Privacy Act of 1974; System of Records, 49210-49214 [2016-17796]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49210-49214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17796]



Office of the Secretary

[Docket ID: DOD-2016-OS-0080]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Office of the Secretary of Defense (OSD) proposes to 
alter a system of records, DMDC 02 DoD, entitled ``Defense Enrollment 
Eligibility Reporting Systems (DEERS)'' last published at 80 FR 68304, 
November 4, 2015.
    The system of records exists to: Record the issuance of Department 
of Defense (DoD) badges and identification cards; authenticate and 
identify DoD affiliated personnel; grant physical and logical access to 
DoD facilities; determine eligibility for DoD entitlements and 
privileges; support DoD health care management programs; assess 
manpower, support personnel and readiness functions; and provide 
appropriate contact information of DoD personnel and beneficiaries for 
the purpose of conducting surveys authorized by the DoD.

[[Page 49211]]

    This alteration adds a routine use enabling information from the 
system of records to be disclosed to national consumer reporting 
agencies to ensure eligible Service members are afforded protections 
under the Military Lending Act (MLA) in accordance with 32 CFR 232, 
Limitations on Terms of Consumer Credit Extended to Service Members and 
Dependents. In addition, the following Department of Defense (DoD) 
blanket routine have been applied to this system: Law Enforcement, 
Disclosure When Requesting Information, Congressional Inquiries 
Disclosure, Disclosure to the Office of Personnel Management, 
Disclosure of information to the National Archives and Records 
Administration, and Data Breach Remediation Purposes. This alteration 
also reflects administrative changes to the categories of individuals, 
authorities, and storage sections of the systems of the system of 
records notice.

DATES: Comments will be accepted on or before August 26, 2016. This 
proposed action will be effective the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mrs. Luz D. Ortiz, Chief, Records, 
Privacy and Declassification Division (RPD2), 1155 Defense Pentagon, 
Washington, DC 20301-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records 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 in FOR FURTHER INFORMATION CONTACT 
or at the Defense Privacy, Civil Liberties and Transparency Division 
Web site at https://dpcld.defense.gov/.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on July 6, 2016, to the 
House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4 of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' revised November 28, 2000 (December 12, 2000 65 FR 
77677).

    Dated: July 22, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 02 DoD

System name:
    Defense Enrollment Eligibility Reporting Systems (DEERS) (November 
4, 2015, 80 FR 68304).

Changes:
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Members, former members, retirees, 
civilian employees (includes non-appropriated fund) and contractor 
employees of the DoD and all of the Uniformed Services; Presidential 
appointees of all Federal Government agencies; Medal of Honor 
recipients; U.S. Military Academy students; DoD and Department of 
Veterans Affairs (DVA) beneficiaries (e.g. dependent family members, 
legal guardians and other protectors, prior military eligible for DVA 
benefits, beneficiaries of Servicemembers' Group Life Insurance (SGLI)/
Family SGLI (FSGLI)) non-Federal agency civilian associates and other 
individuals granted DoD privileges, benefits, or physical or logical 
access to military installations (e.g., American Red Cross paid 
employees, United Service Organization (USO), Intergovernmental 
Personnel Act Employees (IPA), Boy and Girl Scout Professionals, non-
DoD contract employees); members of the public treated for a medical 
emergency in a DoD or joint DoD/DVA medical facility; and individuals 
requiring a Common Access Card to access DoD IT applications (i.e., 
Department of Homeland Security employees, state National Guard 
Employees, and Affiliated Volunteers).''
* * * * *

