Privacy Act of 1974; System of Records, 25877-25881 [2021-09937]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Notices]
[Pages 25877-25881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09937]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2020-0051]


Privacy Act of 1974; System of Records

AGENCY: Science and Technology Directorate, U.S. Department of Homeland 
Security.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to establish a new DHS 
system of records titled, ``DHS/Science & Technology Directorate (S&T)-
003 National Bioforensic Analysis Center Laboratory Elimination 
Database System of Records.'' This system of records describes DHS/
S&T's collection, use, and maintenance of records on

[[Page 25878]]

individuals who come into contact with or are in proximity to the 
National Bioforensic Analysis Center (NBFAC), a center within one of 
DHS's National Laboratories, or NBFAC biological samples or material. 
This newly established system will be included in DHS's inventory of 
record systems.

DATES: Submit comments on or before June 10, 2021. This new system will 
be effective upon publication. Routine uses will be effective June 10, 
2021.

ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0051 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2020-0051. All comments received will be posted 
without change to 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 general questions, please contact: 
Maria Petrakis, (202) 254-7748, ST[email protected], S&T Privacy 
Officer, the Science and Technology Directorate, Mail Stop: 0205, U.S. 
Department of Homeland Security, 245 Murray Lane SW, Washington, DC 
20528. For privacy questions, please contact: Lynn Parker Dupree, (202) 
343-1717, [email protected], Chief Privacy Officer, Privacy Office, 
U.S. Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S. 
Department of Homeland Security (DHS) Science & Technology Directorate 
(S&T) proposes to establish a new DHS system of records titled, ``DHS/
S&T-003 National Bioforensic Analysis Center Laboratory Elimination 
Database System of Records.'' The National Bioforensic Analysis Center 
(NBFAC) is a laboratory within one of DHS's National Laboratories, the 
National Biodefense Analysis and Countermeasures Center (NBACC). DHS/
S&T and the Department of Justice (DOJ) Federal Bureau of Investigation 
Laboratory Division (FBI-LD) collaborate on NBACC operations and 
management, including NBFAC. DHS designated NBFAC to be the lead 
federal facility to conduct and facilitate the technical forensic 
analysis and interpretation of materials recovered following a 
biological attack. NBFAC performs research, development, testing, and 
evaluation (RDT&E) activities to develop bioforensic capabilities and 
casework analysis in support of FBI law enforcement investigations 
requiring bioforensic analytic capabilities.
    DHS/S&T uses the NBFAC Laboratory Elimination Database for 
contamination detection and prevention. The NBFAC Laboratory 
Elimination Database provides the capability to ensure that human 
deoxyribonucleic acid (DNA) sequences identified and reported in 
NBFAC's operational casework or RDT&E activities are not the result of 
accidental contamination by a person who has been in contact with or in 
proximity to NBFAC or its evidence, or RDT&E samples or biological 
material derived from the samples.
    DHS/S&T establishes the database to collect, organize, store, 
maintain, and query information about laboratory-based or specimen-
processing individuals to determine whether a contamination event may 
have occurred and which individual or individuals may be the source of 
an unintended contaminant present within a controlled environment, 
experiment, or scientific process. DHS/S&T also will use the database 
for contamination prevention purposes to identify, correct, and prevent 
the recurrence of the nonconformity that led to the contamination 
event. NBFAC compares individuals' information from the database to 
identify the possible source of a contaminant that may affect NBFAC's 
analytic results. NBFAC collects information from individuals, on a 
voluntary basis, who NBFAC has determined may be in a position to 
inadvertently contaminate samples or the biological materials derived 
from samples.
    The database segregates data by core function and tracing function. 
Core function data consists of unique NBFAC-assigned identifiers and 
associated DNA. Tracing function data includes biographic information 
on the individual (e.g., name, institution, position, contact 
information, biological sex, or physical sample location), enabling 
NBFAC to link core data to an individual, as needed, pursuant to NBFAC 
standard operating procedures.
    DHS S&T creates this system of records in accordance with the 
authorities granted by 6 U.S.C. 182 for conducting basic and applied 
research, development, demonstration, testing, and evaluation 
activities that are relevant to any or all elements of DHS, through 
intramural and extramural programs. In addition, National Security 
Presidential Memorandum 14, Support for National Biodefense, and the 
National Biodefense Strategy serve as the primary authorities for the 
bioforensic work NBFAC performs in its laboratories. NBFAC uses the 
elimination database to ensure the accuracy of analytic results and 
improve laboratory procedures, as warranted, by evaluating and 
remediating any nonconformities that may have resulted in 
contamination.
    NBFAC has taken steps to minimize the potential risks posed by the 
loss and/or unauthorized access, use, modification, destruction, or 
disclosure of individuals' information by adopting administrative, 
technical, and physical controls. NBFAC also takes steps to ensure the 
quality of the data NBFAC collects by collecting the information 
directly from the individual. The data S&T collects is the minimum 
relevant data needed for the contamination detection and prevention 
purposes of this system of records.
    NBFAC limits access to the information by segregating the data into 
a core function and a tracing function. The core function is the data 
maintained and used to monitor and control for contamination purposes. 
NBFAC cannot identify an individual based on the core function data 
only. NBFAC would need the tracing function biographic information to 
be able to identify an individual, when necessary. NBFAC stores the 
tracing function data separately. For example, if a match is made 
between a DNA record from the core function data and a suspected 
contaminant, if needed, NBFAC may retrieve additional information on 
the individual (e.g., name, institution, position, contact information, 
biological sex, or physical sample location) from a separate tracing 
function area in the database, in accordance with NBFAC the database 
standard operating procedure.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/S&T-003 National Bioforensic Analysis Center 
Laboratory Elimination Database System of Records may be shared with 
other DHS Components that have a need to know the information to carry 
out their national security, law enforcement, immigration, 
intelligence, or other homeland security functions. In addition, DHS/
S&T may share information with appropriate federal, state, local, 
tribal, territorial, foreign, or international government agencies

