Notice2022-00118
Privacy Act of 1974; System of Records
Primary source
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Published
January 7, 2022
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, "Defense Mass Transportation Benefits Records (DMTBR)," DoD-0009. This system of records covers DoD's maintenance of records supporting subsidy programs provided to military and civilian personnel (to include non- appropriated fund (NAF) employees) associated with commuter costs.
Full Text
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<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 943-945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00118]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2022-OS-0002]
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, ``Defense
Mass Transportation Benefits Records (DMTBR),'' DoD-0009. This system
of records covers DoD's maintenance of records supporting subsidy
programs provided to military and civilian personnel (to include non-
appropriated fund (NAF) employees) associated with commuter costs.
DATES: This system of records notice is effective upon publication;
however, comments on the Routine Uses will be accepted on or before
February 7, 2022. 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: DoD cannot receive written comments at this time due to the
COVID-19 pandemic. Comments should be sent electronically to the docket
listed above.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 FOIA,
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,
<a href="/cdn-cgi/l/email-protection#347b67701a7064777860707459555d581a595d58"><span class="__cf_email__" data-cfemail="327d61761c7662717e6676725f535b5e1c5f5b5e">[email protected]</span></a>, (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the Defense Mass Transportation Benefits
Records (DMTBR), DoD-0009, 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 maintain the same kind of information about individuals
for the same purpose. Establishment of DoD-wide SORNs helps 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.
The DoD Mass Transportation Benefit Program encourages employees to
use mass transit for commuting to and from work by offering a commuter
subsidy as an incentive. The purpose of the program is to reduce
traffic congestion and pollution and to improve employee quality of
life by providing them commuting flexibility through multiple
transportation alternatives. DoD provides mass transportation benefits
to offset commuting costs to active duty Service members and civilian
personnel (to include NAF employees), as authorized by law and
regulation. The program covers a wide variety of alternative
transportation modes such as vanpools, commuter trains, and local
busses.
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 FOIA Directorate website at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
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 OMB and to Congress.
Dated: January 4, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Mass Transportation Benefits Records (DMTBR), DoD-0009.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 944]]
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 manager for records for those who work or are stationed
in the Washington, DC, metropolitan area is the Director, Pentagon
Services Division under the Washington Headquarters Services (WHS)
Executive Services Directorate at 1155 Defense Pentagon, Washington, DC
20301-1155, <a href="/cdn-cgi/l/email-protection#55223d263836783439302d7b3026317b38372d7b3a2631783f2678333a3c347827302420302621302778263027233c36307836303b2130271538343c397b383c39"><span class="__cf_email__" data-cfemail="4b3c23382628662a272e33652e382f652629336524382f662138662d24222a66392e3a3e2e383f2e3966382e393d22282e66282e253f2e390b262a222765262227">[email protected]</span></a>. Records concerning those who work or are stationed in
other areas of the United States or abroad are maintained by system
managers within the Military Departments, Combatant Commands, Defense
Agencies, or other Field Activities. To identify the system managers at
these components, please visit <a href="http://www.FOIA.gov">www.FOIA.gov</a> to contact the relevant
component's Freedom of Information Act (FOIA) Office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 113, Secretary of Defense; 5 U.S.C. 7905, Programs to
encourage commuting by means other than single-occupancy motor
vehicles; Executive Order (E.O.) 12191, Federal Facility Ridesharing
Program; E.O. 13150, Federal Workforce Transportation; DoD Instruction
1000.27, Mass Transportation Benefit Program (MTBP); and E.O. 9397
(SSN).
PURPOSE(S) OF THE SYSTEM:
A. To manage and administer the DoD Mass Transportation Benefit
Program for military and civilian personnel (to include non-
appropriated fund (NAF) employees) applying for and in receipt of a
commuter subsidy.
B. To evaluate employee participation in the program.
C. To provide audit capabilities and track the use of funds to
support the program; ensure appropriate accountability; and prevent
misuse of the funds involved.
D. To report required information for program management and
oversight to leadership and key stakeholders.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Military and civilian personnel (to include NAF employees) applying
for and/or receiving a commuter subsidy for using mass transit.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Personal and Employment information to include: Name, Social
Security Number (SSN), DoD ID Number, home and work address, email
address, official duty telephone number, and organizational affiliation
of the individual.
B. Transit information to include: Subsidy amount, name of
transportation system or company used, benefit provider, point-to-point
commuting expenses, commuting distance, locations of travel from
initial starting point to destination, number of days an employee
commutes per month, type of mass transit used, periodic certifications
and reports regarding commuter subsidies, transit authority card
numbers, and vanpool owner/operator certifications.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from:
A. Individuals, supervisors, reviewing and approving officials,
vanpool owners/operators.
B. Federal, foreign government, State, local and private
corporation or business commuter transportation organizations.
C. All DoD databases flowing into or accessed through the following
integrated data systems, environments, applications, and tools: WHS
Mass Transit Benefits Program, Department of the Navy's Transportation
Incentive Program System (TIPS), and the Department of Transportation's
TRANServe.
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, 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 confirms a breach of the system of records; (2) the DoD
determines 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,
[[Page 945]]
inspection, evaluation, or other review as authorized by the Inspector
General Act.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To the U.S. Department of Transportation for purposes of
verifying DoD military or civilian employees' participation in the
program, and auditing and verifying disbursements.
L. To the operators of transit systems or vanpools for purposes of
activating, distributing, and verifying benefits.
POLICIES AND PRACTICES FOR STORAGE 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, SSN, DoD ID number,
and/or work email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
DoD components shall retain these records in accordance with
National Archives and Records Administration approved General Records
Schedule (GRS) 2.4, Employee Compensation and Benefits Records
(December 2019). These records fall within GRS 2.4, item 131, which
provides that transportation subsidy program individual case files may
be destroyed two years after employee participation concludes, but
longer retention is authorized if the DoD components have an approved
existing agency schedule and have notified the National Archives and
Records Administration per 36 CFR 1227a(3).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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 PII;
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: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. 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. 2022-00118 Filed 1-6-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on January 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.