Privacy Act of 1974; Science & Technology Directorate-001 Research, Development, Test, and Evaluation Records System of Records, 74743-74746 [E8-29059]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) will not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of specificity or lack
of compliance with applicable
regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained from Federal,
State and local law enforcement and
criminal justice agencies (e.g.,
investigators, prosecutors, correctional
institutions, police departments, and
inspectors general).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to exemption 5 U.S.C.
552a(j)(2) of the Privacy Act, portions of
this system are exempt from subsections
(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G),
(4)(H), (5) and (8); (f); and (g) of the
Privacy Act. In addition, the system has
been exempted from subsections (c)(3),
(d), and (e)(1), (4)(G), (4)(H), and (f)
pursuant to 5 U.S.C. 552a(k)(2). Rules
have been promulgated in accordance
with the requirements of 5 U.S.C.
553(b), (c) and (e) and have been
published in the Federal Register as
additions to Title 28, Code of Federal
Regulations (28 CFR 16.99). In addition,
to the extent a record contains
information from other exempt systems
of records, ICE will rely on the
exemptions claimed for those systems.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29057 Filed 12–8–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0160]
pwalker on PROD1PC71 with NOTICES
Privacy Act of 1974; Science &
Technology Directorate–001 Research,
Development, Test, and Evaluation
Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of
records.
SUMMARY: Pursuant to the Privacy Act of
1974, the Department of Homeland
VerDate Aug<31>2005
17:00 Dec 08, 2008
Jkt 217001
74743
Security proposes to add a new system
of records titled Research, Development,
Test, and Evaluation Records. This
system maintains records collected in
support of, or during the conduct of,
Science & Technology-funded research,
development, test, and evaluation
activities. This new system will be
added to the Department’s inventory of
record systems.
DATES: Written comments must be
submitted on or before January 8, 2009.
This new system will be effective
January 8, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0160 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
system related questions please contact
the Science & Technology Directorate’s
Regulatory Compliance Office at
regulatorycompliance@dhs.gov. For
privacy issues, please contact: Hugo
Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
will not be used for law enforcement,
intelligence, or any purpose other than
RDT&E. The information collected will
never be used in operations and no
operational decision will be based in
any part on the information collected.
These limitations on the use of the
information collected will apply even in
DHS/S&T-funded RDT&E activities in
which law enforcement and/or
intelligence personnel are directly
involved in the activity. A different
SORN, a SORN other than this SORN,
is required to address any DHS/S&Tfunded RDT&E activities from which
information collected would be used for
any purpose other than RDT&E
activities.
The only exception to the above
general rule limiting the use of collected
information to RTD&E activities is if,
during a human subject testing activity,
the individual provides information that
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations.
Only in that limited situation, the
information collected may be referred to
Federal, State, tribal, local,
international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, pursuant to Routine Use G,
below.
Pursuant to the Privacy Act of 1974,
the Department of Homeland Security
proposes to add a new system of records
titled Research, Development, Test, and
Evaluation Records. This system
maintains records collected in support
of, or during the conduct, of Science &
Technology-funded research,
development, test, and evaluation
activities. This new system will be
added to the Department’s inventory of
record systems.
I. Background
An integral part of the Department of
Homeland Security (DHS) Science &
Technology Directorate’s (S&T) mission
is to conduct research, development,
testing, and evaluation (RDT&E
activities) on topics and technologies
related to improving homeland security
and combating terrorism. Some RDT&E
activities involve the collection of
personally identifiable information.
This system of records notice covers
records collected in support of, or
during the conduct of, DHS/S&T-funded
RDT&E activities, where those records
are retrieved by personal identifier.
As a general rule, the information
collected will be used by DHS/S&T
solely for the purposes of RDT&E
activities. The information collected
II. The Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
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
particular assigned to an individual. In
the Privacy Act, an individual is defined
to encompass United States citizens and
legal permanent residents (LPRs). As a
matter of policy, DHS extends
administrative Privacy Act protections
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
E:\FR\FM\09DEN1.SGM
09DEN1
74744
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
to all individuals, including aliens who
are not LPRs, on whom a system of
records maintain information.
