[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19103-19106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06644]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2023-OS-0026]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
establishing a new Department-wide system of records, titled ``DoD
Patron Authorization, Retail and Service Activities,'' DoD-0018. This
system of records covers DoD's maintenance of records about eligible
patron authorizations and transactional information associated with
retail purchases and services. Retail includes goods and services
provided by any DoD organization to authorized patrons including those
who are authorized based on Department affiliation.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before May 1, 2023.
The Routine Uses are effective at the close of the comment period.
ADDRESSES: You may submit comments, identified by docket number and
title, by either of the following methods:
* Federal Rulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at https://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for Privacy, Civil Liberties and
Freedom of Information, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700; [email protected]; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the DoD Patron Authorization, Retail, and
Service Activities, DoD-0018, system of records as a DoD-wide Privacy
Act system of records. A DoD-wide system of records notice (SORN)
supports multiple DoD paper or electronic recordkeeping systems
operated by more than one DoD component that maintains the same or
[[Page 19104]]
similar kind of information about individuals for the same purpose.
Establishment of DoD-wide SORNs help DoD standardize the rules
governing the collection, maintenance, use, and sharing of personal
information in key areas across the enterprise. DoD-wide SORNs also
reduce duplicative and overlapping SORNs published by separate DoD
components. The creation of DoD-wide SORNs is expected to make locating
relevant SORNs easier for DoD personnel and the public and create
efficiencies in the operation of the DoD privacy program.
DoD includes multiple activities which provide goods and services
to DoD patrons, their family members, and dependents; visitors to
military installations; and other individuals who are affiliated to the
military community or the Department (collectively, DoD patrons). Among
those activities are military exchanges to include the Army and Air
Force Exchange Service (AAFES), the Marine Corps Exchange (MCX), and
the Navy Exchange Service Command (NEX), and the Marine Corps Community
Services (MCCS), along with the Defense Commissary Agency (DeCA). Each
of these types of activities offer a benefit to our military community
and those with ties to this community.
This new SORN addresses the collection of general personal
financial and business transaction records associated with the benefits
provided by organizations such as the military exchanges above and
other vendors located on military installations. Included data may
consist of biographical information of DoD patrons for identification
purposes, personal contact information, military connection, personal
financial information, for processing payments and credit requests,
records of those patrons who are on the bad check and outstanding debt
list, source of patron authorization, and demographic data. Usage of
the information includes account maintenance and collection efforts,
providing the services requested, and marketing initiatives. Collected
data will ensure individuals affiliated with the military are not only
authorized to obtain goods, items, and services, but also are able to
engage and participate in Exchange transactional matters associated
with approved benefits, and payments.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Privacy, Civil Liberties, and Freedom of Information Directorate
website at https://dpcld.defense.gov.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: March 27, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
DoD Patron Authorization, Retail, and Service Activities, DoD-0018.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented and overseen by
the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system managers for this system are as follows:
A. Deputy Assistant Secretary of Defense for Military Community and
Family Policy, Office of the Under Secretary of Defense (Personnel &
Readiness), Deputy Under Secretary of Defense for Manpower and Reserve
Affairs, 4000 Defense Pentagon, Washington DC 20301-4000, [email protected].
B. Deputy Director/Chief Operating Officer, Defense Commissary
Agency, 1300 E Avenue, Fort Lee, VA 23801-1800.
C. Commander, Department of the Army, Family and Morale, Welfare
and Recreation Command, 4700 King Street, Alexandria, VA 22302-4414.
D. Policy Official Commander, Navy Installations (Finance
Department) Millington Detachment, 5720 Integrity Drive, Millington, TN
38055-6500.
E. Chief of Community Programs, Community Programs Division,
Services Directorate, Headquarters Air Force Personnel Center, 2261
Hughes Avenue Suite 156, Joint Base San Antonio (JBSA), Lackland AFB,
TX 78236-9854.
