Privacy Act of 1974; System of Records, 55293-55298 [2019-22556]
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Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices
breach of the system of records; (2) the
DoD has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the DoD
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the DoD’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
i. To another Federal agency or
Federal entity, when the DoD
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in electronic
storage media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by individual’s
full name, address, and date of birth.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Destroy three years from the date the
information pertaining to the individual
is first distributed to the Services or, or
from the date on which the file has been
inactive for one year, according to the
mail usage dates, as appropriate.
Records of the name and address of
individuals who wish to be removed
(Opt-Out) from future recruitment lists
are retained for ten years from the date
the name is added.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to information in the database
is highly restricted and limited to those
that require the records in the
performance of their official duties. The
database utilizes a layered approach of
overlapping controls, monitoring and
authentication to ensure overall security
of the data, network and system
resources. Sophisticated physical
security, perimeter security (firewall,
intrusion prevention), access control,
authentication, encryption, data
transfer, and monitoring solutions
prevent unauthorized access from
internal and external sources. The
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following administrative controls are
also applied to restrict access to those
who require the data in the performance
of their official duties: Periodic security
audits; regular monitoring of users’
security practices; methods to ensure
only authorized personnel have access
to personally identifiable information;
encryption of backups containing
sensitive data; and backups secured
offsite.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records
about themselves contained in this
system should address inquiries to the
Office of the Secretary of Defense/Joint
Staff, Freedom of Information Act
Requester Service Center, Office of
Freedom of Information, 1155 Defense
Pentagon, Washington, DC 20301–1155.
Signed, written requests should
contain the full name, date of birth, and
current address of the individual as well
as the name and number of this system
of records notice.
In addition, the requester must
provide either a notarized statement or
an unsworn declaration made in
accordance with 28 U.S.C. 1746, in the
following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).’’
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records,
contesting contents, and for appealing
initial agency determinations are
contained in 32 CFR part 310, or may
be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether information about themselves
is contained in this system should
address inquiries to the Joint
Advertising, Market Research & Studies
(JAMRS), Direct Marketing Program
Officer, Suite 06J25, 4800 Mark Center
Drive, Alexandria, VA 22350–4000.
Signed, written requests should
contain the full name, date of birth, and
current address of the individual as well
as the name and number of this system
of records notice.
In addition, the requester must
provide either a notarized statement or
an unsworn declaration made in
accordance with 28 U.S.C. 1746, in the
following format:
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55293
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
December 22, 2011, 76 FR 79663.
[FR Doc. 2019–22562 Filed 10–15–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2019–OS–0119]
Privacy Act of 1974; System of
Records
Office of the Secretary, DoD.
Notice of a modified System of
Records.
AGENCY:
ACTION:
The Office of the Secretary of
Defense (OSD) is modifying a System of
Records titled, ‘‘Defense Enrollment
Eligibility Reporting System (DEERS),
DMDC 02 DoD.’’ DEERS manages the
issuance of DoD identification cards,
manages physical and logistical access
to DoD facilities and provides a database
for determining DoD entitlements and
privileges. The modification also
reflects changes to the following
sections: System manager, authorities,
categories of individuals, categories of
records, routine uses, record access
procedures, and notification procedures.
DATES: This notice is effective upon
publication; however, comments on the
Routine Uses will be accepted on or
before November 15, 2019. The Routine
Uses are effective at the close of the
comment period.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
* Federal Rulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
* Mail: Department of Defense, Office
of the Chief Management Officer,
Directorate for Oversight and
Compliance, 4800 Mark Center Drive,
Mailbox #24, Suite 08D09, Alexandria,
VA 22350–1700.
Instructions: All submissions received
must include the agency name and
SUMMARY:
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Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices
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.
Ms.
Luz D. Ortiz, Chief, Records, Privacy
and Declassification Division (RPDD),
1155 Defense Pentagon, Washington, DC
20311–1155, or by phone at (571) 372–
0478.
Dated: October 10, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Enrollment Eligibility
Reporting Systems (DEERS), DMDC 02
DoD.
SECURITY CLASSIFICATION:
Unclassified.
FOR FURTHER INFORMATION CONTACT:
The OSD
is modifying a System of Records
subject to the Privacy Act of 1974, 5
U.S.C. 552a. The DoD uses this System
of Records for the purpose of identity
management, benefit eligibility
determinations, supporting DoD
healthcare management programs and
assessing manpower and personnel and
readiness functions. Additionally, this
system is used to assist in Department
programs such as the Transition
Assitance Program, facilitation of DoD
authorized surveys, and voter
registration and voting procedures for
eligible members. This modification
ensures DoD’s compliance with the
Privacy Act of 1974 by updating the
appropriate authorities and routine uses
for authorized sharing of information to
external DoD partners, specifically as it
relates to the Servicemember Civil
Relief Act (SCRA). These updates reflect
the reformatting of the notice to ensure
compliance with Office of Management
and Budget (OMB) Circular No. A–108,
‘‘Federal Agency Responsibilities for
Review, Reporting, and Publication
under the Privacy Act.’’