Individuals may request access to their
own records that are maintained in a
system of records in the possession or
under the control of DHS by complying
with DHS Privacy Act regulations, 6
CFR Part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
to make agency recordkeeping practices
transparent, to notify individuals
regarding the uses of their records, and
to assist the individual to more easily
find such files within the agency. Below
is a description of the Research,
Development, Test, and Evaluation
Records System of records.
In accordance with 5 U.S.C. 552a(r), a
report on this system has been sent to
Congress and to the Office of
Management and Budget.
SYSTEM OF RECORDS:
DHS/S&T–001
SYSTEM NAME:
Science & Technology Directorate
Research, Development, Test, and
Evaluation Records.
Records are maintained at the S&T
Headquarters in Washington, D.C., in
S&T field offices, and at public or
private institutions, including the
National Labs, conducting research
funded by S&T.
pwalker on PROD1PC71 with NOTICES
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this notice include voluntary
participants in S&T-funded human
subjects research (all S&T-funded
human subjects research is conducted in
accordance with 45 CFR 46 and is
reviewed by a certified Institutional
Review Board); individuals whose
names may appear in publicly available
documents (e.g., newspapers and
academic articles) about terrorism,
terrorist events, violent groups, or other
topics related to terrorism research;
individuals whose image, biometrics,
physiological features, or other
information may be intentionally (with
notice to and consent by the individual)
or incidentally captured during testing
of S&T technologies; and subject matter
experts who publish articles related to
terrorism or biomedical and life
sciences research; and subject matter
experts who voluntarily consent to be
included in a database of experts.
17:00 Dec 08, 2008
S&T RDT&E Records will vary
according to the specific project. The
information may include an
individual’s:
• Individual’s name;
• Age;
• Gender;
• Contact information;
• Birthplace;
• Ethnicity;
• Level of education;
• Occupation;
• Institutional or organizational
affiliation;
• Publication record, such as article
and publication titles, dates and
sources;
• Medical history;
• Lifestyle information (e.g., caffeine
or tobacco use);
• Publicly available reports of
criminal history;
• Video or still images;
• Other images (e.g., infrared
thermography, terahertz, millimeter
wave);
• Audio recordings;
• Fingerprints or other biometric
information; and
• Physiological measurements
collected using sensors (e.g., heart rate,
breathing pattern, and electrodermal
activity).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM LOCATION:
VerDate Aug<31>2005
CATEGORIES OF RECORDS IN THE SYSTEM:
Jkt 217001
5 U.S.C. 301; the Federal Records Act,
44 U.S.C. 3101; The Homeland Security
Act of 2002 [Pub. L. 1007–296, § 302(4)]
as codified in Section 182(b) Title 6
Chapter I Subchapter III of the United
States Code (6 U.S.C. 182(b)), authorizes
the Science and Technology Directorate
to conduct ‘‘basic and applied research,
development, demonstration, testing,
and evaluation activities that are
relevant to any or all elements of the
Department, through both intramural
and extramural programs.’’ In exercising
its responsibility under the Homeland
Security Act, S&T is authorized to
collect information, as appropriate, to
support research and development
related to improving the security of the
homeland. Where research includes
human subjects, S&T complies with the
provisions of DHS Management
Directive 026–04, ‘‘Protection of Human
Subjects’’, which adopts the regulations
set forth in 45 Code of Federal
Regulations 46 and establishes
Departmental policy for the protection
of human subjects in research.
PURPOSE(S):
The purposes of S&T’s RDT&E records
are to:
• Understand the motivations and
behaviors of terrorists, individuals that
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
engage in violent or criminal activities,
terrorist groups, and groups that engage
in violent or criminal activities.
