[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71081-71083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29339]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2010-0027]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Department of the Army proposes to add a system of records 
to its inventory of record systems subject to the Privacy Act of 1974 
(5 U.S.C. 552a), as amended.

DATES: This proposed action would be effective without further notice 
on December 22, 2010 unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) and title, by any of the following 
methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, Room 3C843, 
1160 Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Department of the Army, Privacy 
Office, U.S. Army Records Management and Declassification Agency, 7701 
Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905, 
Mr. Leroy Jones at (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army 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 FOR FURTHER INFORMATION CONTACT address above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on November 12, 2010, 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 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).


[[Page 71082]]


    Dated: November 12, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0215-3a FMWRC (DoD)

System Name:
    Department of Defense Non-appropriated Fund Health Benefits 
(DODNHB).

System Location:
    Aetna Inc., 151 Farmington Avenue, Hartford, CT 06156-0001.

Categories of individuals covered by this system:
    Current and retired Non-appropriated Fund (NAF) employees of the 
U.S. Army (USA), U.S. Navy (USN), U.S. Air Force (USAF), U.S. Marine 
Corps (USMC), Army and Air Force Exchange System (AAFES) and the Navy 
Exchange Services Command (NEXCOM) who participate in the DoD NAF 
Health Program administered by Aetna.

Categories of records in the system:
    This information includes full name, address, phone numbers, date 
of birth, gender, current status (actively employed or retired), Social 
Security Numbers (SSN), ethnicity, medical diagnostic codes, and 
charges for health care.

Authority for maintenance of the system:
    Section 349 of Public Law number 103-337, formerly the National 
Defense Authorization Act for Fiscal Year 1995; Sections 102a and 262 
of Public Law number 104-191, the Health Insurance Portability and 
Accountability Act of 1996; Public Law number 110-173 Medicare, 
Medicaid and SCHIP Extension Act (MMSEA) of 2007, E.O., 9397, (SSN), as 
amended.

Purpose(s):
    The DoDNHB system is used to administer a number of health care 
plans for Non-appropriated Fund (NAF) employees of the Army, Navy, Air 
Force, Marine Corps, Army-Air Force Exchange Service (AAFES) and the 
Navy Exchange Command (NEXCOM). Health plan administration includes 
such functions as maintaining a database of subscribers, tracking 
claims, negotiating payments to health care providers and providing 
reports to the DoD program office.

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, these records contained therein may 
specifically be disclosed outside the DoD as routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices also apply to this 
system.

    Note:  This system of records contains Personal Identifiable 
Information. The DoD Health Information Privacy Regulation (DoD 
6025.18-R) issued pursuant to the Health Insurance Portability and 
Accountability Act of 1996, applies to most such health information. 
DoD 6025.18-R may place at any time additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Electronic storage media.

Retrievability:
    Retrieved by the employee using a unique username and password. 
Aetna administrators/managers retrieve individual employee data using 
an internally-generated number based on the plan number and customer 
number or Social Security Number (SSN).

Safeguards:
    DODNHB is hosted at the Aetna corporate datacenter. Access to DoD 
employee data is limited to authorized users with a need-to-know and 
incorporates a ``least privilege'' policy for file permissions. The 
contract between Aetna and DoD requires a high level of information 
protection to include data-at-rest encryption. Regular reports on the 
status of information security measures are required, as is immediate 
notification of possible failures. Data records are maintained in 
datacenter facilities that are secured 24 hours per day with restricted 
access. Data access is restricted to the DoD NAF employee, individuals 
with a business ``need-to-know'' and authorized technical 
administrators.

Retention and disposal:
    Records are retained for seven (7) years following disenrollment of 
the DoD NAF employee from the health plan. Record disposal is done by 
securely erasing the electronic media on which the data was stored. 
Some data is received in paper forms. This data is transferred to 
electronic media and the paper forms are immediately destroyed by 
shredding.

System manager and address:
    NAF Employee Benefits Program Administrator, NAF Personnel Policy 
Office (CPMS-AN), 1400 Key Boulevard, Suite B200, Arlington, VA 22209-
1556.