The DoD notices for Systems of
Records subject to the Privacy Act of
1974, 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 website at https://
dpcld.defense.gov.
The proposed system reports, as
required by the Privacy Act, as
amended, were submitted on August 28,
2019, to the House Committee on
Oversight and Reform, the Senate
Committee on Homeland Security and
Governmental Affairs, and the OMB
pursuant to Section 6 of OMB Circular
No. A–108, ‘‘Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act,’’
revised December 23, 2016 (December
23, 2016, 81 FR 94424).
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SUPPLEMENTARY INFORMATION:
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SYSTEM LOCATION:
DMDC at DISA DECC Columbus, 3990
East Broad St, Bldg. 23, Columbus, OH
43213–0240.
SYSTEM MANAGER(S):
Deputy Director, Defense Manpower
Data Center, DoD Center Monterey Bay,
400 Gigling Road, Seaside, CA 93955–
6771. Email: dodhra.dodcmb.dmdc.mbx.webmaster@mail.mil.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. 3, Inspector General Act
of 1978; 5 U.S.C. Chapter 90, Federal
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. 987, Terms of Consumer Credit
Extended to Members and Dependents;
20 U.S.C. 1070h, Scholarships for
Veteran’s Dependents; 31 U.S.C.
3512(c), Executive Agency Accounting
and Other Financial Management
Reports and Plan; 38 U.S.C. Chapter 19,
Subchapter III, Service members’ Group
Life Insurance; 42 U.S.C. 18001 note,
Patient Protection and Affordable Care
Act (Pub. L. 111–148); 42 U.S.C. 1973ff,
Federal Responsibilities; 50 U.S.C.
Chapter 23, Internal Security; 50 U.S.C.
Chapter 50, Servicemembers Civil Relief
Act; DoD Directive 1000.04, Federal
Voting Assistance Program (FVAP); DoD
Directive 1000.25, DoD Personnel
Identity Protection (PIP) Program; DoD
Instruction 1015.9, Professional United
States Scouting Organization Operations
at United States Military Installations
Located Overseas; DoD Instruction
1100.13, Surveys of DoD Personnel; DoD
Instruction 1241.03 TRICARE Retired
Reserve (TRS) 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)
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Procedures; DoD Manual 1341.02, DoD
Identity Management DoD Self-Service
(DS) Logon Program and Credential;
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); 38 CFR 9.20,
Traumatic injury protection; and E.O.
9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
To manage the issuance of DoD
badges and identification cards, i.e.,
Common Access Cards (CACs) or
beneficiary identification cards.
To authenticate and identify DoD
affiliated personnel (e.g., contractors); to
manage physical and logical access to
DoD facilities.
To provide a database for determining
eligibility for DoD entitlements and
privileges; to detect fraud and abuse of
the benefit programs by claimants and
providers to include appropriate
collection actions arising out of any
debts incurred as a consequence of such
programs; to detect and identify current
DoD civilian and military personnel
commiting benefit program fraud and
abuse; to ensure benefit eligibility is
retained after separation from the
military; to maintain the
Servicemembers’ Group Life Insurance
(SGLI) and Family SGLI (FSGLI)
coverage elections and beneficiaries’
information.
To support DoD healthcare
management programs, to include
research and analytical projects, through
the Defense Health Agency (previously
the TRICARE Management Activity); to
support benefit administration for those
beneficiaries that have granted
permission to use their personal email
address for benefit-related notification
purposes; to register current DoD
civilian and military personnel and
their authorized dependents to obtain
medical examinations, treatment or
other benefits to which they are entitled;
to provide identification of deceased
members.
To assess manpower, support
personnel and readiness functions, to
include Continuous Evaluation
programs; to perform statistical
analyses; to determine Service members
Civil Relief Act (SCRA) duty status as it
pertains to SCRA legislation; to
determine Military Lending Act (MLA)
eligibility pertaining to MLA legislation;
to prepare studies and policies related
to manpower and the health and well-
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being of current and past Armed Forces
and DoD-affiliated personnel; to assist
in the Transition Assistance Program
(TAP); to assist in recruiting priorservice personnel; to notify military
members eligible to vote about voter
registration and voting procedures; and
to provide rosters of DoD affiliated
persons at the time of an official
declared natural or man-made disaster.
To provide appropriate contact
information of DoD personnel and
beneficiaries for the purpose of
conducting DoD authorized surveys.
