification. The act of establishing who a person is. This is
generally done by the collection and review of certain identity
attributes, including but not limited to: Name, SSN, address, and date
of birth. Identification is generally associated with a business
process and includes establishing the relationship based on the need or
desire of an individual to participate in the given business process.
Privacy Impact Assessment (PIA). An analysis of how information is
handled: To ensure handling conforms to applicable legal, regulatory,
and policy requirements regarding privacy; to determine the risks and
effects of collecting, maintaining, and disseminating Personally
Identifiable Information (PII) information in an electronic information
system; and to examine and evaluate protections and alternative
processes for handling information to mitigate potential privacy risks.
Record. All books, papers, maps, photographs, machine readable
materials, or other documentary materials, regardless of physical form
or characteristics, made or received by an agency of the United States
Government under Federal law or in connection with the transaction of
public business and preserved or appropriate for preservation by that
agency or its legitimate successor as evidence of the organization,
functions, policies, decisions, procedures, operations or other
activities of the Government or because of the information value of the
data in them.
Survey. An instrument designed to gather data or attitudes by
polling a section of the population.
System. See definition of DoD Information System.
System identifiers. Identifiers used for system-to-system
electronic communications across the enterprise. They are not to be
declared by, nor in fact generally known to, the person they are
assigned to. Their primary purpose is to limit the ambiguity in
identity caused by human entry of declarative identifiers (e.g.,
transpositions and typographical errors that occur when entering SSNs).
Once they are assigned they are used only for technology-to-technology
communications and never printed on any media. Their scope is only for
use within DoD.
System of records. A group of any records under the control of any
agency from which information is retrieved by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual.
Sec. 157.4 Policy.
It is DoD policy that:
(a) All DoD personnel and contractors shall reduce or eliminate the
use of SSNs wherever possible.
(b) Use of the SSN includes the SSN in any form, including, but not
limited to, truncated, masked, partially masked, encrypted, or
disguised SSNs.
(c) SSNs will not be used in surveys, spreadsheets, or hard copy
lists. The policy that SSNs will not be used in surveys only includes
survey responses.
(d) SSNs will be used only in approved forms and systems when they
meet one or more of the acceptable use criteria in Sec. 157.6(b) of
this part.
(e) Specific reviews of forms and systems will be conducted to
reduce SSN use. Follow guidance in Sec. 157.7 and Sec. 157.8 of this
part.
Sec. 157.5 Responsibilities.
(a) The Under Secretary of Defense for Personnel and Readiness (USD
(P&R)) shall establish a SSN Reduction Plan for DoD and shall monitor
its execution.
(b) The Director of Administration and Management shall ensure that
the DoD Forms Management Officer and the Director, Defense Privacy
Office (DPO) fulfill their responsibilities related to the SSN
Reduction Plan.
(1) The DoD Forms Management Officer shall review SSN use and
justifications on new and existing Department of Defense (DD) and
Secretary of Defense (SD) forms and produce an annual report on
results.
[[Page 9550]]
(2) The Director, DPO, shall:
(i) Provide the final approval authority for SSN use and
justification. The authorization for use of personally identifiable
information (PII) is governed through the DoD Privacy Program.
(ii) Review SSN use and justifications on the DoD Information
Technology Portfolio Repository (DITPR) as part of the Biennial Privacy
Act System of Records Notices Review and prepare an annual report on
results (see Sec. 157.7(b)(2)(iii) of this part).
(iii) Submit the Privacy Section of the annual Federal Information
Security Management Act (FISMA) Report. This report requires agencies
to review and update their progress on the reduction of holdings of
PII. Provide specific guidance annually to reflect the reporting
elements. FISMA elements are subject to change. The DoD Component
Privacy Act offices are responsible for providing input to the Defense
Privacy Office for inclusion in the report.
(c) The Heads of the DoD Components shall review, or delegate
responsibility for review within their Component SSN use and
justifications for new and existing Component-wide forms, and produce
an annual report on results in accordance with the process described in
Sec. 157.8(b)(2)(i) of this part. New and existing command and
installation level forms also will be reviewed with limited reporting
in accordance with the process described in Sec. 157.8(b)(2)(ii) of
this part.
