Privacy Act of 1974; System of Records, 76740-76743 [2023-24612]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76740-76743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24612]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2023-OS-0107; Req No. OS-2024-00035-FR]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense (OSD), Department of Defense 
(DoD).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Office of the 
Secretary of Defense is modifying a system of records titled, ``Joint 
Advertising, Market Research & Studies (JAMRS) Survey Database,'' DHRA 
05. The records within this system are used to compile names of 
individuals aged 16 through maximum recruiting age to create a mailing 
frame from which to conduct surveys. These surveys are conducted 
multiple times per year and designed so that appropriate levels of 
precision are achieved for inferences to be made at various geographic 
levels. The system also maintains the ability to remove the names of 
individuals who are current/former members of, or are enlisting in, the 
Armed Forces, and individuals who have asked to be removed from 
consideration as a participant in any future survey. The DHRA 05 system 
of records notice (SORN) is being updated to add two new DoD Standard 
routine uses (Routine Uses I and J) which authorize disclosures to 
allow for coordination with the Office of Inspector General and other 
disclosures mandated by Federal statute or treaty. The DoD is also 
modifying various other sections within the SORN to improve clarity or 
update information that has changed.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before December 7, 
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

[[Page 76741]]

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: Samuel M. Peterson, DHRA Component 
Privacy Officer, 400 Gigling Rd., Rm. DODC-MB 7028, Seaside, CA 93955, 
[email protected] or 831-220-7330.

SUPPLEMENTARY INFORMATION: 

I. Background

    This system of records covers information maintained in the Joint 
Advertising, Market Research & Studies (JAMRS) Survey Database, which 
DoD uses for surveying efforts in support of military recruiting. JAMRS 
maintains and regularly updates a list of recruitment-aged individuals 
which is used by DoD to draw samples for surveys within the database. 
The objective of such surveys is to understand the perceptions, 
beliefs, and attitudes of recruitment-aged Americans as they relate to 
joining the Military through surveys. Subject to public comment, the 
OSD is updating this SORN to add two new DoD Standard routine uses 
(Routine Uses I and J) which authorize disclosures to allow for 
coordination with an Office of Inspector General and other disclosures 
mandated by Federal statute or treaty. In addition to updating the 
routine use section, the other modifications are to the following 
sections: (1) System Location to update the address, (2) Authority for 
Maintenance of the System to update citation(s); (3) Purpose of the 
System to improve clarity; (4) Categories of Records to provide 
clarity; (5) Records Source Categories to add additional sources; (6) 
Policies and Practices for Storage of Records to account for the use of 
Government-validated Cloud Computing environments; (7) Policies and 
Practices For Retrieval of Records for clarity; (8) Administrative, 
Technical, and Physical Safeguards to update the description of 
safeguards protecting these records; (9) to the Record Access, 
Notification, and Contesting Record Procedures, to reflect the updated 
guidance for accessing records and to update the appropriate citation 
for contesting records. Furthermore, this notice includes non-
substantive changes to simplify the formatting and text of the 
previously published notice.
    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/privacy.

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, the Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency has 
provided a report of this system of records to the OMB and to Congress.

    Dated: November 2, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Joint Advertising, Market Research & Studies Survey Database 
(JAMRS), DHRA 05.

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):
    Program Manager, Defense Personnel Analytics Center, Office of 
People Analytics, Joint Advertising, Market Research & Studies (JAMRS), 
Suite 06J25, 4800 Mark Center Drive, Alexandria, VA 22350-4000; email: 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 503(a), Enlistments: Recruiting campaigns; 10 U.S.C. 136, 
Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 4001, 
Research and development projects; 10 U.S.C. 7013, Secretary of the 
Army; 10 U.S.C. 8013, Secretary of the Navy; 10 U.S.C. 9013, Secretary 
of the Air Force; and 14 U.S.C. 350, Coast Guard.