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. App. 3, Inspector General 
Act of 1978; 5 U.S.C. Chapter 90, Long-Term Care Insurance; 10 U.S.C. 
136, Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 
Chapter 53, Miscellaneous Rights and Benefits; 10 U.S.C. Chapter 54, 
Commissary and Exchange Benefits; 10 U.S.C. Chapter 58, Benefits and 
Services for Members being Separated or Recently Separated; 10 U.S.C. 
Chapter 75, Deceased Personnel; 10 U.S.C. 2358, Research and 
Development Projects; 10 U.S.C. Chapter 49 Section 987, Terms of 
Consumer Credit Extended to Members and Dependents: Limitations; 20 
U.S.C. 1070a (f)(4), Higher Education Opportunity Act; 31 U.S.C. 
3512(c), Executive Agency Accounting and Other Financial Management 
Reports and Plans; 42 U.S.C. 18001 note, Patient Protection and 
Affordable Care Act (Pub. L. 111-148); 52 U.S.C. 20301, Federal 
Responsibilities; 50 U.S.C. Chapter 23, Internal Security; 50 U.S.C. 
501, Servicemembers Civil Relief Act; 38 CFR part 9.20, Traumatic 
injury protection; 38 U.S.C. Chapter 19, Subchapter III, Service 
members' Group Life Insurance; DoD Directive 1000.04, Federal Voting 
Assistance Program (FVAP); DoD Directive 1000.25, DoD Personnel 
Identity Protection (PIP) Program; DoD Instruction 1015.09, 
Professional U.S. Scouting Organization Operations at U.S. Military 
Installations Overseas; DoD Instruction 1100.13, DoD Surveys; DoD 
Instruction 1241.03, TRICARE Retired Reserve (TRR) Program; DoD 
Instruction 1241.04, TRICARE Reserve Select (TRS) Program; DoD 
Instruction 1336.05, Automated Extract of Active Duty Military 
Personnel Records; DoD Instruction 1341.2, Defense Enrollment 
Eligibility Reporting System (DEERS) Procedures; DoD Instruction 
3001.02, Personnel Accountability in Conjunction with Natural or 
Manmade Disasters; Homeland Security Presidential Directive 12, Policy 
for a Common Identification Standard for Federal Employees and 
Contractors; DoD Instruction 7730.54, Reserve Components Common 
Personnel Data System (RCCPDS); and E.O. 9397 (SSN), as amended.''
* * * * *



[[Page 49212]]