(d) The Commanders of the Combatant Commands, through the Chairman
of the Joint Chiefs of Staff, shall review and approve uses of the SSN
that are required as a result of operational necessity.
(e) The IG, DoD, is requested to review the implementation of the
DoD SSN Reduction Plan at key milestones as reflected in Sec. 157.7(c)
of this part.
Sec. 157.6 Guidance on the use of the SSN by DoD.
(a) Overview. (1) The SSN has been used as a means to efficiently
identify and authenticate individuals. Expanded use of the SSN has
increased efficiency, enabling DoD information systems and processes to
interoperate and transfer information with a greatly reduced chance of
errors. However, the threat of identity theft has rendered this wide-
spread use unacceptable, resulting in the requirement that all Federal
agencies evaluate how the SSN is used and eliminate its unnecessary use
(President's Task Force on Identity Theft Strategic Plan \1\ and Office
of Management and Budget (OMB) Memo M-07-16 \2\).
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\1\ Available at https://www.idtheft.gov/reports/strategicplan.pdf.
\2\ Available at https://www.whitehouse.gov/omb/memoranda/fy2007/m07-16.pdf.
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(2) This guidance identifies the acceptable uses of the SSN,
describes how authorized uses shall be documented, presents
alternatives to using the SSN, and explains the role Privacy Act
training plays in protecting privacy information within DoD. Any uses
of the SSN not provided for in this guidance are considered to be
unnecessary and shall be eliminated. Use of the SSN includes the SSN in
any form, including, but not limited to, truncated (last four digits),
masked, partially masked, encrypted, or disguised SSNs.
(b) Acceptable uses. (1) The acceptable uses of the SSN are those
that are provided for by law, require interoperability with
organizations beyond DoD, or are required by operational necessities.
Such operational necessities may be the result of the inability to
alter systems, processes, or forms due to cost or unacceptable levels
of risk. Those systems, processes, or forms that claim ``operational
necessity'' shall be closely scrutinized. Ease of use or unwillingness
to change are not acceptable justifications for this case.
(2) Executive Order 9397 required all federal agencies to use the
SSN as a primary means of identification for individuals working for,
with, or conducting business with their agency. The requirement for the
use of the SSN provided by Executive Order 9397 has been eliminated.
Executive Order 9397 may be used to justify the use of the SSN as an
interim measure while its use is being eliminated, but shall not, by
itself be used to constitute justification for ongoing use of the SSN.
(3) What follows are general categories of use that may continue to
be acceptable for the SSN. General coverage of an application by one of
the following use cases must also be compared with the particular way
in which the SSN is used. The fact that a use case may loosely meet one
or more of the justifications does not necessarily mean that a specific
justification is acceptable. The specific legislative or regulatory
language must be examined to determine if it is applicable.
Justification for the use of the SSN to be contained in an application
does not constitute authority to use the SSN in every transaction or
interaction. Any transaction that includes the display, transfer, or
presentation of the SSN should be closely scrutinized to determine if
some alternate form of identification or authentication may suffice.
(i) Geneva Conventions serial number. As of the late 1960s, the SSN
has served as the Geneva Conventions serial number for the Armed Forces
of the United States. Many of the systems, processes, and forms used by
DoD categorize individuals by their SSNs. In many cases, it is
essential to be able to identify individuals for the purpose of the
Geneva Conventions. In addition, it may be necessary to access this
number at short notice.
(ii) Law enforcement, national security, credentialing. Almost
every law enforcement application must be able to report and track
individuals through the use of the SSN. This includes, but is not
limited to, checks of the National Crime Information Center; state
criminal histories; and Federal Bureau of Investigation records checks.
(iii) Security clearance investigation or verification. The
initiation, conduct, or verification of security clearances requires
the use of the SSN. The SSN is the single identifier that links all of
the aspects of these investigations together. This use case is also
linked to other Federal agencies that continue to use the SSN as a
primary identifier.