Authorized surveys are used as a
management tool for conducting
statistical analysis, policy planning,
reporting, evaluation of program
effectiveness, conducting research, to
provide direct feedback on key strategic
indicators, and for other policy planning
purposes. Defense Manpower Data
Center (DMDC) web usage data will be
used to validate continued need for user
access to DMDC computer systems and
databases, to address problems
associated with web access, and to
ensure that access is only for official
purposes.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Members, former members, retirees,
civilian employees (includes nonappropriated 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 members
eligible for DVA benefits, beneficiaries
of 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, Intergovernmental
Personnel Act Employees, 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 non-CAC holders requiring access
to DoD IT applications (i.e., DVA
employees, Department of Homeland
Security (DHS) employees, state
National Guard Employees, Office of
Personnel Management (OPM)
employees and Affiliated Volunteers);
Individuals identified as the result of an
administrative function in information
assurance/cybersecurity reports and
supportive materials.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Individual’s name; Service or Social
Security Number (SSN); DoD
identification (DoD ID) number;
residence address; mailing address;
personal and work email addresses; date
of birth; gender; mother’s maiden name,
branch of Service; primary and
secondary fingerprints and photographs;
Foreign National Identification
Numbers; emergency contact person
information; stored documents for
proofing identity and association;
DEERS Benefits Number; relationship of
beneficiary to sponsor, to include
relationship and eligibility qualifiers
(i.e., percent of support by sponsor,
student or incapacitation status,
guardian authorizations); SGLI/FSGLI
beneficiaries information and amounts
of coverage; pharmacy benefits; start
and end dates of benefits eligibility;
number of family members of sponsor;
multiple birth code/birth order; primary
unit duty location of sponsor; race and
ethnic origin; occupation; rank/pay
grade.
Disability documentation; wounded,
ill and injured identification
information; other health information
(i.e., tumor/reportable disease registry,
immunizations); Medicare eligibility
and enrollment data; CHAMPVA and
Federal Employees Health Benefits
(FEHB) program eligibility indicators;
blood test results; Deoxyribonucleic
Acid (DNA); dental care eligibility codes
and dental x-rays.
Patient registration data for shared
DoD/DVA beneficiary populations,
including DVA Integration Control
Number (ICN), DVA patient type,
patient category code and patient
category TRICARE enrollment data (i.e.,
plan name, effective dates, primary care
manager information, premium payment
details), identity and relationship data,
command interest code and name,
command security code and name,
medical fly status code.
Catastrophic Cap and Deductible
transactions, including monetary
amounts; third party health insurance
information on dependents; in addition
to identity data and demographic data
for beneficiaries such as contact
information, family membership, and
personnel information is captured as
required to determine and maintain
benefits; DVA disability payment
records; digital signatures where
appropriate to assert validity of data;
care giver information; immunization
data; education benefit eligibility and
usage; special military pay information;
SGLI/FSGLI; Privacy Act audit logs; and
account audit information (i.e., IP
address) to support cybersecurity
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55295
policy, unauthorized access and other
similar investigations.
Character of service; reenlistment
eligibility; entitlement conditions;
activations and deployments; medals
and awards data; citizenship data/
country of birth; civil service employee
employment information (agency and
bureau, pay plan and grade, nature of
action code and nature of action
effective date, occupation series, dates
of promotion and expected return from
overseas, service computation date);
compensation data (i.e., Department of
Labor Compensation data); date of
separation of former enlisted and officer
personnel; Information Assurance Work
Force information; language data;
military personnel information (rank,
assignment/deployment, length of
service, military occupation, education,
and benefit usage); reason leaving
military service or DoD civilian service;
Reserve member’s civilian occupation
and employment information;
workforces information (e.g.,
acquisition, first responders).
RECORD SOURCE CATEGORIES:
Individuals and the personnel, pay,
and benefit systems of the military and
civilian departments, and agencies of
the Uniformed Services, DVA, and other
Federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
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:
a. 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
CAC or other valid identification as
proof of identity to gain physical or
logical access to government and
contractor facilities, locations, networks,
systems, or programs.
b. 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.
c. To the Social Security
Administration for the purpose of
verifying an individual’s identity.
d. To the DVA:
1. To provide uniformed service
personnel (pay, wounded, ill, and
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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.
2. 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
service members, 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 Service members’ Group
Life Insurance (TSGLI) (Traumatic
Injury Protection Rider to Service
members’ Group Life Insurance (TSGLI),
38 CFR 9.20).
3. To register eligible veterans and
their dependents for DVA programs.
4. 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.
5. 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).
6. 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 Reserve Educational
Assistance Program (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 when administering the
programs.
e. To consumer reporting agencies:
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1. To obtain identity confirmation and
current addresses of separated
uniformed services personnel to notify
them of potential benefits eligibility.
2. To the national consumer reporting
agencies for the purpose of ensuring
eligible Service members receive MLA
protections in accordance with 32 CFR
232.
f. To financial institutions, collection
agencies and others with financial and
legal transactions with eligible service
members for the purpose of ensuring
those service members receive SCRA
protections in accordance with 50
U.S.C. Chapter 50.
g. To Federal Agencies, to include
OPM, United States Postal Service,
Department of Health and Human
Services (HHS), Department of
Education, and DVA to conduct
computer matching programs regulated
by the Privacy Act of 1974, as amended
(5 U.S.C. 552a), for the purpose of:
1. Providing 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 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 (10 U.S.C. 1076d) or TRR (10
U.S.C. 1076e).
2. 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.
3. Providing data 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, Iraq and Afghanistan Only, for
possible benefits.
4. 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
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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).
