Privacy Act of 1974; System of Records, 19103-19106 [2023-06644]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[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