(iv) Interactions with financial institutions. Federal law requires
that individuals who hold accounts with financial institutions provide
the SSN as part of the process to open accounts. It may therefore be
required to provide the SSN for systems, processes, or forms that
interface with or act on behalf of individuals or organizations in
transactions with financial institutions.
(v) Confirmation of employment eligibility. Federal statute
requires that all persons employed within the United States provide an
SSN or comparable identifier to prove that he or she is eligible to
work for or with the government of the United States. Any system that
deals with employment eligibility may contain the SSN.
(vi) Administration of Federal Worker's Compensation. The Federal
Worker's Compensation Program continues to track individuals through
the use of the SSN. As such, systems, processes, or forms that interact
with or provide information for the administration of this system or
associated systems may be required to retain the SSN.
(vii) Federal taxpayer identification number. The application of
Federal and State income tax programs rely on the use of the SSN. As
such, systems that have any function that pertains to the collection,
payment, or record keeping of this use case may contain the SSN.
Additionally, individuals who operate
[[Page 9551]]
business vehicles under their own name may use their SSN as the tax
number for that business function.
(viii) Computer matching. Systems, processes, or forms that
interact with other Government agencies may require the continued use
of the SSN as a primary identifier until such time as the applications
to which they are linked move to some other identifier as a primary
means for transferring, matching, or checking information. These
applications shall be rigorously scrutinized to determine the
availability of some other means for conducting these transactions.
(ix) Foreign travel. DoD personnel are often required to travel
beyond the borders of the United States and many members often require
official clearance prior to travel. Currently, the SSN is used as the
identifier for these purposes.
(x) Noncombatant evacuation operations (NEOs). The Department of
State requires that all persons repatriated to the United States as
part of a NEO present their SSN as part of this process. Any systems,
forms, or processes supporting NEOs may be required to process
individuals using the SSN as the primary identifier.
(xi) Legacy system interface. Many systems, processes, or forms
that do not meet the criteria in paragraphs (b)(3)(i) through (b)(3)(x)
of this section for the continued use of the SSN may not be able to
transition to another identifier in a timely manner due to the
excessive cost associated with the change. In these cases, the
continued use of the SSN may be acceptable for a specified period of
time, provided that plans are in place for the migration away from the
SSN in the future. Plans to alter these use cases must take into
account interactions with other applications as well as all methods for
entry, processing, or transfer of information from said application. It
is critical that transfer away from the SSN does not cause unacceptably
long interruptions to continued operations.
(xii) Operational necessity. It is not the intention of this part
to preclude operational capabilities. In austere or tactical
environments where continuity of operations requires the use of SSN, to
include the use of hard copy lists and spreadsheets, approval can be
granted that supersede normal requirements. An example of this may
include a system in a tactical environment where hard copies are used
in the event of a loss of power to the system. To ensure that this is
only used in cases of absolute necessity, justification of this use
case must be approved by the Combatant Commander. The higher risk and
increased liability to our Service members and the Department should be
strongly considered prior to granting approval using this category of
justification.
(xiii) Other cases. The previous categories may not include all
uses of the SSN delineated by law. Should an application owner be able
to show sufficient grounds that a use case not specified in paragraphs
(b)(3)(i) through (b)(3)(x) of this section is required by law, then
that use case may continue to use the SSN. Any application that seeks
to use this clause as justification must provide specific documentation
in order to continue use under this provision.
(c) Documenting authorized uses. (1) Any system, process, or form
that collects, transfers, or retains PII must properly document the
authority for that use. This includes, but is not limited to,
justification for the collection, retention, or use of the SSN. It is
unacceptable to collect, retain, or transfer PII without such
justification. The authorization for use of PII is governed through 32
CFR part 310. In addition to the documentation required for the use of
PII, the use of the SSN as part of any collection, transfer, or
retention must be specifically documented and justified. This
documentation shall include justification per paragraph (b)(3) of this
section as well as any specific legislative requirements for use of the
SSN. The method by which this is documented shall be consistent with
existing program requirements. Forms, processes, or systems, to include
any locally created applications, must be properly documented.