5. Providing data to the Centers for
Medicaid and Medicare Services (CMS),
HHS, for the purpose of identifying DoD
eligible beneficiaries both over and
under the age of 65 who are Medicare
eligible. Current law requires the
Defense Health Agency to discontinue
military health care benefits to Military
Health Services beneficiaries who are
Medicare eligible unless they are
enrolled in Medicare Part B.
h. To the CMS, HHS, 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, the Basic Health
Program and the American Health
Benefit Exchange.
i. To Federal agencies for the purpose
of notifying service members and
dependent individuals of payments or
other benefits for which they are eligible
under actions of the Federal agencies.
j. To State agencies for the purpose of
supporting State Veteran Affairs
activities.
k. To the Department of Labor for
unemployment compensation
calculations.
l. 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.
m. 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.
n. 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
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would contravene U.S. national policy
or security interests (42 U.S.C. 653(e)).
o. To the HHS:
1. 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)).
2. 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).
3. 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.
4. For purposes of providing
information to the 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.
p. To the 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.
q. 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 ICN, a shared
VerDate Sep<11>2014
17:10 Oct 15, 2019
Jkt 250001
population of DoD and DVA
beneficiaries who are users of the clinic.
r. To the American Red Cross for
purposes of providing emergency
notification and assistance to members
of the Armed Forces, retirees, family
members or survivors.
s. To the Office of Disability and
Insurance Security Programs, for the
purpose of expediting disability
processing of wounded military service
members and veterans.
t. To Federally Funded Research
Centers and grantees for the purpose of
performing research on manpower
problems for statistical analyses.
u. 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.
v. To the Bureau of the Census for the
purposes of planning or carrying out a
census survey or related activities
pursuant to the provisions of section 6
of title 13 U.S.C.
w. To designated officers and
employees of Federal, State, local,
territorial, tribal, international, or
foreign agencies in connection with the
hiring or retention of an employee, the
conduct of a suitability or security
investigation, 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 and the
Department deems appropriate.
x. 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:
1. Determines the use or disclosure
does not violate legal or policy
limitations under which the record was
provided, collected, or obtained;
2. Determines the research purpose (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;
3. Requires 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
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55297
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;
4. Secures a written statement
attesting to the recipients’
understanding of, and willingness to
abide by these provisions.
y. To the DHS for the conduct of
studies related to the health and wellbeing of Coast Guard members and to
authenticate and identify Coast Guard
personnel.
z. To Federal and State agencies for
purposes of obtaining socioeconomic
information on uniformed service
personnel so analytical studies can be
conducted with a view to assess the
present needs and future requirements
of such personnel.
aa. To the Bureau of Citizenship and
Immigration Services, DHS, 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).
bb. To Coast Guard recruiters in the
performance of their assigned duties.
cc. To the Office of Personnel
Management (OPM) for the purpose of
addressing civilian 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.
dd. To the appropriate Federal, State,
local, territorial, tribal, foreign, or
international law enforcement authority
or other appropriate entity where a
record, either alone or in conjunction
with other information, indicates a
violation or potential violation of law,
whether criminal, civil, or regulatory in
nature.
ee. To any component of the
Department of Justice for the purpose of
representing the DoD, or its
components, officers, employees, or
members in pending or potential
litigation to which the record is
pertinent.
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ff. In an appropriate proceeding before
a court, grand jury, or administrative or
adjudicative body or official, when the
DoD or other Agency representing the
DoD determines that the records are
relevant and necessary to the
proceeding; or in an appropriate
proceeding before an administrative or
adjudicative body when the adjudicator
determines the records to be relevant to
the proceeding.
gg. To the National Archives and
Records Administration (NARA) for the
purpose of records management
inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
hh. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
ii. To appropriate agencies, entities,
and persons when (1) the DoD suspects
or has confirmed that there has been a
breach of the System of Records; (2) the
DoD has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the DoD
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the DoD’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm
jj. To another Federal agency or
Federal entity, when the DoD
determines that information from this
System of Records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored on electronic
storage media.
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Individuals’ records can be retrieved
using a search algorithm utilizing with
the primary identity traits: Personal
identifier (e.g., SSN, service number,
foreign identification number, etc.),
name, date of birth and gender; mailing
address, telephone number, mother’s
maiden name and place of birth when
17:10 Oct 15, 2019
Jkt 250001
POLICES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Hardcopy version of DD Form 1172–
2: Destroy once written to optical disk.
Optical disks: Destroy primary and
backup copies after 5 years. The DEERS
database is Permanent: Cut off (take a
snapshot) at end of Fiscal Year and
transfer to NARA in accordance with 36
CFR 1228.270 and 36 CFR 1234 Output
records (electronic or paper summary
reports) are deleted or destroyed when
no longer needed for operational
purposes. Note: This disposition
instruction applies only to record
keeping copies of the reports retained by
DMDC. The DoD office requiring
creation of the report should maintain
its record keeping copy in accordance
with NARA approved disposition
instructions for such reports.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Computerized records are maintained
in a controlled area accessible only to
authorized personnel. Entry to these
areas is restricted to those personnel
with a valid requirement and
authorization to enter. Physical entry is
restricted by the use of locks, guards,
and administrative procedures (e.g., fire
protection regulations). Access to
personal information is restricted to
those requiring the records in the
performance of their official duties, and
to the individuals who are the subjects
of the record or their authorized
representatives. Access to personal
information is further restricted by the
use of Public Key Infrastructure or
login/password authorization. All
individuals granted access to this
system of records require Information
Assurance and Privacy Act training.