Program managers for each Service/Non Appropriate Fund Insurance are:
    For current or retired USA NAF employees: Chief, NAF Employee 
Benefits Office, Family and Morale, Welfare and Recreation Command, 
4700 King Street, 3rd Floor, Alexandria, VA 22302-4400.
    For current or retired USN NAF employees: Commander Navy 
Installations Command--Head, NAF Human Resources, CNIC, Millington 
Detachment, 7736 Kitty Hawk Drive, Building 457, N253, Millington, CT 
38054-0001.
    For current or retired USAF NAF employees: Chief, NAF Employee 
Benefits Office, HQ AFSVA/SVXBI, 10100 Reunion Plaza, Suite 502, San 
Antonio, TX 78216-4188.
    For current or retired USMC NAF employees: Program Manager, 
Employee Benefits, Headquarters U.S. Marine Corps, Personal and Family 
Readiness Division, 3044 Catlin Avenue, Quantico, VA 22134-5003.
    For current or retired AAFES NAF employees: Director of Employee 
Benefits, HQ AAFES, FA-T/Benefits, 3911 Walton Walker Boulevard, 
Dallas, TX 75236-1509.
    For current or retired NEXCOM NAF employees: Director Employee 
Benefits, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, 
Virginia Beach, VA 23452-5724.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to:
    For current or retired USA NAF employees: Chief, NAF Employee 
Benefits Office, Family and Morale, Welfare and Recreation Command, 
4700 King Street, 3rd Floor, Alexandria, VA 22302-4400.
    For current or retired USN NAF employees: Commander Navy 
Installations Command--Head, NAF Human Resources, CNIC, Millington 
Detachment, 7736 Kitty Hawk Drive, Building 457, N253, Millington, CT 
38054-0001.
    For current or retired USAF NAF employees: Chief, NAF Employee 
Benefits Office, HQ AFSVA/SVXBI, 10100 Reunion Plaza, Suite 502, San 
Antonio, TX 78216-4188.
    For current or retired USMC NAF employees: Program Manager, 
Employee

[[Page 71083]]

Benefits, Headquarters U.S. Marine Corps, Personal and Family Readiness 
Division, 3044 Catlin Avenue, Quantico, VA 22134-5003.
    For current or retired AAFES NAF employees: Director of Employee 
Benefits, HQ AAFES, FA-T/Benefits, 3911 Walton Walker Boulevard, 
Dallas, TX 75236-1509.
    For current or retired NEXCOM NAF employees: Director Employee 
Benefits, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, 
Virginia Beach, VA 23452-5724.
    Requests should contain full name, last four digits of Social 
Security Number (SSN), date of birth, current status (actively employed 
or retired) and current mailing address with any details which may 
assist in locating records, and their signature.
    In addition, the requester must provide 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 State 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)'.''

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
appropriate DoD NAF employer below.
    For current or retired USA NAF employees: Chief, NAF Employee 
Benefits Office, Family and Morale, Welfare and Recreation Command, 
4700 King Street, 3rd Floor, Alexandria, VA 22302-4400.
    For current or retired USN NAF employees: Commander Navy 
Installations Command--Head, NAF Human Resources, CNIC, Millington 
Detachment, 7736 Kitty Hawk Drive, Building 457, N253, Millington, CT 
38054-0001.
    For current or retired USAF NAF employees: Chief, NAF Employee 
Benefits Office, HQ AFSVA/SVXBI, 10100 Reunion Plaza, Suite 502, San 
Antonio, TX 78216-4188.
    For current or retired USMC NAF employees: Program Manager, 
Employee Benefits, Headquarters U.S. Marine Corps, Personal and Family 
Readiness Division, 3044 Catlin Avenue, Quantico, VA 22134-5003.
    For current or retired AAFES NAF employees: Director of Employee 
Benefits, HQ AAFES, FA-T/Benefits, 3911 Walton Walker Boulevard, 
Dallas, TX 75236-1509.
    For current or retired NEXCOM NAF employees: Director Employee 
Benefits, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, 
Virginia Beach, VA 23452-5724.
    For verification purposes, individuals should provide their full 
name, last four digits of Social Security Number (SSN), date of birth, 
current status (current employee or retired) and current mailing 
address and any details which may assist in locating record, and their 
signature.
    In addition, the requester must provide 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 Army's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager. Denial to amend records in this system can be made only by the 
NAF Employee Benefits Program Administrator.
    Individuals wishing to contest the content or existence of a record 
containing their personal or medical information should address written 
inquiries to the HIPAA privacy official for the DoDNHB system at: NAF 
Employee Benefits Program Administrator, NAF Personnel Policy Office 
(CPMS-AN), 1400 Key Boulevard, Suite B200, Arlington, VA 22209-1556.

Record source categories:
    Employee personal and eligibility data from the six DoD NAF 
employers, transmitted by electronic data transfer and paper 
application forms. Medical and billing information from health care 
providers, transmitted electronically. Data interchanges, required by 
Section 111 of Public Law 110-173, take place between Aetna and the 
Centers for Medicare & Medicaid Services in the Department of Health 
and Human Services.

Exemptions claimed for the system:
    None.

[FR Doc. 2010-29339 Filed 11-19-10; 8:45 am]
BILLING CODE 5001-06-P