Additionally, if the SSN (or other personal identifier) is used to
retrieve information, a Privacy Act system of record notice must exist
or be established prior to its use per 32 CFR part 310. The Defense
Privacy Office will work with the DoD Component privacy official to
develop the notice and forward for publication in the Federal Register.
Individuals who choose to use PII without proper documentation may be
in violation of section 552a of title 5, Unites States Code and may be
held accountable to the stated consequences.
(2) Forms used to collect PII shall be coordinated with the DoD
Component's Privacy Act officer. The DD Form 67, ``Forms Processing
Action Request,'' \3\ submitted by the DoD Component to create or
revise a form, shall provide the name, initials, office symbol, and
telephone number of the coordinating DoD Component Privacy Act officer
and the system of records number entered. Copies of the justification
to collect PII and systems of records notice are included with the DD
Form 67.
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(3) Documentation for this justification shall be retained and
available upon request.
(d) Alternatives. One of the primary reasons that many systems,
processes, and forms shifted to use of the SSN is that it provided
greater efficiency and required individuals to remember a single
identifier. To counteract the vulnerability that this expanded use of
the SSN created, alternatives to the SSN shall be used whenever
possible. The following list is not meant to be definitive. For
assistance in situations which are not specified, contact the Defense
Manpower Data Center (acossntigerteam@osd.pentagon.mil). Alternatives
include:
(1) Electronic Data Interchange--Personal Identifier (EDI-PI).
(i) The EDI-PI is a unique system identifier that is used for
machine-to-machine transactions by DoD. In the Defense Enrollment
Eligibility Reporting System, the central repository for DoD personnel
data, the EDI-PI is used as the primary identifier for all individuals.
It is not a number that is known to the individuals, and it is never
intended that the EDI-PI be used outside of machine-to-machine
transactions.
(ii) The EDI-PI is the personal unique identifier used as part of
the Cardholder Unique Identifier, which is part of the Homeland
Security Presidential Directive-12 \4\ solution for DoD. As such, it
may be used as an identifier when the CAC is used to electronically
authenticate an individual. A greater shift to electronic
authentication would reduce the use of the SSN and provide greater
security for transactions.
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\4\ Available at https://www.whitehouse.gov/news/releases/2004/08/20040827-8.html.
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(2) System-specific identifiers. In use cases that are linked to a
limited number of other applications, the best opportunity may be to
create a unique identifier for those uses. In particular, for
situations in which members of the public are required to gain access,
particularly on a temporary basis, this may solve many privacy
concerns.
(3) Net-centric environment. A growing number of systems and
processes are relying on authentication of individuals with a minimum
of collection and storage of PII. These systems and processes rely on
an authoritative data source as the storage of this PII, and access to
that information is granted on an ``as needed'' basis.
(4) Elimination of identifier. Many instances where the SSN is
collected or used may be able to be eliminated. The
[[Page 9552]]
technology associated with newer applications is such that it is
possible to specifically identify individuals through other pieces of
information, negating the need for a unique identifier. This is
particularly true of applications that are finite in scope and do not
interoperate with other applications.
(5) Biometrics. Biometrics is an enabling tool that can be used as
part of a multi-factor authentication process. As an authentication
factor, biometrics leverages ``something one is'' (as opposed to
``something one has'' (e.g., a CAC with PKI certificates) and
``something one knows'' (e.g., a PIN)), and it cannot be shared or
easily compromised. While biometrics first requires an initial
enrollment and thus cannot perform the role of initial identification,
it can be used for continuing authentication in circumstances other
than network access. (See https://www.biometrics.dod.mil/for more
information.)
(6) Situational elimination/protection. As previously stated,
authority to collect, maintain, or use the SSN does not constitute
blanket approval to use the SSN throughout the business process. Every
report, display, printout, and transaction shall be reviewed to
determine the requirement for the use of the SSN. If there is not a
requirement for the SSN at that point, an alternative shall be found or
the use should be eliminated. If where there is a requirement,
determine whether the use can be further protected through truncation
or masking.