RECORD ACCESS PROCEDURES:
POLICIES AND PRACTICES FOR RETREIVAL OF
RECORDS:
VerDate Sep<11>2014
available. Individual information can be
retrieved via the DoD ID Number or DoD
Benefits Number; data retrievals may be
done by biometrics (i.e., fingerprints,
photograph); data retrievals for
generating address lists for direct mail
distribution may be accomplished using
selection criteria based on geographic
and demographic keys; data retrievals
may also be done utilizing audit
information.
Individuals seeking access to
information about themselves contained
in this system should address written
inquiries to the Office of the Secretary
of Defense/Joint Staff Freedom of
Information Act Requester Service
Center, 1155 Defense Pentagon,
Washington, DC 20301–1155. Signed
written requests should contain the
name and number of this system of
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Sfmt 9990
records notice along with the full name,
identifier (i.e., DoD ID number, DoD
Benefits Number, or SSN), date of birth,
current address, and telephone number
of the individual. In addition, the
requester must provide either a
notarized statement or a declaration
made in accordance with 28 U.S.C.
1746, using the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).’’
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records,
contesting contents, and appealing
initial agency determinations are
published in 32 CFR part 310 or may be
obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether information about themselves
is contained in this system should
address written inquiries to the Deputy
Director, Defense Manpower Data
Center, DoD Center Monterey Bay, 400
Gigling Road, Seaside, CA 93955–6771.
Signed written requests should contain
the full name, identifier (i.e., DoD ID
number, DoD Benefits Number, or SSN),
date of birth, and current address and
telephone number of the individual. In
addition, the requester must provide
either a notarized statement or a
declaration made in accordance with 28
U.S.C. 1746, using the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).’’
EXEMPTIONS PROULGATED FOR THE SYSTEM:
None.
HISTORY:
July 27, 2016, 81 FR 49210.
[FR Doc. 2019–22556 Filed 10–15–19; 8:45 am]
BILLING CODE 5001–06–P
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Agencies
[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55293-55298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22556]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2019-OS-0119]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, DoD.
ACTION: Notice of a modified System of Records.
-----------------------------------------------------------------------
SUMMARY: The Office of the Secretary of Defense (OSD) is modifying a
System of Records titled, ``Defense Enrollment Eligibility Reporting
System (DEERS), DMDC 02 DoD.'' DEERS manages the issuance of DoD
identification cards, manages physical and logistical access to DoD
facilities and provides a database for determining DoD entitlements and
privileges. The modification also reflects changes to the following
sections: System manager, authorities, categories of individuals,
categories of records, routine uses, record access procedures, and
notification procedures.
DATES: This notice is effective upon publication; however, comments on
the Routine Uses will be accepted on or before November 15, 2019. The
Routine Uses are effective at the close of the comment period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
* Mail: Department of Defense, Office of the Chief Management
Officer, Directorate for Oversight and Compliance, 4800 Mark Center
Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and
[[Page 55294]]
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: Ms. Luz D. Ortiz, Chief, Records,
Privacy and Declassification Division (RPDD), 1155 Defense Pentagon,
Washington, DC 20311-1155, or by phone at (571) 372-0478.
SUPPLEMENTARY INFORMATION: The OSD is modifying a System of Records
subject to the Privacy Act of 1974, 5 U.S.C. 552a. The DoD uses this
System of Records for the purpose of identity management, benefit
eligibility determinations, supporting DoD healthcare management
programs and assessing manpower and personnel and readiness functions.
Additionally, this system is used to assist in Department programs such
as the Transition Assitance Program, facilitation of DoD authorized
surveys, and voter registration and voting procedures for eligible
members. This modification ensures DoD's compliance with the Privacy
Act of 1974 by updating the appropriate authorities and routine uses
for authorized sharing of information to external DoD partners,
specifically as it relates to the Servicemember Civil Relief Act
(SCRA). These updates reflect the reformatting of the notice to ensure
compliance with Office of Management and Budget (OMB) Circular No. A-
108, ``Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act.''
The DoD notices for Systems of Records subject to the Privacy Act
of 1974, 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 website
at https://dpcld.defense.gov.
The proposed system reports, as required by the Privacy Act, as
amended, were submitted on August 28, 2019, to the House Committee on
Oversight and Reform, the Senate Committee on Homeland Security and
Governmental Affairs, and the OMB pursuant to Section 6 of OMB Circular
No. A-108, ``Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act,'' revised December 23, 2016
(December 23, 2016, 81 FR 94424).
Dated: October 10, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Enrollment Eligibility Reporting Systems (DEERS), DMDC 02
DoD.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
DMDC at DISA DECC Columbus, 3990 East Broad St, Bldg. 23, Columbus,
OH 43213-0240.