• Understand terrorist incidents and
the phenomenon of terrorist and
identify trends and patterns in terrorist
activities.
• Collect and maintain searchable
records of individuals (such as subject
matter experts on chemical weapons)
and/or their characteristics and
professional accomplishments,
organized according to categories useful
for the conduct of research, including
research to determine the efficacy and
utility of new or enhanced technologies
intended for eventual transition to and
use by S&T’s customers.
• Evaluate the performance and
utility to the future customer of an
experimental homeland security
technology or product in a laboratory or
‘‘real-world’’ setting.
• Test the accuracy of a research
hypothesis. (For example, S&T might
hypothesize that an individual’s
behavior changes in a detectable manner
when he or she is being deceitful, and
then design a research experiment to
test that hypothesis.)
• Answer a research question. (For
example, ‘‘Can an experimental
screening technology distinguish
between threat objects and non-threat
objects?’’).
• Conduct testing and evaluation of
an experimental technology at the
request of or on behalf of a customer.
• Conduct research and development
to solve a technical problem for a
customer.
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, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3):
A. To the Department of Justice or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when it is necessary to the
litigation and one of the following is a
party to the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
E:\FR\FM\09DEN1.SGM
09DEN1
pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
Government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
VerDate Aug<31>2005
17:00 Dec 08, 2008
Jkt 217001
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
RDT&E records maintained in hard
copy are stored in a locked file cabinet
or safe. Electronic records are stored in
computer files that require a password
for access and are protected by a
firewall.
RETRIEVABILITY:
In most cases, S&T RDT&E is focused
on evaluating the performance of a
given experimental technology or
system. Thus, only the aggregated
performance data (e.g., the technology
has a 5 percent false positive rate, or the
technology is accurate 92 percent of the
time) is important and relevant to S&T.
For this reason, S&T RDT&E records are
not as a matter of course retrieved by
name or other identifier assigned to the
individual. However, S&T may need to
access RDT&E records by name or other
identifier in order to make corrections to
an individual’s record, resolve an
anomaly related to a specific
individual’s record, and/or link
disparate pieces of information related
to an individual. For example, if an
individual informed a researcher that he
or she had inadvertently provided
incorrect information regarding his or
her medical history, the researcher
would retrieve that individual’s record
using the research identifier in order to
correct the erroneous data.
SAFEGUARDS:
All RDT&E records are protected by
employing a multi-layer security
approach to prevent unauthorized
access to sensitive data through
appropriate administrative, physical,
and technical safeguards. Protective
strategies such as implementing
physical access controls at DHS
facilities; ensuring confidentiality of
communications using tools such as
encryption, authentication of sending
parties, and compartmentalizing
databases; and employing auditing
software and personnel screening to
ensure that all personnel with access to
data are screened through background
investigations commensurate with the
level of access required to perform their
duties.
S&T RDT&E records are also
monitored for changes to the source
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
74745
data. The system manager has the
capability to maintain system back-ups
for the purpose of supporting continuity
of operations and the discrete need to
isolate and copy specific data
transactions for the purpose of
conducting privacy or security incident
investigations. S&T RDT&E records are
secured in full compliance with the
requirements of DHS IT Security
Program Handbook. This handbook
establishes a comprehensive
information security program.
RETENTION AND DISPOSAL:
All records will be maintained in
accordance with the NARA-approved
retention schedule. All existing S&T
RDT&E records fall under General
Records System 20, which covers the
disposition of Electronic files or records
created solely to test system
performance, as well as hard-copy
printouts and related documentation for
the electronic files/records. According
to General Records System 20, records
should be ‘‘delete[d]/destroy[ed] when
the agency determines that they are no
longer needed for administrative, legal,
audit, or other operational purposes.’’
Electronic records will be deleted from
all computers, storage devices, and
networks, and paper records will be
shredded.