(e) Training. It is vital to DoD that the collection, retention,
storage, use, and disposal of PII be handled appropriately and only by
individuals who are qualified to do so. To ensure that all personnel
are so trained, 32 CFR part 310 requires that, prior to operating
systems that contain or use PII, individuals be trained on appropriate
handling. In addition to this use-specific training, 32 CFR part 310
requires DoD Components and subordinate organizations to have training
programs that promote strong precautions and heightened awareness for
the handling of PII. Properly completing and documenting this training
is essential to reducing the chance of loss or breach of PII and the
consequences thereof.
Sec. 157.7 DoD SSN reduction in forms and systems.
(a) DoD Forms--(1) Use of SSN in DoD forms--(i) New forms--(A)
Action Officer requirements. (1) Provide justification for using SSNs.
(See Sec. 157.6(b) for acceptable uses.)
(2) If justified, indicate if the SSN can be truncated or masked.
(3) Relate the form to a system of records, PIA, and the DoD
Information Technology Portfolio Repository (DITPR) ID number, as
applicable.
(B) Signing SSN justifications. Senior Executive Service (SES)
grade official or a general flag officer or equivalent signature is
required (see Sec. 157.8(c) of this part).
(C) Requirement for reviewing SSN justifications.
(1) For DD and SD forms, the justifications shall be reviewed by
the DoD Forms Management Officer, who shall consult with the DPO.
(2) For DoD Component forms, the justifications shall be reviewed
by the Component Forms Management Officer, who shall consult with the
DoD Component privacy officials.
(3) For command and installation forms, the justifications shall be
reviewed at least one administrative level above the senior signing
official.
(ii) Existing forms.
(A) One-time review of SSN use and justification.
(1) The DoD Forms Management Officer shall conduct a review of all
DD and SD forms to ensure compliance with the guidance in Sec. 157.6
of this part.
(2) The DoD Component Forms Management Officers shall conduct
reviews of all Component forms to ensure compliance with the guidance
in Sec. 157.6 of this part.
(3) For command and installation forms, the appropriate forms
management officers shall conduct reviews to ensure compliance with the
guidance in Sec. 157.6 of this part.
(4) Where a justification for SSN use is rejected, the action
officer will prepare a plan, to include milestones and a timeline, for
the elimination of SSN usage (see Sec. 157.8(d) of this part). The
final date for SSN elimination will be provided to the DoD Forms
Management Officer.
(B) Periodic review of SSN use and justification. SSN use and
justification review shall be an added feature of the current periodic
review process for all forms. This periodic review should be no less
frequent than the Biennial Privacy Act System of Records Review.
(2) Reporting results--(i) New forms. (A) For DD and SD forms, the
DoD Forms Management Officer shall maintain a database to produce an
annual report as of July 1. This report shall be an input into the
Privacy section of the annual FISMA Report as required by subchapter
III, chapter 35 of title 44, United States Code. The annual report
shall contain the following elements:
(1) Number of forms reviewed.
(2) Number of forms requesting SSNs.
(3) Number of SSN justifications accepted and rejected.
(4) Identify forms where SSNs were not allowed.
(5) Identify forms where SSN was masked or truncated.
(B) For DoD Component forms, the Components' forms management
officers shall maintain a similar database as the DoD Forms Management
Officer and produce the same report for their Components every July 1
for inclusion into the Privacy section of the annual FISMA Report.
(C) For command and installation forms, no database shall be
required with the exception of annual reporting on July 1 on success
stories for forms where SSNs were requested but rejected. In the case
where a DoD Component maintains command and installation data, it can
also be reported in its annual report.
(ii) Existing forms. (A) For DD and SD forms, the DoD Forms
Management Officer shall report the results of both the one-time
initial review of existing forms and the periodic reviews for input
into the FISMA Report. This report shall include the following
elements:
(1) Total number of forms in the database.
(2) Number of forms reviewed.
(3) Number of forms containing SSNs.
(4) Number of forms where justifications were questioned.
(5) Number of SSN justifications accepted and rejected.