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, the records contained herein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    1. To Federal agencies and/or their contractors, the Transportation 
Security Administration and other federal transportation agencies, for 
purposes of authenticating the identity of individuals who, incident to 
the conduct of official business, present the Common Access Card or 
other valid identification as proof of identity to gain physical or 
logical access to government and contractor facilities, locations, 
networks, systems, or programs.
    2. To Federal and State agencies to validate demographic data 
(e.g., SSN, citizenship status, date and place of birth, etc.) for 
individuals in DMDC personnel and pay files so that accurate 
information is available in support of DoD requirements.
    3. To the Social Security Administration for the purpose of 
verifying an individual's identity.
    4. To the Department of Veterans Affairs (DVA):
    a. To provide uniformed service personnel (pay, wounded, ill, and 
injured) identification data for present and former uniformed service 
personnel for the purpose of evaluating use of veterans' benefits, 
validating benefit eligibility and maintaining the health and well-
being of veterans and their family members.
    b. To provide identifying uniformed service personnel data to the 
DVA and its insurance program contractor for the purpose of conducting 
outreach and administration of benefits to qualified Servicemembers, 
Veterans and their dependents (38 U.S.C. 1977), 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. To provide former uniformed service personnel and survivor's 
financial benefit data to DVA for the purpose of identifying 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 provide identifying uniformed service personnel data to the 
DVA for the purpose of notifying such personnel of information relating 
to educational assistance as required by the Veterans Programs 
Enhancement Act of 1998 (38 U.S.C. 3011 and 3034).
    f. Providing to the Veterans Benefits Administration, DVA uniformed 
service personnel and financial data 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 (10 U.S.C. Chapter 1606--
Selected Reserve and 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 (10 Chapter 510), the 
Post 9/11 GI Bill (38 U.S.C. Chapter 33) and The Transferability of 
Education Assistance to Family Members. The administrative 
responsibilities designated to both agencies by the law require that 
data be exchanged in administering the programs.
    5. To consumer reporting agencies:
    a. To obtain identity confirmation and current addresses of 
separated uniformed services personnel to notify them of potential 
benefits eligibility.
    b. To the national consumer reporting agencies for the purpose of 
ensuring eligible Service members receive Military Lending Act (MLA) 
protections in accordance with 32 CFR 232.
    7. To Federal Agencies, to include OPM, United States Postal 
Service, Executive Office of the President and Administrative Office of 
the Courts; Department of Health and Human Services; Department of 
Education; Department of Veterans Affairs to conduct computer matching 
programs regulated by the Privacy Act of 1974, as amended (5 U.S.C. 
552a), for the purpose of:
    a. Providing all members of the Reserve Component of the Armed 
Forces to be matched against the Federal agencies for identifying those 
Reserve Component Service members that are also Federal civil service 
employees with eligibility for the Federal Employees Health Benefits 
(FEHB) program. This disclosure by the Federal agencies will provide 
the DoD with the FEHB program eligibility and Federal employment 
information necessary to determine initial and continuing eligibility 
for the TRICARE Reserve Select (TRS) program and the TRICARE Retired 
Reserve (TRR) program (collectively referred to as purchased TRICARE 
programs). Reserve Component members who are not eligible for FEHB 
program are eligible for TRS (section 1076d of title 10) or TRR 
(section 1076e of title 10).
    b. Providing all members of the Reserve Component of the Armed 
Forces to be matched against the Federal agencies for the purpose of 
identifying the Ready Reserve Component Service members who are also 
employed by the Federal Government in a civilian position, so that 
reserve status can be terminated if necessary. To accomplish an 
emergency mobilization, individuals occupying critical civilian 
positions cannot be mobilized as Reservists.
    c. Providing to the Department of Education for the purpose of 
identifying dependent children of those Armed Forces members killed in 
Operation Iraqi Freedom and Operation Enduring Freedom (OIF/OEF), Iraq 
and Afghanistan Only, for possible benefits.
    d. Providing to the Veterans Benefits Administration, DVA uniformed 
service data for the purpose of determining eligibility and any changes 
in eligibility status to insure proper administration of benefits for 
GI Bill education and training benefits under the Montgomery GI Bill 
(10 U.S.C. Chapter 1606--Selected Reserve and 38 U.S.C. Chapter 30--
Active Duty), the Post 9/11 GI Bill (38 U.S.C. Chapter 33).
    e. Providing to the Centers for Medicaid and Medicare Services, 
Department of Health and Human Service, for the purpose of identifying 
DoD eligible beneficiaries both over and under the age of 65 who are 
Medicare eligible. Current law requires Defense Health Agency to 
discontinue military health care benefits to Military Heath Services 
beneficiaries who are Medicare eligible unless they are enrolled in 
Medicare Part B.
    f. Providing to the Centers for Medicaid and Medicare Services, 
Department of Health and Human Services, for the purpose of verifying 
individual's healthcare eligibility status, in accordance with the 
Affordable Care Act. Data provided to CMS will be used to make 
eligibility determinations for insurance affordability programs, 
administered by Medicaid, the Children's Health Insurance Program 
(CHIP), the Basic Health Program (BHP) and the American Health Benefit 
Exchange.
    8. To Federal agencies for the purpose of notifying Servicemember 
and dependent individuals of payments or

[[Page 49213]]