SYSTEM MANAGER(S) AND ADDRESS:
S&T Regulatory Compliance Office,
Mail Stop: 2100, Department of
Homeland Security, 245 Murray Lane,
SW., Washington, DC 20528.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to S&T FOIA
Coordinator, Mail Stop: 2100,
Department of Homeland Security, 245
Murray Lane, SW., Washington, DC
20528, Specific FOIA contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’
When seeking records about yourself
from this system of records or any other
S&T system of records your request
must conform with the Privacy Act
regulations set forth in 6 CFR Part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
E:\FR\FM\09DEN1.SGM
09DEN1
74746
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
S&T may not be able to conduct an
effective search, and your request may
be denied due to lack of specificity or
lack of compliance with applicable
regulations.
• Advisory Council
PORTIONS TO BE OPEN TO THE PUBLIC:
• Approval of the Minutes of the July
28, 2008, Meeting of the Board of
Directors
• President’s Report
• Program Presentation: Regional
Challenges
• Congressional Affairs
• Board Trip for 2009
• Advisory Council
CONTACT PERSON FOR MORE INFORMATION:
Jennifer Hodges Reynolds, General
Counsel, (703) 306–4301.
Dated: December 2, 2008.
Jennifer Hodges Reynolds,
General Counsel.
[FR Doc. E8–29199 Filed 12–5–08; 4:15 pm]
BILLING CODE 7025–01–P
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
S&T RDT&E records include: (1)
Records collected directly from the
individual; (2) publicly available
documents (e.g., articles from
newspapers and academic journals); (3)
records collected from the individual
using sensors (e.g., a heart rate monitor)
or technologies (e.g., cameras, audio
recorders, infrared thermography or
other images, or biometric devices).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29059 Filed 12–8–08; 8:45 am]
BILLING CODE 4410–10–P
INTER-AMERICAN FOUNDATION
BOARD MEETING
pwalker on PROD1PC71 with NOTICES
Sunshine Act Meetings
TIME AND DATE: December 15, 2008, 9
a.m.–2 p.m.
PLACE: 901 N. Stuart Street, Tenth Floor,
Arlington, Virginia 22203.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
• Approval of the Minutes of the July
28, 2008, Meeting of the Board of
Directors
• President’s Report
• Program Presentation: Regional
Challenges
• Congressional Affairs
• Board Trip for 2009
VerDate Aug<31>2005
19:51 Dec 08, 2008
Jkt 217001
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–R–2008–N0244; 40136–1265–
0000–S3]
Archie Carr National Wildlife Refuge,
Brevard and Indian River Counties, FL
AGENCY: Fish and Wildlife Service,
Department of the Interior.
ACTION: Notice of availability: final
comprehensive conservation plan and
finding of no significant impact.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of our final comprehensive
conservation plan (CCP) and finding of
no significant impact (FONSI) for
Archie Carr National Wildlife Refuge
(NWR). In the CCP, we describe how we
will manage Archie Carr NWR for the
next 15 years.
ADDRESSES: A copy of the CCP may be
obtained by writing to the refuge at: P.O.
Box 2683, Titusville, FL 32781–2683.
The CCP may also be accessed and
downloaded from the Service’s Internet
Site: https://southeast.fws.gov/planning.
FOR FURTHER INFORMATION CONTACT:
Cheri Ehrhardt; Telephone: 321/861–
2368.
SUPPLEMENTARY INFORMATION:
Introduction
With this notice, we finalize the CCP
process for Archie Carr NWR. We
started this process through a notice of
intent in the Federal Register on April
24, 2000 (65 FR 21784). For additional
information regarding the process, see
that notice. We released the draft
comprehensive conservation plan and
environmental assessment (Draft CCP/
EA) to the public, announcing and
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
requesting comments in a notice of
availability in the Federal Register on
June 26, 2008 (73 FR 36347).