(6) Identify forms where SSNs were not allowed.
(7) Identify forms where SSN was masked or truncated.
(B) The DoD Component forms management officers shall provide the
same information as the DoD Forms Management Officer for their
Components as input into the FISMA Report.
(C) At the command and installation levels no reports are required,
with the exception of specific examples where SSNs were eliminated or
better masked, unless the DoD Component collects data at this level.
(3) Schedule. Annually, on July 1, produce all data and reports
related to new and existing forms at all levels.
(b) DoD Systems--(1) DITPR. (i) The DITPR is a key tool in the plan
to reduce SSN use in DoD systems.
(ii) All data elements in the DITPR relating to SSNs are mandatory
data fields and shall be completely filled out by all DoD Components.
(iii) All automated systems containing SSNs shall be included in
the DITPR according to the Chief Information
[[Page 9553]]
Officer/Network and Information Integration (CIO/NII) DoD IT Portfolio
Repository and DoD Secret Internet Protocol Router Network (SIPRNET) IT
Registry Guidance, 2007-2008 \5\.
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\5\ Copies of this document are may be obtained by contacting
DoD CIO (IT Policy) at 703-601-4729.
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(iv) Two new fields were added in October 2007:
(A) Does this system (or initiative) contain SSNs (full or
truncated) or use SSNs in the system?
(B) What is the justification for using SSNs? (This field should be
consistent with the categories of acceptable use of SSNs in Sec.
157.6(b) of this part and specific legislative requirements.)
(2) SSNs in Systems Report review process. The initial SSNs in
Systems Report, prepared by the DPO using the process detailed in
paragraphs (b)(2)(i) through (b)(2)(iii)(E) of this section, shall be
due with DoD Privacy FISMA reporting requirements. Thereafter, DPO
shall submit a report annually for input into the Privacy section of
the annual FISMA Report, as part of the Biennial Privacy Act System of
Records Review. Since this review is on a biennial review schedule, the
DPO shall produce a biennial schedule for the system reviews. The
review and reporting process is as follows:
(i) Systems senior official (general flag officer or SES
equivalent) signs off on SSN justification (see Sec. 157.8(c) of this
part).
(ii) DPO reviews SSN justifications as an extension of the Biennial
Privacy Act System of Records Notices Review. Where a justification for
SSN use is rejected, the action officer will prepare a plan, to include
milestones and a timeline, for the elimination of SSN usage (see Sec.
157.8(d) of this part). The final date for SSN elimination will be
provided by the DoD Component Privacy Officials to the DPO.
(iii) DPO prepares its annual report according to the annual FISMA
schedule. This report shall include the following elements and include
any new elements as required:
(A) Total number of IT systems in DITPR.
(B) Total number of IT systems with SSNs.
(C) Total number of IT systems with SSNs reviewed.
(D) Total number of IT systems with SSNs approved and disapproved.
(E) Identification of IT systems disapproved.
(c) IG review. (1) The IG, DoD and the Service audit agencies are
requested to review the implementation of the DoD SSN Reduction Plan at
key milestones as reflected in this document. The new internal controls
established in the DoD SSN Reduction Plan may be considered for review
as ``Command Interest Items.''
(2) For DoD systems, the following issues are requested to be
reviewed:
(i) Are all IT systems with SSNs being registered in DITPR?
(ii) Are there SSN justifications for systems in DITPR?
(iii) Are there senior reviews of SSN justifications?
(iv) Have the actual reported results been accurate?
(v) Are Privacy Act system of records reviews conducted quarterly
to comply with the Biennial Privacy Act System of Records Notices
Review?
(3) For DoD forms, the following issues are requested to be
reviewed:
(i) Has every organizational level followed the procedures required
in the SSN Reduction Plan?
(ii) Are there SSN justifications for forms?
(iii) Are there senior reviews of SSN justifications?
(iv) Have the actual reported results been accurate?
Sec. 157.8 Approval for use of the SSN.
(a) Acceptable uses. (1) The general list of acceptable uses of the
SSN is listed in Sec. 157.6(b) of this part as well as specific
legislative requirements.