F. Deputy Director/COO, Marine Corps Exchange, Business and Support
Services Division (MR), Headquarters, U.S. Marine Corps, 3044 Catlin
Ave., Quantico, VA 22134-5009.
G. Director/Chief Executive Officer, Army and Air Force Exchange
Service, 3911 S Walton Walker Boulevard, Dallas, TX 75236-1598; 800-
527-6790.
H. To obtain information on the system managers at the Combatant
Commands, Defense Agencies, or other Field Activities with oversight of
the records that are not listed above, please visit www.FOIA.gov to
contact the component's Freedom of Information Act (FOIA) office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Claims Collection Act of 1966 (Pub. L. 89-508, as amended)
and Debt Collection Act of 1982 (Pub. L. 97-365, as amended), as
amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134, section 31001) as codified in 31 U.S.C. 3711, Collection and
Compromise Activities; 10 U.S.C. 2481, Defense Commissary and Exchange
Systems: Existence and Purpose; 10 U.S.C. 1146, Commissary and Exchange
Benefits; 10 U.S.C. 2488, Combined Exchange and Commissary Stores; 14
U.S.C. 152, Nonappropriated Fund Instrumentalities; DoD Instruction
(DoDI) 1330.21, Armed Services Exchange Regulation; DoDI 1330.17, DoD
Commissary Program; DoDI 1330.09, Armed Services Exchange Policy; DoDI
1330.21, Armed Services Exchange Regulations; DoD 7000.14-R, Department
of Defense Financial Management Regulation Volume 13: ``Nonappropriated
Funds Policy'' and Volume 16: ``Department of Defense Debt
Management''; and E.O. 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
A. To identify and authenticate individuals who are authorized to
obtain DoD privileges for goods and/or services as authorized by
Congress and applicable Service regulations.
B. To manage data for statistical analysis, tracking, and reporting
for business optimization to include marketing initiatives and
advertising and to support regulatory requirements.
C. To control sales, record transactions and payments, identify and
act on unpaid debts, and provide a customer rewards program.
D. To interact with financial institutions for the processing of
payments received.
E. To monitor sales compliance with Federal laws and regulations as
well as
[[Page 19105]]
overseas treaties, Status of Forces Agreements (SOFA) requirements, and
local government agreements.
F. To process applications for credit; administer and monitor
account information; and perform required reports as regulated by
statutes or regulations.
G. To authenticate purchases for fraud and abuse detection, loss
prevention, and identify potential abuse of privileges.
H. To address and respond to individual's comments or complaints
concerning the DoD military exchanges, commissaries, and other vendors
located on military installation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
A. Individuals who are authorized to receive privileges or
benefits, described in the Purposes of the System section, at any DoD
location. This may include current and former military Service members
(Active, Reserve, Guard, retirees, veterans), cadets and students,
current and retired non-appropriated fund and appropriated fund DoD
civilian employees, sponsored family members or other dependents of
authorized patrons including children, agents shopping for an
authorized patron, and individuals commissioned or contracted with the
Federal government.
B. Visitors to DoD facilities who are offered limited-time exchange
limited-purchase privileges. These individuals may include members of
the public who are invited to a DoD location for special events such as
air shows, retirement ceremonies, or military graduations, and those
who are stranded on an installation. Also included are individuals
authorized by Secretary of Defense regulations such as recipients of
the Medal of Honor and selected military personnel of foreign nations.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Personal and Account Information, such as individual's full
name, date of birth, Social Security Number (SSN); age; gender; marital
status; contact information, such as mailing/physical address, email
address, phone numbers; website log-in information; personal automobile
license plate number; user name for internet and/or mobile ordering
data; social media username (Facebook, Twitter, Flickr, YouTube);
individual and household size profiles, demographics data, preferences,
and feedback.
B. Employment Information, such as current/past employer's name and
contact information; position/grade/rank; salary/wages; Department of
Defense Identification Number (DoD ID Number); branch of Service;
projected future station of assignment.
