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[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69807-69811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28240]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0143]

Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records in its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective on December 24, 2012 
unless comments are received which result in a contrary determination. 
Comments will be accepted on or before December 21, 2012.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:

[[Page 69808]]

     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard, Chief, OSD/JS 
Privacy Office, Freedom of Information Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155, or by phone at (571) 372-0461.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address in FOR FURTHER INFORMATION CONTACT. 
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 15, 2012, 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).

    Dated: November 15, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 02 DoD

System name:
    Defense Enrollment Eligibility Recording System (DEERS), (August 3, 
2011, 76 FR 46757).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Defense Enrollment Eligibility 
Reporting System (DEERS).''
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Members, former members, retirees, 
civilian employees (includes non-appropriated fund) and contractor 
employees of the DoD and all of the Uniformed Services; Presidential 
appointees of all Federal Government agencies; Medal of Honor 
recipients; U.S. Military Academy students; non-Federal agency civilian 
associates (e.g., American Red Cross paid employees, non-DoD contract 
employees); DoD local national hires; DoD beneficiaries; dependents; 
prior military eligible for Department of Veterans Affairs (VA) 
benefits; VA beneficiaries; beneficiaries of Servicemembers' Group Life 
Insurance (SGLI)/Family SGLI (FSGLI); members of the public treated for 
a medical emergency in a DoD or joint DoD/VA medical facility; and 
individuals who require a Common Access Card to access DoD applications 
(i.e., Department of Homeland Security employees, and state National 
Guard Employees).''

Categories of records in the system:
    Delete entry and replace with ``Individual's name; Service or 
Social Security Number (SSN); DoD ID number; enrollment number; 
relationship of beneficiary to sponsor; residence address; date of 
birth; gender; mother's maiden name, branch of Service; dates of 
beginning and ending 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; character of 
service; reenlistment eligibility; entitlement conditions; activations 
and deployments; disability documentation; wounded, ill and injured 
identification information; other health information, i.e., tumor/
reportable disease registry; Medicare eligibility and enrollment data; 
primary and secondary fingerprints and photographs; blood test results; 
Deoxyribonucleic Acid (DNA); dental care eligibility codes and dental 
x-rays; and Foreign National Identification Numbers.
    Patient registration data for shared DoD/VA beneficiary 
populations, including VA Integration Control Number (ICN), VA patient 
type, patient category code and patient category name of sponsor and 
beneficiary, patient location Defense Medical Information System, 
patient location date, identity and relationship data, command interest 
code and name, command security code and name, medical fly status code. 
Catastrophic Cap and Deductible (CCD) transactions, including monetary 
amounts; CHAMPUS/TRICARE claim records containing enrollee, participant 
and health care facility, provider data such as, cause of treatment, 
amount of payment, name and Social Security or tax identification 
number of providers or potential providers of care; citizenship data/
country of birth; civil service employee employment information (agency 
and bureau, pay plan and grade, nature of action code and nature of 
action effective date, occupation series, dates of promotion and 
expected return from overseas, service computation date); claims data; 
compensation data; contractor fee payment data; date of separation of 
former enlisted and officer personnel; third party health insurance 
information on dependents; SGLI/FSGLI beneficiaries information and 
amounts of coverage; demographic data (kept on others beyond 
beneficiaries) date of birth, home of record state, sex, race, 
education level; VA disability payment records; digital signatures 
where appropriate to assert validity of data; email (home/work); 
emergency contact person information; care giver information; 
immunization data; Information Assurance (IA) Work Force information; 
language data; military personnel information (rank, assignment/
deployment, length of service, military occupation, education, and 
benefit usage); pharmacy benefits; reason leaving military service or 
DoD civilian service; Reserve member's civilian occupation and 
employment information; education benefit eligibility and usage; 
special military pay information; SGLI/FGLI; stored documents for 
proofing identity and association; workforces information (e.g., 
acquisition, first responders); Privacy Act audit logs.''

Authority for maintenance of the system:
    Delete entry and replace with ``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 55 Medical and 
Dental Care; 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; 20 U.S.C. 
1070a(f)(4), Higher Education Opportunity Act; 31 U.S.C. 3512(c), 
Executive Agency Accounting and Other Financial Management; 42 U.S.C. 
18001 note, Patient Protection and Affordable Care Act (Public Law

[[Page 69809]]