(2) A guide to laws requiring the use of the SSN can be found on
the DoD Privacy Office Web site (https://www.defenselink.mil/privacy/).
This list is merely a guide and may not cover every law.
(3) Another place to locate legal authority that may provide
acceptable justification for the use of the SSN may be found in the
appropriate System of Records Notice or PIA.
(b) Documentation--(1) DITPR. (i) The DITPR requires all DoD
information systems to state whether or not the system collects SSNs.
(ii) Acceptable justification shall be annotated in the appropriate
DITPR field.
(iii) In cases where the justification is ``Other Uses,''
appropriate explanation of the supporting legal authority and the
particular use case shall be entered into the Comment field.
(iv) Where continued use of the SSN is rejected by the DPO, a plan
will be developed for the removal of the SSN and shall be maintained by
the action officer.
(2) Forms. (i) Requesting the use of SSNs will be part of the forms
approval process, including the use of DD Form 67.
(ii) Requesting the use of SSNs shall include supporting
documentation described in paragraph (a) of this section.
(iii) Reviewing of all forms shall be completed in accordance with
DoD Instruction 7750.07 \6\.
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(c) SES or General Flag Officer concurrence. (1) Senior official
concurrence for the use of the SSN shall be documented in a Memorandum
for the Record (MFR). (See Appendix A to this part.)
(2) The MFR shall include the following information:
(i) Name of the DoD information system or name and number of the
form which will collect, use, maintain, and or disclose the SSN.
(ii) Specific use case which grants authority for use of the SSN.
(iii) Citation of statutory requirement for the use of the SSN.
(iv) Appropriate system or form supporting documentation, i.e.,
System of Records Notice or Certification and Accreditation
(v) Security precautions to be taken to reduce exposure of SSN.
(vi) If continued use of the SSN is not justified by legislative
requirement, a plan to eliminate the use of the SSN as described in
paragraph (d) of this section.
(3) In cases where the justification for the use of SSNs is
operational necessity, approval must be from the Combatant Commander.
Because this use case is intended for tactical situations, the approval
does not need to be documented with an official memorandum. The format
of the approval should be consistent with mechanism available and
documented as applicable.
(d) Plan to eliminate use of the SSN. (1) Any use of the SSN that
cannot be justified through appropriate legal authorities must be
eliminated.
(2) Elimination of the use of SSN should be completed consistent
with the existing life cycle to reduce impact on operations and
decrease overall cost.
(3) The plan to eliminate the use of the SSN shall include the
following information.
(i) Alternative being used to replace function for which SSNs have
been used.
(ii) Associated forms and systems which will be affected by
elimination of SSN.
(iii) Mitigation strategy to reduce or eliminate affects of removal
of SSN in conjunction with associated forms or systems.
(iv) Timeline, with milestones, for removal of the SSN.
(v) Where elimination is not to occur immediately, include interim
measures to provide additional protection of SSN.
[[Page 9554]]
(vi) Where elimination is dependent on changes to other systems
and/or forms, include efforts made to work with owners of those systems
and/or forms to collaborate and eliminate the use of SSNs.
(4) An example of an Elimination Plan can be seen in Appendix B to
this part.
Sec. 157.9 Reporting requirements.
The FISMA Report has been assigned Report Control Symbol (RCS) DD-
NII (Q,A) 2296. The Privacy Act Program reporting requirements have
been assigned RCS DD-DA&M(AR) 1379. These reporting requirements have
been approved and assigned a RCS number in accordance with DoD 8910.1-
M.\7\
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BILLING CODE 5001-06-P
[[Page 9555]]
Appendix A to Part 157--Sample SSN Justification Memorandum
[GRAPHIC] [TIFF OMITTED] TP03MR10.000
[[Page 9556]]
Appendix B to Part 157--Sample SSN Elimination Plan
[GRAPHIC] [TIFF OMITTED] TP03MR10.001
Dated: February 23, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-4290 Filed 3-2-10; 8:45 am]
BILLING CODE 5001-06-C