SYSTEM MANAGER(S):
Deputy Director, Defense Manpower Data Center, DoD Center Monterey
Bay, 400 Gigling Road, Seaside, CA 93955-6771. Email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. 3, Inspector General Act of 1978; 5 U.S.C. Chapter
90, Federal 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. 987, Terms of Consumer Credit Extended to Members and
Dependents; 20 U.S.C. 1070h, Scholarships for Veteran's Dependents; 31
U.S.C. 3512(c), Executive Agency Accounting and Other Financial
Management Reports and Plan; 38 U.S.C. Chapter 19, Subchapter III,
Service members' Group Life Insurance; 42 U.S.C. 18001 note, Patient
Protection and Affordable Care Act (Pub. L. 111-148); 42 U.S.C. 1973ff,
Federal Responsibilities; 50 U.S.C. Chapter 23, Internal Security; 50
U.S.C. Chapter 50, Servicemembers Civil Relief Act; DoD Directive
1000.04, Federal Voting Assistance Program (FVAP); DoD Directive
1000.25, DoD Personnel Identity Protection (PIP) Program; DoD
Instruction 1015.9, Professional United States Scouting Organization
Operations at United States Military Installations Located Overseas;
DoD Instruction 1100.13, Surveys of DoD Personnel; DoD Instruction
1241.03 TRICARE Retired Reserve (TRS) 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 Manual 1341.02, DoD Identity Management DoD
Self-Service (DS) Logon Program and Credential; 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); 38 CFR 9.20, Traumatic injury
protection; and E.O. 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
To manage the issuance of DoD badges and identification cards,
i.e., Common Access Cards (CACs) or beneficiary identification cards.
To authenticate and identify DoD affiliated personnel (e.g.,
contractors); to manage physical and logical access to DoD facilities.
To provide a database for determining eligibility for DoD
entitlements and privileges; to detect fraud and abuse of the benefit
programs by claimants and providers to include appropriate collection
actions arising out of any debts incurred as a consequence of such
programs; to detect and identify current DoD civilian and military
personnel commiting benefit program fraud and abuse; to ensure benefit
eligibility is retained after separation from the military; to maintain
the Servicemembers' Group Life Insurance (SGLI) and Family SGLI (FSGLI)
coverage elections and beneficiaries' information.
To support DoD healthcare management programs, to include research
and analytical projects, through the Defense Health Agency (previously
the TRICARE Management Activity); to support benefit administration for
those beneficiaries that have granted permission to use their personal
email address for benefit-related notification purposes; to register
current DoD civilian and military personnel and their authorized
dependents to obtain medical examinations, treatment or other benefits
to which they are entitled; to provide identification of deceased
members.
To assess manpower, support personnel and readiness functions, to
include Continuous Evaluation programs; to perform statistical
analyses; to determine Service members Civil Relief Act (SCRA) duty
status as it pertains to SCRA legislation; to determine Military
Lending Act (MLA) eligibility pertaining to MLA legislation; to prepare
studies and policies related to manpower and the health and well-
[[Page 55295]]
being of current and past Armed Forces and DoD-affiliated personnel; to
assist in the Transition Assistance Program (TAP); to assist in
recruiting prior-service personnel; to notify military members eligible
to vote about voter registration and voting procedures; and to provide
rosters of DoD affiliated persons at the time of an official declared
natural or man-made disaster.
To provide appropriate contact information of DoD personnel and
beneficiaries for the purpose of conducting DoD authorized surveys.
Authorized surveys are used as a management tool for conducting
statistical analysis, policy planning, reporting, evaluation of program
effectiveness, conducting research, to provide direct feedback on key
strategic indicators, and for other policy planning purposes. Defense
Manpower Data Center (DMDC) web usage data will be used to validate
continued need for user access to DMDC computer systems and databases,
to address problems associated with web access, and to ensure that
access is only for official purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
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 members eligible for DVA benefits, beneficiaries of
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, Intergovernmental Personnel Act
Employees, 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 non-CAC holders requiring
access to DoD IT applications (i.e., DVA employees, Department of
Homeland Security (DHS) employees, state National Guard Employees,
Office of Personnel Management (OPM) employees and Affiliated
Volunteers); Individuals identified as the result of an administrative
function in information assurance/cybersecurity reports and supportive
materials.
CATEGORIES OF RECORDS IN THE SYSTEM:
Individual's name; Service or Social Security Number (SSN); DoD
identification (DoD ID) number; residence address; mailing address;
personal and work email addresses; date of birth; gender; mother's
maiden name, branch of Service; primary and secondary fingerprints and
photographs; Foreign National Identification Numbers; emergency contact
person information; stored documents for proofing identity and
association; DEERS Benefits Number; relationship of beneficiary to
sponsor, to include relationship and eligibility qualifiers (i.e.,
percent of support by sponsor, student or incapacitation status,
guardian authorizations); SGLI/FSGLI beneficiaries information and
amounts of coverage; pharmacy benefits; start and end dates of benefits
eligibility; number of family members of sponsor; multiple birth code/
birth order; primary unit duty location of sponsor; race and ethnic
origin; occupation; rank/pay grade.