111-148); 42 U.S.C. 1973ff, Federal Responsibilities; 50 U.S.C. Chapter 
23, Internal Security; DoD Directive 1000.04, Federal Voting Assistance 
Program (FVAP); DoD Instruction 1100.13, Surveys of DoD Personnel; DoD 
Instruction 1341.2, DEERS Procedures; DoD Instruction 3001.02, 
Personnel Accountability in Conjunction with Natural or Manmade 
Disasters; Homeland Security Presidential Directive 12, Policy for a 
Common Identification Standard for Federal Employees and Contractors; 
38 CFR part 9.20, Traumatic injury protection; 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); and 
E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``To provide a database for 
determining eligibility for DoD entitlements and privileges; to support 
DoD health care management programs, to include research and analytical 
projects, through TRICARE Management Activity; to provide 
identification of deceased members; to record the issuance of DoD 
badges and identification cards, i.e., Common Access Cards (CAC) or 
beneficiary identification cards; and to detect fraud and abuse of the 
benefit programs by claimants and providers to include appropriate 
collection actions arising out of any debts incurred as a consequence 
of such programs.
    To authenticate and identify DoD affiliated personnel (e.g., 
contractors); to grant physical and logical access to DoD facilities; 
to assess manpower, support personnel and readiness functions; to 
perform statistical analyses; identify current DoD civilian and 
military personnel for purposes of detecting fraud and abuse of benefit 
programs; to register current DoD civilian and military personnel and 
their authorized dependents for purposes of obtaining medical 
examination, treatment or other benefits to which they are entitled; to 
ensure benefit eligibility is retained after separation from the 
military; information will be used by agency officials and employees, 
or authorized contractors, and other DoD Components for personnel and 
manpower studies; to assist in recruiting prior-service personnel; and 
to notify military members eligible to vote about information for 
registration and voting procedures.
    To provide appropriate contact information of DoD Personnel and 
beneficiaries for the purpose of conducting surveys authorized by the 
Department of Defense. Authorized surveys are used as a management tool 
for 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.
    To maintain the Servicemembers' Group Life Insurance (SGLI) and 
Family SGLI (FSGLI) coverage elections and beneficiaries' information. 
To provide rosters of DoD affiliated persons at the time of an official 
declared natural or man-made disaster.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, these records may specifically be disclosed outside the DoD 
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To the Office of Disability and Insurance Security Programs, for 
the purpose of expediting disability processing of wounded military 
service members and veterans.
    2. To other Federal agencies and state, local and territorial 
governments to identify fraud and abuse of the Federal agency's 
programs and to identify debtors and collect debts and overpayment in 
the DoD health care programs.
    3. To each of the fifty states and the District of Columbia for the 
purpose of 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.
    4. To provide dental care providers assurance of treatment.
    5. To Federal agencies and/or their contractors, the Transportation 
Security Administration and other federal transportation agencies, for 
purposes of authenticating the identity of individuals who, incident to 
the conduct of official business, present the Common Access Card or 
other valid identification as proof of identity to gain physical or 
logical access to government and contractor facilities, locations, 
networks, systems, or programs.
    6. To State and local child support enforcement agencies for 
purposes of providing information, consistent with the requirements of 
29 U.S.C. 1169(a), 42 U.S.C. 666(a)(19), and E.O. 12953 and in response 
to a National Medical Support Notice (NMSN) (or equivalent notice if 
based upon the statutory authority for the NMSN), regarding the 
military status of identified individuals and whether, and for what 
period of time, the children of such individuals are or were eligible 
for DoD health care coverage. NOTE: Information requested by the States 
is not disclosed when it would contravene U.S. national policy or 
security interests (42 U.S.C. 653(e)).
    7. To the Department of Health and Human Services (HHS):
    a. For purposes of providing information, consistent with the 
requirements of 42 U.S.C. 653 and in response to an HHS request, 
regarding the military status of identified individuals and whether the 
children of such individuals are or were eligible for DoD healthcare 
coverage and for what period of time they were eligible. Note: 
Information requested by HHS is not disclosed when it would contravene 
U.S. national policy or security interests (42 U.S.C. 653(e)).
    b. For purposes of providing information so that specified Medicare 
determinations, specifically late enrollment and waiver of penalty, can 
be made for eligible (1) DoD military retirees and (2) spouses (or 
former spouses) and/or dependents of either military retirees or active 
duty military personnel, pursuant to section 625 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2002 (as 
codified at 42 U.S.C. 1395p and 1395r).
    c. To the Office of Child Support Enforcement, Federal Parent 
Locator Service, pursuant to 42 U.S.C. 653 and 653a; to assist in 
locating individuals for the purpose of establishing parentage; 
establishing, setting the amount of, modifying, or enforcing child 
support obligations; or enforcing child custody or visitation orders; 
the relationship to a child receiving benefits provided by a third 
party and the name and SSN of those third party providers who have a 
legal responsibility. Identifying delinquent obligors will allow state 
child support enforcement agencies to commence wage withholding or 
other enforcement actions against the obligors.
    d. For purposes of providing information to the Centers for 
Medicare and Medicaid Services (CMS) to account for the impact of DoD 
healthcare on local reimbursement rates for the Medicare Advantage 
program as required in 42 CFR 422.306.
    8. To the American Red Cross for purposes of providing emergency 
notification and assistance to members of the Armed Forces, retirees, 
family members or survivors.
    9. To the Department of Veterans Affairs (DVA):

