[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: http://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
http://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