[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 943-945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov. 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 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 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 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 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 www.FOIA.gov 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: 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. 2022-00118 Filed 1-6-22; 8:45 am]
BILLING CODE 5001-06-P


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