Disability documentation; wounded, ill and injured identification
information; other health information (i.e., tumor/reportable disease
registry, immunizations); Medicare eligibility and enrollment data;
CHAMPVA and Federal Employees Health Benefits (FEHB) program
eligibility indicators; blood test results; Deoxyribonucleic Acid
(DNA); dental care eligibility codes and dental x-rays.
Patient registration data for shared DoD/DVA beneficiary
populations, including DVA Integration Control Number (ICN), DVA
patient type, patient category code and patient category TRICARE
enrollment data (i.e., plan name, effective dates, primary care manager
information, premium payment details), identity and relationship data,
command interest code and name, command security code and name, medical
fly status code.
Catastrophic Cap and Deductible transactions, including monetary
amounts; third party health insurance information on dependents; in
addition to identity data and demographic data for beneficiaries such
as contact information, family membership, and personnel information is
captured as required to determine and maintain benefits; DVA disability
payment records; digital signatures where appropriate to assert
validity of data; care giver information; immunization data; education
benefit eligibility and usage; special military pay information; SGLI/
FSGLI; Privacy Act audit logs; and account audit information (i.e., IP
address) to support cybersecurity policy, unauthorized access and other
similar investigations.
Character of service; reenlistment eligibility; entitlement
conditions; activations and deployments; medals and awards data;
citizenship data/country of birth; civil service employee employment
information (agency and bureau, pay plan and grade, nature of action
code and nature of action effective date, occupation series, dates of
promotion and expected return from overseas, service computation date);
compensation data (i.e., Department of Labor Compensation data); date
of separation of former enlisted and officer personnel; Information
Assurance Work Force information; language data; military personnel
information (rank, assignment/deployment, length of service, military
occupation, education, and benefit usage); reason leaving military
service or DoD civilian service; Reserve member's civilian occupation
and employment information; workforces information (e.g., acquisition,
first responders).
RECORD SOURCE CATEGORIES:
Individuals and the personnel, pay, and benefit systems of the
military and civilian departments, and agencies of the Uniformed
Services, DVA, and other Federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
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:
a. 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 CAC or other valid
identification as proof of identity to gain physical or logical access
to government and contractor facilities, locations, networks, systems,
or programs.
b. 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.
c. To the Social Security Administration for the purpose of
verifying an individual's identity.
d. To the DVA:
1. To provide uniformed service personnel (pay, wounded, ill, and
[[Page 55296]]
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.
2. 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 service members,
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 Service
members' Group Life Insurance (TSGLI) (Traumatic Injury Protection
Rider to Service members' Group Life Insurance (TSGLI), 38 CFR 9.20).
3. To register eligible veterans and their dependents for DVA
programs.
4. 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.
5. 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).
6. 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 Reserve Educational
Assistance Program (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 when administering the programs.
e. To consumer reporting agencies:
1. To obtain identity confirmation and current addresses of
separated uniformed services personnel to notify them of potential
benefits eligibility.
2. To the national consumer reporting agencies for the purpose of
ensuring eligible Service members receive MLA protections in accordance
with 32 CFR 232.
f. To financial institutions, collection agencies and others with
financial and legal transactions with eligible service members for the
purpose of ensuring those service members receive SCRA protections in
accordance with 50 U.S.C. Chapter 50.
g. To Federal Agencies, to include OPM, United States Postal
Service, Department of Health and Human Services (HHS), Department of
Education, and DVA to conduct computer matching programs regulated by
the Privacy Act of 1974, as amended (5 U.S.C. 552a), for the purpose
of:
1. Providing 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 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 (10 U.S.C. 1076d) or TRR
(10 U.S.C. 1076e).
2. 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.
3. Providing data 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, Iraq and
Afghanistan Only, for possible benefits.
4. 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).
5. Providing data to the Centers for Medicaid and Medicare Services
(CMS), HHS, for the purpose of identifying DoD eligible beneficiaries
both over and under the age of 65 who are Medicare eligible. Current
law requires the Defense Health Agency to discontinue military health
care benefits to Military Health Services beneficiaries who are
Medicare eligible unless they are enrolled in Medicare Part B.
h. To the CMS, HHS, 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, the Basic Health
Program and the American Health Benefit Exchange.
i. To Federal agencies for the purpose of notifying service members
and dependent individuals of payments or other benefits for which they
are eligible under actions of the Federal agencies.
j. To State agencies for the purpose of supporting State Veteran
Affairs activities.
k. To the Department of Labor for unemployment compensation
calculations.
l. 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.
m. 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.
n. 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
[[Page 55297]]
would contravene U.S. national policy or security interests (42 U.S.C.
653(e)).
o. To the HHS:
1. 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)).
2. 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).
3. 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.