other benefits for which they are eligible under actions of the Federal 
agencies.
    9. To State agencies for the purpose of supporting State Veteran 
Affairs activities.
    10. To the Department of Labor for unemployment compensation 
calculations.
    11. 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.
    12. To each of the fifty states and the District of Columbia for 
the purpose of determining 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.
    13. 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)).
    14. 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 the 
children of such individuals are or were eligible for DoD healthcare 
coverage and for what period of time they were eligible. 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.
    d. For purposes of providing information to the Centers for 
Medicare and Medicaid Services (CMS) to account for the impact of DoD 
healthcare on local reimbursement rates for the Medicare Advantage 
program as required in 42 CFR 422.306.
    15. To Coast Guard and Public Health Service to complete Individual 
Mandate Reporting and Employer Mandate reporting to the Internal 
Revenue Service (IRS) as required by Patient Protection and Affordable 
Care Act of 2010 (Pub. L. 111-148) and Sections 6055 and 6056 of the 
IRS Code.
    16. To Federal and contractor medical personnel at joint DoD/DVA 
health care clinics, for purposes of authenticating the identity of 
individuals who are registered as patients at the clinic and 
maintaining, through the correlation of DoD ID number and Integration 
Control Number (ICN), a shared population of DoD and DVA beneficiaries 
who are users of the clinic.
    17. To the American Red Cross for purposes of providing emergency 
notification and assistance to members of the Armed Forces, retirees, 
family members or survivors.
    18. To the Office of Disability and Insurance Security Programs, 
for the purpose of expediting disability processing of wounded military 
service members and veterans.
    19. To Federally Funded Research Centers and grantees for the 
purpose of performing research on manpower problems for statistical 
analyses.
    20. To Defense contractors to monitor the employment of former DoD 
employees and uniformed service personnel subject to the provisions of 
41 U.S.C. 423.
    21. Disclosure of Requested Information Routine Use: A record from 
a system of records maintained by a DoD Component may be disclosed to a 
federal agency, in response to its request, in connection with the 
hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.
    22. 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 uniformed service 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.
    23. 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.

[[Page 49214]]

    24. To Federal and State agencies for purposes of obtaining 
socioeconomic information on uniformed service personnel so that 
analytical studies can be conducted with a view to assessing the 
present needs and future requirements of such personnel.
    25. 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).
    26. To Coast Guard recruiters in the performance of their assigned 
duties.
    27. Law Enforcement Routine Use: If a system of records maintained 
by a DoD Component to carry out its functions indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or by regulation, rule, 
or order issued pursuant thereto, the relevant records in the system of 
records may be referred, as a routine use, to the agency concerned, 
whether federal, state, local, or foreign, charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute, rule, regulation, 
or order issued pursuant thereto.
    28. Disclosure When Requesting Information Routine Use: A record 
from a system of records maintained by a DoD Component may be disclosed 
as a routine use to a federal, state, or local agency maintaining 
civil, criminal, or other relevant enforcement information or other 
pertinent information, such as current licenses, if necessary to obtain 
information relevant to a DoD Component decision concerning the hiring 
or retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit.
    29. Congressional Inquiries Disclosure Routine Use: Disclosure from 
a system of records maintained by a DoD Component may be made to a 
congressional office from the record of an individual in response to an 
inquiry from the congressional office made at the request of that 
individual.
    30. Disclosure to the Office of Personnel Management Routine Use: A 
record from a system of records subject to the Privacy Act and 
maintained by a DoD Component may be disclosed to the Office of 
Personnel Management (OPM) concerning information on pay and leave, 
benefits, retirement deduction, and any other information necessary for 
the OPM to carry out its legally authorized government-wide personnel 
management functions and studies.
    31. Disclosure of information to the National Archives and Records 
Administration Routine Use: A record from a system of records 
maintained by a DoD Component may be disclosed as a routine use to the 
National Archives and Records Administration for the purpose of records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    32. Data Breach Remediation Purposes Routine Use. A record from a 
system of records maintained by a Component may be disclosed to 
appropriate agencies, entities, and persons when (1) The Component 
suspects or has confirmed that the security or confidentiality of the 
information in the system of records has been compromised; (2) the 
Component has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the 
Component or another agency or entity) that rely upon the compromised 
information; and (3) the disclosure made to such agencies, entities, 
and persons is reasonably necessary to assist in connection with the 
Components efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Office of the Secretary of Defense (OSD) compilation of systems of 
records notices may apply to this system. The complete list of DoD 
Blanket Routine Uses can be found Online at: https://dpcld.defense.gov/
Privacy/SORNsIndex/BlanketRoutineUses.aspx''.
* * * * *

Storage:
    Delete entry and replace with ``Electronic storage media.''
* * * * *
[FR Doc. 2016-17796 Filed 7-26-16; 8:45 am]
BILLING CODE 5001-06-P