Established in 1991, Archie Carr NWR
is located approximately 15 miles
northeast of Vero Beach, Florida, in
Brevard and Indian River Counties. The
258-acre refuge includes a diversity of
habitats consisting of beaches, dunes,
coastal strand, maritime hammock, and
mangroves. Refuge and partner beaches
support the highest nesting
concentrations of federally protected
loggerhead and green sea turtles in the
United States. Furthermore, several
other state- and federal-listed species
are found in the coastal and other
barrier island habitats supported by the
refuge. The refuge protects several
historical and archaeological sites and,
through working with the partners,
provides a range of visitor services.
We announce our decision and the
availability of the CCP and FONSI for
Archie Carr NWR in accordance with
National Environmental Policy Act
(NEPA) [40 CFR 1506.6(b)]
requirements. We completed a thorough
analysis of impacts on the human
environment, which we included in the
Draft CCP/EA.
The CCP will guide us in managing
and administering Archie Carr NWR for
the next 15 years. Alternative B, as we
described in the CCP, is the foundation
for the CCP.
Background
The National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee) (Improvement Act),
which amended the National Wildlife
Refuge System Administration Act of
1966, requires us to develop a CCP for
each national wildlife refuge. The
purpose for developing a CCP is to
provide refuge managers with a 15-year
plan for achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and our policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation, wildlife
photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Improvement Act.
Comments
We solicited comments on the Draft
CCP/EA for Archie Carr NWR from June
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74743-74746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29059]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0160]
Privacy Act of 1974; Science & Technology Directorate-001
Research, Development, Test, and Evaluation Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security proposes to add a new system of records titled
Research, Development, Test, and Evaluation Records. This system
maintains records collected in support of, or during the conduct of,
Science & Technology-funded research, development, test, and evaluation
activities. This new system will be added to the Department's inventory
of record systems.
DATES: Written comments must be submitted on or before January 8, 2009.
This new system will be effective January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0160 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at https://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For system related questions please
contact the Science & Technology Directorate's Regulatory Compliance
Office at regulatorycompliance@dhs.gov. For privacy issues, please
contact: Hugo Teufel III, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
An integral part of the Department of Homeland Security (DHS)
Science & Technology Directorate's (S&T) mission is to conduct
research, development, testing, and evaluation (RDT&E activities) on
topics and technologies related to improving homeland security and
combating terrorism. Some RDT&E activities involve the collection of
personally identifiable information. This system of records notice
covers records collected in support of, or during the conduct of, DHS/
S&T-funded RDT&E activities, where those records are retrieved by
personal identifier.
As a general rule, the information collected will be used by DHS/
S&T solely for the purposes of RDT&E activities. The information
collected will not be used for law enforcement, intelligence, or any
purpose other than RDT&E. The information collected will never be used
in operations and no operational decision will be based in any part on
the information collected. These limitations on the use of the
information collected will apply even in DHS/S&T-funded RDT&E
activities in which law enforcement and/or intelligence personnel are
directly involved in the activity. A different SORN, a SORN other than
this SORN, is required to address any DHS/S&T-funded RDT&E activities
from which information collected would be used for any purpose other
than RDT&E activities.
The only exception to the above general rule limiting the use of
collected information to RTD&E activities is if, during a human subject
testing activity, the individual provides information that indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations. Only in that limited situation, the
information collected may be referred to Federal, State, tribal, local,
international, or foreign law enforcement agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, pursuant
to Routine Use G, below.
Pursuant to the Privacy Act of 1974, the Department of Homeland
Security proposes to add a new system of records titled Research,
Development, Test, and Evaluation Records. This system maintains
records collected in support of, or during the conduct, of Science &
Technology-funded research, development, test, and evaluation
activities. This new system will be added to the Department's inventory
of record systems.