[[Page 69810]]

    a. To provide uniformed service personnel, pay and wounded, ill and 
injured identification data for present and former uniformed service 
personnel for the purpose of evaluating use of veterans' benefits, 
validating benefit eligibility and maintaining the health and well-
being of veterans and their family members.
    b. To provide identifying uniformed service personnel data to the 
DVA and its insurance program contractor for the purpose of conducting 
outreach and administration of benefits to qualified 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 
Servicemember's Group Life Insurance (TSGLI) (Traumatic Injury 
Protection Rider to Servicemember's Group Life Insurance (TSGLI), 38 
CFR part 9.20).
    c. To register eligible veterans and their dependents for DVA 
programs.
    d. To provide former uniformed service personnel and survivor's 
financial benefit data to DVA for the purpose of identifying retired 
pay and survivor benefit payments for use in the administration of the 
DVA's Compensation and Pension Program (38 U.S.C. 5106). The 
information is to be used to process all DVA award actions more 
efficiently, reduce subsequent overpayment collection actions, and 
minimize erroneous payments.
    e. To provide identifying uniformed service personnel data to the 
DVA for the purpose of notifying such personnel of information relating 
to educational assistance as required by the Veterans Programs 
Enhancement Act of 1998 (38 U.S.C. 3011 and 3034).
    f. Providing to the Veterans Benefits Administration, DVA uniformed 
service personnel and financial data for the purpose of determining 
initial eligibility and any changes in eligibility status to insure 
proper payment of benefits for GI Bill education and training benefits 
by the DVA under the Montgomery GI Bill (10 U.S.C., Chapter 1606--
Selected Reserve and 38 U.S.C., Chapter 30--Active Duty), the REAP 
educational benefit (Title 10 U.S.C., Chapter 1607), and the National 
Call to Service enlistment educational benefit (10 U.S.C., Chapter 
510), the Post 9/11 GI Bill (38 U.S.C., Chapter 33) and The 
Transferability of Education Assistance to Family Members. The 
administrative responsibilities designated to both agencies by the law 
require that data be exchanged in administering the programs.
    10. To Federally Funded Research Centers and grantees for the 
purpose of performing research on manpower problems for statistical 
analyses.
    11. To consumer reporting agencies to obtain current addresses of 
separated uniformed services personnel to notify them of potential 
benefits eligibility.
    12. 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.
    13. To Federal and quasi Federal agencies, territorial, state, and 
local governments to support personnel functions requiring data on 
prior uniformed service personnel credit for their employees or for job 
applications. To determine continued eligibility and help eliminate 
fraud and abuse in benefit programs and to collect debts and over 
payments owed to these programs. Information released includes name, 
SSN, and military or civilian address of individuals. To detect fraud, 
waste and abuse pursuant to the authority contained in the Inspector 
General Act of 1978, as amended (Pub. L. 95-452) for the purpose of 
determining eligibility for, and/or continued compliance with, any 
Federal benefit program requirements.
    14. To Federal and quasi Federal agencies, territorial, state and 
local governments, and contractors and grantees for the purpose of 
supporting research studies concerned with the health and well-being of 
active duty, reserve, and retired uniformed service personnel or 
veterans, to include family members. DMDC will disclose information 
from this system of records for research purposes when DMDC:
    a. Has determined that the use or disclosure does not violate legal 
or policy limitations under which the record was provided, collected, 
or obtained;
    b. Has determined that the research purpose (1) cannot be 
reasonably accomplished unless the record is provided in individually 
identifiable form, and (2) warrants the risk to the privacy of the 
individual that additional exposure of the record might bring;
    c. Has required the recipient to (1) establish reasonable 
administrative, technical, and physical safeguards to prevent 
unauthorized use or disclosure of the record, and (2) remove or destroy 
the information that identifies the individual at the earliest time at 
which removal or destruction can be accomplished consistent with the 
purpose of the research project, unless the recipient has presented 
adequate justification of a research or health nature for retaining 
such information, and (3) make no further use or disclosure of the 
record except (A) in emergency circumstances affecting the health or 
safety of any individual, (B) for use in another research project, 
under these same conditions, and with written authorization of the 
Department, (C) for disclosure to a properly identified person for the 
purpose of an audit related to the research project, if information 
that would enable research subjects to be identified is removed or 
destroyed at the earliest opportunity consistent with the purpose of 
the audit, or (D) when required by law;
    d. Has secured a written statement attesting to the recipients' 
understanding of, and willingness to abide by these provisions.
    15. To Federal and State agencies for purposes of obtaining 
socioeconomic information on uniformed service personnel so that 
analytical studies can be conducted with a view to assessing the 
present needs and future requirements of such personnel.
    16. 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.
    17. To the Bureau of Citizenship and Immigration Services, 
Department of Homeland Security, for purposes of facilitating the 
verification of individuals who may be eligible for expedited 
naturalization (Pub. L. 108-136, Section 1701, and E.O. 13269, 
Expedited Naturalization).
    18. To the Department of Homeland Security for the conduct of 
studies related to the health and well-being of Coast Guard members and 
to authenticate and identify Coast Guard personnel.
    19. To Coast Guard recruiters in the performance of their assigned 
duties.
    20. To Federal Agencies, to include OPM, United States Postal 
Service, Executive Office of the President and Administrative Office of 
the Courts; Department of Health and Human Services; Department of 
Education; Department of Veterans Affairs to conduct computer matching 
programs regulated by the Privacy Act of 1974, as amended (5 U.S.C. 
552a), for the purpose of:
    a. Providing all members of the Reserve Component of the Armed 
Forces to be matched against the Federal agencies for identifying those 
Reserve Component Service members that are also Federal civil service 
employees with eligibility for the Federal Employees Health Benefits 
(FEHB) program. This disclosure by the Federal