PURPOSE(S) OF THE SYSTEM:
    To compile names, demographic information, and contact information 
of individuals aged 16 through maximum recruiting age to create a 
mailing frame from which to conduct surveys. Survey respondents are 
randomly selected from the mailing frame data for the administration of 
mail-based surveys within the survey sampling administrative database. 
These surveys cover numerous topics related to interest and knowledge 
of military service and are conducted multiple times per year. Each 
survey is designed so that appropriate levels of precision are achieved 
for inferences to be made at various geographic levels. The system also 
provides JAMRS with the ability to remove the names of individuals who 
are current/former members of, or are enlisting in, the Armed Forces, 
and individuals who have asked to be removed from consideration as a 
participant in any future JAMRS surveys.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Individuals aged 16 through maximum recruiting age; Selective 
Service System registrants; individuals who have taken the Armed 
Services Vocational Aptitude Battery (ASVAB) test; current military 
personnel who are on Active Duty or in the Reserves; prior service 
individuals who still have remaining Military Service Obligation 
(commonly known as the Individual Ready Reserve or IRR); individuals 
who are in the process of enlisting or enrolled in ROTC (commonly known 
as the Military Entrance Program Command (MEPCOM) applicant file).
    B. Individuals who have asked to be removed from consideration as a 
participant in any future JAMRS survey. Opt-Out Information: 
Individuals who are 15\1/2\ years old or older, or parents or legal 
guardians acting on behalf of individuals who are between the ages of 
15\1/2\ and 18 years old, seeking to have their name or the name of 
their child or ward, as well as other identifying data, removed from 
this system of records (or removed in the future when such information 
is obtained), should address written Opt-Out requests to Joint 
Advertising, Marketing Research & Studies (JAMRS), ATTN: Survey Project 
Officer, Suite 06J25, 4800 Mark Center Drive, Alexandria, VA 22350-
4000. Such requests must contain the full name, date of birth, and 
current address of the individual. Opt-Out requests will

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be honored until the individual is no longer eligible for recruitment. 
However, because Opt-Out screening is based, in part, on the current 
address of the individual, any change in address will require the 
submission of a new opt-out request with the new address.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, gender, mailing address, date of birth, ethnicity, Armed 
Services Vocational Aptitude Battery (ASVAB) test results, and 
information source code.

    Note 1: For individuals who have submitted an opt-out request to 
JAMRS, the system maintains the individuals' information in 
suppression files. The suppression files ensure those individuals 
are not contacted.


    Note 2: Individuals' survey responses are not maintained in this 
system of records. DoD de-identifies JAMRS survey responses and does 
not maintain an association between the results and the individual's 
record in this system of records.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from: Individuals (or their parents/guardians), including 
those who have submitted an opt-out request; State Department of Motor 
Vehicle offices; commercial information brokers/vendors (to obtain 
high-school and college directory information); the Selective Service 
System; the Defense Manpower Data Center; the United States Military 
Entrance Processing Command (for individuals who have taken the ASVAB 
test); and the Direct Marketing Association (for the National Do-Not 
Mail List).

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, inspection, evaluation, or some 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 Department of Homeland Security to support the 
development of advertising and market research targeted at prospective 
United States Coast Guard recruits.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically in secure facilities 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 are retrieved by name, address, and date of birth.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    System records are destroyed/deleted 1 year after the JAMRS survey 
contact list has been created. Contact information of individuals who 
wish to be removed (Opt-Out suppression files) is retained for ten (10) 
years from the date the information is added.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to information in the database is highly restricted and 
limited to those that require the records in the performance of their 
official duties. Personnel with access to the database have completed 
background security checks and have been provided Common Access Cards. 
The database complies with DoD cloud computing policy and procedural 
guidance as published. The database utilizes a layered approach of 
overlapping controls, monitoring, and authentication to ensure overall 
security of the data, network, and system resources. The use of 
information security continuous monitoring support the maintenance of 
ongoing awareness of information security, vulnerabilities, and threats 
to support organizational risk management decisions. Sophisticated 
physical security, perimeter security (firewall, intrusion prevention), 
access control, authentication, encryption, data transfer, and 
monitoring solutions prevent unauthorized access from internal and 
external sources. The following administrative controls are also 
applied to restrict access to those who require the data in the 
performance

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of their official duties: periodic security audits; regular monitoring 
of users' security practices; methods to ensure only authorized 
personnel have access to personally identifiable information; 
encryption of backups containing sensitive data; and backup's secured 
offsite.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their records should follow the 
procedures in 32 CFR part 310. Parents and guardians of minor children 
must follow the procedures in 32 CFR 310.3(d) to obtain access to 
records of the child. These procedures require the parent or legal 
guardian to establish: (1) The identity of the individual who is the 
subject of the record; (2) the parent/guardian's own identity; (3) that 
the requester is the parent or guardian of that individual, which may 
be proven by providing a copy of the individual's birth certificate 
showing parentage or a court order establishing the guardianship; and 
(4) that the parent or guardian is acting on behalf of the individual 
in making the request. Individuals should address written inquiries to 
the Office of the Secretary of Defense/Joint Staff, Freedom of 
Information Act Requester Service Center, Office of Freedom of 
Information, 1155 Defense Pentagon, Washington, DC 20301-1155. Signed, 
written requests should contain the name and number of this system of 
records notice along with the name, date of birth, 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:
    The DoD rules for accessing records, contesting contents, and 
appealing initial Component determinations are contained in 32 CFR part 
310, or may be obtained from the system manager.

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:
    October 25, 2018, 83 FR 53856. December 22, 2011, 76 FR 795661.

[FR Doc. 2023-24612 Filed 11-6-23; 8:45 am]
BILLING CODE 6001-FR-P