II. The Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any 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
particular assigned to an individual. In the Privacy Act, an individual
is defined to encompass United States citizens and legal permanent
residents (LPRs). As a matter of policy, DHS extends administrative
Privacy Act protections
[[Page 74744]]
to all individuals, including aliens who are not LPRs, on whom a system
of records maintain information. Individuals may request access to
their own records that are maintained in a system of records in the
possession or under the control of DHS by complying with DHS Privacy
Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals regarding the uses of their records,
and to assist the individual to more easily find such files within the
agency. Below is a description of the Research, Development, Test, and
Evaluation Records System of records.
In accordance with 5 U.S.C. 552a(r), a report on this system has
been sent to Congress and to the Office of Management and Budget.
System of Records:
DHS/S&T-001
System name:
Science & Technology Directorate Research, Development, Test, and
Evaluation Records.
System location:
Records are maintained at the S&T Headquarters in Washington, D.C.,
in S&T field offices, and at public or private institutions, including
the National Labs, conducting research funded by S&T.
Categories of individuals covered by the system:
Categories of individuals covered by this notice include voluntary
participants in S&T-funded human subjects research (all S&T-funded
human subjects research is conducted in accordance with 45 CFR 46 and
is reviewed by a certified Institutional Review Board); individuals
whose names may appear in publicly available documents (e.g.,
newspapers and academic articles) about terrorism, terrorist events,
violent groups, or other topics related to terrorism research;
individuals whose image, biometrics, physiological features, or other
information may be intentionally (with notice to and consent by the
individual) or incidentally captured during testing of S&T
technologies; and subject matter experts who publish articles related
to terrorism or biomedical and life sciences research; and subject
matter experts who voluntarily consent to be included in a database of
experts.
Categories of records in the system:
S&T RDT&E Records will vary according to the specific project. The
information may include an individual's:
Individual's name;
Age;
Gender;
Contact information;
Birthplace;
Ethnicity;
Level of education;
Occupation;
Institutional or organizational affiliation;
Publication record, such as article and publication
titles, dates and sources;
Medical history;
Lifestyle information (e.g., caffeine or tobacco use);
Publicly available reports of criminal history;
Video or still images;
Other images (e.g., infrared thermography, terahertz,
millimeter wave);
Audio recordings;
Fingerprints or other biometric information; and
Physiological measurements collected using sensors (e.g.,
heart rate, breathing pattern, and electrodermal activity).
Authority for maintenance of the system:
5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; The Homeland
Security Act of 2002 [Pub. L. 1007-296, Sec. 302(4)] as codified in
Section 182(b) Title 6 Chapter I Subchapter III of the United States
Code (6 U.S.C. 182(b)), authorizes the Science and Technology
Directorate to conduct ``basic and applied research, development,
demonstration, testing, and evaluation activities that are relevant to
any or all elements of the Department, through both intramural and
extramural programs.'' In exercising its responsibility under the
Homeland Security Act, S&T is authorized to collect information, as
appropriate, to support research and development related to improving
the security of the homeland. Where research includes human subjects,
S&T complies with the provisions of DHS Management Directive 026-04,
``Protection of Human Subjects'', which adopts the regulations set
forth in 45 Code of Federal Regulations 46 and establishes Departmental
policy for the protection of human subjects in research.
Purpose(s):
The purposes of S&T's RDT&E records are to:
Understand the motivations and behaviors of terrorists,
individuals that engage in violent or criminal activities, terrorist
groups, and groups that engage in violent or criminal activities.
Understand terrorist incidents and the phenomenon of
terrorist and identify trends and patterns in terrorist activities.
Collect and maintain searchable records of individuals
(such as subject matter experts on chemical weapons) and/or their
characteristics and professional accomplishments, organized according
to categories useful for the conduct of research, including research to
determine the efficacy and utility of new or enhanced technologies
intended for eventual transition to and use by S&T's customers.
Evaluate the performance and utility to the future
customer of an experimental homeland security technology or product in
a laboratory or ``real-world'' setting.