[[Page 69811]]

agencies will provide the DoD with the FEHB program eligibility and 
Federal employment information necessary to determine initial and 
continuing eligibility for the TRICARE Reserve Select (TRS) program and 
the TRICARE Retired Reserve (TRR) program (collectively referred to as 
purchased TRICARE programs). Reserve Component members who are not 
eligible for FEHB program are eligible for TRS (section 1076d of title 
10) or TRR (section 1076e of title 10).
    b. Providing all members of the Reserve Component of the Armed 
Forces to be matched against the Federal agencies for the purpose of 
identifying the Ready Reserve Component Service members who are also 
employed by the Federal Government in a civilian position, so that 
reserve status can be terminated if necessary. To accomplish an 
emergency mobilization, individuals occupying critical civilian 
positions cannot be mobilized as Reservists.
    c. Providing to the Department of Education for the purpose of 
identifying dependent children of those Armed Forces members killed in 
Operation Iraqi Freedom and Operation Enduring Freedom (OIF/OEF), Iraq 
and Afghanistan Only, for possible benefits.
    d. Providing to the Centers for Medicaid and Medicare Services, 
Department of Health and Human Service, for the purpose of identifying 
DoD eligible beneficiaries both over and under the age of 65 who are 
Medicare eligible. Current law requires TMA to discontinue military 
health care benefits to Military Heath Services beneficiaries who are 
Medicare eligible unless they are enrolled in Medicare Part B.
    e. Providing to the Veterans Benefits Administration, DVA uniformed 
service data for the purpose of determining eligibility and any changes 
in eligibility status to insure proper administration of benefits for 
GI Bill education and training benefits under the Montgomery GI Bill 
(10 U.S.C., Chapter 1606--Selected Reserve and 38 U.S.C., Chapter 30--
Active Duty), the Post 9/11 GI Bill (38 U.S.C., Chapter 33).
    f. Providing to the Centers for Medicaid and Medicare Services, 
Department of Health and Human Services, for the purpose of verifying 
individual's healthcare eligibility status, in accordance with the 
Affordable Care Act. Data provided to CMS will be used to make 
eligibility determinations for insurance affordability programs, 
administered by Medicaid, the Children's Health Insurance Program 
(CHIP), the Basic Health Program (BHP) and the American Health Benefit 
Exchange.
    21. To Federal and contractor medical personnel at joint DoD/VA 
health care clinics, for purposes of authenticating the identity of 
individuals who are registered as patients at the clinic and 
maintaining, through the correlation of DoD ID number and Integration 
Control Number (ICN), a shared population of DoD and VA beneficiaries 
who are users of the clinic.
    The DoD Blanket Routine Uses published at the beginning of the 
Office of the Secretary of Defense (OSD) compilation of systems of 
records notices may apply to this system.''
* * * * *
[FR Doc. 2012-28240 Filed 11-20-12; 8:45 am]
BILLING CODE 5001-06-P
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