4. For purposes of providing information to the 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.
p. To the 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.
q. 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 ICN, a shared
population of DoD and DVA beneficiaries who are users of the clinic.
r. To the American Red Cross for purposes of providing emergency
notification and assistance to members of the Armed Forces, retirees,
family members or survivors.
s. To the Office of Disability and Insurance Security Programs, for
the purpose of expediting disability processing of wounded military
service members and veterans.
t. To Federally Funded Research Centers and grantees for the
purpose of performing research on manpower problems for statistical
analyses.
u. 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.
v. To the Bureau of the Census for the purposes of planning or
carrying out a census survey or related activities pursuant to the
provisions of section 6 of title 13 U.S.C.
w. To designated officers and employees of Federal, State, local,
territorial, tribal, international, or foreign agencies in connection
with the hiring or retention of an employee, the conduct of a
suitability or security investigation, 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 and the Department deems
appropriate.
x. 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:
1. Determines the use or disclosure does not violate legal or
policy limitations under which the record was provided, collected, or
obtained;
2. Determines the research purpose (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;
3. Requires 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;
4. Secures a written statement attesting to the recipients'
understanding of, and willingness to abide by these provisions.
y. To the DHS for the conduct of studies related to the health and
well-being of Coast Guard members and to authenticate and identify
Coast Guard personnel.
z. To Federal and State agencies for purposes of obtaining
socioeconomic information on uniformed service personnel so analytical
studies can be conducted with a view to assess the present needs and
future requirements of such personnel.
aa. To the Bureau of Citizenship and Immigration Services, DHS, 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).
bb. To Coast Guard recruiters in the performance of their assigned
duties.
cc. To the Office of Personnel Management (OPM) for the purpose of
addressing civilian 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.
dd. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
ee. To any component of the Department of Justice for the purpose
of representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
[[Page 55298]]
ff. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
gg. To the National Archives and Records Administration (NARA) for
the purpose of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
hh. To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
ii. To appropriate agencies, entities, and persons when (1) the DoD
suspects or has confirmed that there has been a breach of the System of
Records; (2) the DoD has determined that as a result of the suspected
or confirmed breach there is a risk of harm to individuals, the DoD
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the DoD's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm
jj. To another Federal agency or Federal entity, when the DoD
determines that information from this System of Records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored on electronic storage media.
POLICIES AND PRACTICES FOR RETREIVAL OF RECORDS:
Individuals' records can be retrieved using a search algorithm
utilizing with the primary identity traits: Personal identifier (e.g.,
SSN, service number, foreign identification number, etc.), name, date
of birth and gender; mailing address, telephone number, mother's maiden
name and place of birth when available. Individual information can be
retrieved via the DoD ID Number or DoD Benefits Number; data retrievals
may be done by biometrics (i.e., fingerprints, photograph); data
retrievals for generating address lists for direct mail distribution
may be accomplished using selection criteria based on geographic and
demographic keys; data retrievals may also be done utilizing audit
information.
POLICES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Hardcopy version of DD Form 1172-2: Destroy once written to optical
disk. Optical disks: Destroy primary and backup copies after 5 years.
The DEERS database is Permanent: Cut off (take a snapshot) at end of
Fiscal Year and transfer to NARA in accordance with 36 CFR 1228.270 and
36 CFR 1234 Output records (electronic or paper summary reports) are
deleted or destroyed when no longer needed for operational purposes.
Note: This disposition instruction applies only to record keeping
copies of the reports retained by DMDC. The DoD office requiring
creation of the report should maintain its record keeping copy in
accordance with NARA approved disposition instructions for such
reports.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Computerized records are maintained in a controlled area accessible
only to authorized personnel. Entry to these areas is restricted to
those personnel with a valid requirement and authorization to enter.
Physical entry is restricted by the use of locks, guards, and
administrative procedures (e.g., fire protection regulations). Access
to personal information is restricted to those requiring the records in
the performance of their official duties, and to the individuals who
are the subjects of the record or their authorized representatives.
Access to personal information is further restricted by the use of
Public Key Infrastructure or login/password authorization. All
individuals granted access to this system of records require
Information Assurance and Privacy Act training.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Office
of the Secretary of Defense/Joint Staff Freedom of Information Act
Requester Service Center, 1155 Defense Pentagon, Washington, DC 20301-
1155. Signed written requests should contain the name and number of
this system of records notice along with the full name, identifier
(i.e., DoD ID number, DoD Benefits Number, or SSN), date of birth,
current address, and telephone number of the individual. In addition,
the requester must provide either a notarized statement or a
declaration made in accordance with 28 U.S.C. 1746, using the following
format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents, and
appealing initial agency determinations are published in 32 CFR part
310 or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Deputy Director, Defense Manpower Data Center, DoD Center
Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771. Signed written
requests should contain the full name, identifier (i.e., DoD ID number,
DoD Benefits Number, or SSN), date of birth, and current address and
telephone number of the individual. In addition, the requester must
provide either a notarized statement or a declaration made in
accordance with 28 U.S.C. 1746, using the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
EXEMPTIONS PROULGATED FOR THE SYSTEM:
None.
HISTORY:
July 27, 2016, 81 FR 49210.
[FR Doc. 2019-22556 Filed 10-15-19; 8:45 am]
BILLING CODE 5001-06-P