Test the accuracy of a research hypothesis. (For example,
S&T might hypothesize that an individual's behavior changes in a
detectable manner when he or she is being deceitful, and then design a
research experiment to test that hypothesis.)
Answer a research question. (For example, ``Can an
experimental screening technology distinguish between threat objects
and non-threat objects?'').
Conduct testing and evaluation of an experimental
technology at the request of or on behalf of a customer.
Conduct research and development to solve a technical
problem for a customer.
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, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3):
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS
[[Page 74745]]
determines that the records are both relevant and necessary to the
litigation and the use of such records is compatible with the purpose
for which DHS collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal Government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
RDT&E records maintained in hard copy are stored in a locked file
cabinet or safe. Electronic records are stored in computer files that
require a password for access and are protected by a firewall.
Retrievability:
In most cases, S&T RDT&E is focused on evaluating the performance
of a given experimental technology or system. Thus, only the aggregated
performance data (e.g., the technology has a 5 percent false positive
rate, or the technology is accurate 92 percent of the time) is
important and relevant to S&T. For this reason, S&T RDT&E records are
not as a matter of course retrieved by name or other identifier
assigned to the individual. However, S&T may need to access RDT&E
records by name or other identifier in order to make corrections to an
individual's record, resolve an anomaly related to a specific
individual's record, and/or link disparate pieces of information
related to an individual. For example, if an individual informed a
researcher that he or she had inadvertently provided incorrect
information regarding his or her medical history, the researcher would
retrieve that individual's record using the research identifier in
order to correct the erroneous data.
Safeguards:
All RDT&E records are protected by employing a multi-layer security
approach to prevent unauthorized access to sensitive data through
appropriate administrative, physical, and technical safeguards.
Protective strategies such as implementing physical access controls at
DHS facilities; ensuring confidentiality of communications using tools
such as encryption, authentication of sending parties, and
compartmentalizing databases; and employing auditing software and
personnel screening to ensure that all personnel with access to data
are screened through background investigations commensurate with the
level of access required to perform their duties.
S&T RDT&E records are also monitored for changes to the source
data. The system manager has the capability to maintain system back-ups
for the purpose of supporting continuity of operations and the discrete
need to isolate and copy specific data transactions for the purpose of
conducting privacy or security incident investigations. S&T RDT&E
records are secured in full compliance with the requirements of DHS IT
Security Program Handbook. This handbook establishes a comprehensive
information security program.
Retention and disposal:
All records will be maintained in accordance with the NARA-approved
retention schedule. All existing S&T RDT&E records fall under General
Records System 20, which covers the disposition of Electronic files or
records created solely to test system performance, as well as hard-copy
printouts and related documentation for the electronic files/records.
According to General Records System 20, records should be ``delete[d]/
destroy[ed] when the agency determines that they are no longer needed
for administrative, legal, audit, or other operational purposes.''
Electronic records will be deleted from all computers, storage devices,
and networks, and paper records will be shredded.
System manager(s) and address:
S&T Regulatory Compliance Office, Mail Stop: 2100, Department of
Homeland Security, 245 Murray Lane, SW., Washington, DC 20528.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to S&T FOIA Coordinator, Mail Stop:
2100, Department of Homeland Security, 245 Murray Lane, SW.,
Washington, DC 20528, Specific FOIA contact information can be found at
https://www.dhs.gov/foia under ``contacts.''
When seeking records about yourself from this system of records or
any other S&T system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from
[[Page 74746]]
the Director, Disclosure and FOIA, https://www.dhs.gov or 1-866-431-
0486. In addition you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the S&T may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
S&T RDT&E records include: (1) Records collected directly from the
individual; (2) publicly available documents (e.g., articles from
newspapers and academic journals); (3) records collected from the
individual using sensors (e.g., a heart rate monitor) or technologies
(e.g., cameras, audio recorders, infrared thermography or other images,
or biometric devices).
Exemptions claimed for the system:
None.
Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29059 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