C. Financial Information, such as bank name, bank account number,
routing number, check number; credit, debit, and gift card numbers
holder data; benefit transfer cards (Women, Infants and Children
Programs (WIC) and Supplemental Nutritional Assistance Program (SNAP))
data; credit bureau reports.
D. Transaction/Account Information, such as sales, contracts, and
agreements; charges or refunds associated with receipt or the
collection of debts for goods or services; coupons or promotions
redeemed; claim data for returns or damages of goods/services; records
supporting DoD debt collection activities such as copies of returned
checks, delinquent payment data, and related communications; video/
audio recordings; and registrations and registry logs.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from:
A. Individuals, contractors, and vendors.
B. Government sources (Federal, state, local, tribal and foreign).
C. In addition, information may be obtained from the Defense
Enrollment Eligibility Reporting System (DEERS), and other Federal
organizations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE 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, all or a portion of the
records or information 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 contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government when
necessary to accomplish an agency function related to this system of
records.
B. 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.
C. 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.
D. 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.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. 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.
G. 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.
H. 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.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection evaluation, or other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
[[Page 19106]]
K. To a loyalty card, rewards card, points card, advantage card or
club card or digital coupon program coupon contractor to verify
individual's enrollment in a loyalty, rewards, points, advantage, club
or digital coupon program, and to provide discounts, digital coupons or
other incentives to be applied to individual's purchases.
L. To on-line ordering fulfillment contractors to allow for the
confirmation of orders received, fulfilled, delivered, and closed.
M. To the U.S. Department of the Treasury for centralized
administrative or salary offset, including the offset of Federal income
tax refunds, for the purpose of collecting debts owed to the U.S.
government.
N. To U.S. Department of the Treasury-contracted private collection
agencies for the purpose of obtaining collection services, including
administrative wage garnishment, to recover debts owed to the U.S.
Government.
O. To a consumer reporting agency in accordance with 31 U.S.C.
3711(e), as authorized under 5 U.S.C. 552a(b)(12).
P. To credit card processors, banks, and other financial
institutions to process payments or refunds made by credit or debit
cards, by check, or other non-cash payment methods.
Q. To appropriate Federal, State, local, territorial, tribal,
foreign, or international agencies for the purpose of
counterintelligence activities authorized by U.S. law or Executive
Order, or for the purpose of executing or enforcing laws designed to
protect the national security or homeland security of the United
States, including those relating to the sharing of records or
information concerning terrorism, homeland security, or law
enforcement.
R. To the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
State agencies, and other appropriate entities to provide notification
of firearms sales in compliance with Federal, DoD, Service policies,
and State or local government law.
POLICIES AND PRACTICES FOR STORING OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by individual's name; DoD ID Number; SSN;
or other personal identifiers.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed in accordance with National
Archives and Records Administration Schedules. The Military Departments
retain records in accordance with their individual Records and
Information Management retention schedules. The retention period may be
obtained by contacting the system manager for the Military Department.
ADMINISTRATIVE, PHYSICAL, AND TECHNICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely employs
safeguards such as the following to information systems and paper
recordkeeping systems: Multifactor log-in authentication including CAC
authentication and password; physical token as required; physical and
technological access controls governing access to data; network
encryption to protect data transmitted over the network; disk
encryption securing disks storing data; key management services to
safeguard encryption keys; masking of sensitive data as practicable;
mandatory information assurance and privacy training for individuals
who will have access; identification, marking, and safeguarding of
personal information; physical access safeguards including multifactor
identification physical access controls, detection and electronic alert
systems for access to servers and other network infrastructure; and
electronic intrusion detection systems in DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD component with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system of records.
The public may identify the contact information for the appropriate DoD
office through the following website: www.FOIA.gov. Signed written
requests should contain the name and number of this system of records
notice along with the full name, current address, and email address of
the individual. 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 appropriate 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:
Individuals seeking to amend or correct the content of records
about them should follow the procedures in 32 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2023-06644 Filed 3-29-23; 8:45 am]
BILLING CODE 5001-06-P