[[Page 25879]]

consistent with the routine uses set forth in this system of records 
notice. This newly established system will be included in DHS's 
inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate 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 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/S&T-003 National Bioforensic 
Analysis Center Laboratory Elimination Database System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

SYSTEM NAME AND NUMBER:
    U.S. Department of Homeland Security (DHS)/Science & Technology 
Directorate (S&T)-003 National Bioforensic Analysis Center Laboratory 
Elimination Database System of Records.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Records are maintained at NBFAC within NBACC at Ft. Detrick, MD.

SYSTEM MANAGER(S):
    Director, Office of National Laboratories, Science & Technology 
Directorate, U.S. Department of Homeland Security, Room #10-027, S&T 
Division, Mail Stop: 0205, 245 Murray Lane SW, Washington, DC 20528-
0205, (202)-254-8227.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Homeland Security Act of 2002, Public Law 107-296, Sec. 302 
(codified at 6 U.S.C. 182); National Security Presidential Memorandum 
14, Support for National Biodefense, and the National Biodefense 
Strategy; the Intelligence Reform and Terrorism Prevention Act of 2004, 
Public Law 108-458, 118 Stat. 3638, sec. 8306 (Dec. 2004), 6 U.S.C. 112 
note, 6 CFR part 46, and 42 U.S.C. 300v-1, and 45 CFR part 46, subpart 
A, to the extent an activity meets the definition of research on human 
subjects.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to determine whether a contamination 
event may have occurred related to NBFAC's operational casework or 
RDT&E activities; and if so, which individual or individuals may be the 
source of an unintended contaminant present within a controlled 
environment, experiment, or scientific process, and to prevent the 
recurrence of the nonconformity that led to contamination event.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    NBFAC personnel and non-NBFAC personnel that have access to the 
laboratory, including maintenance, instrument service personnel and 
visitors, and non-NBFAC personnel that may have had contact with items 
prior to the commencement of the controlled activities.
    The NBFAC individuals include: (1) NBFAC evidence handlers, chain 
of custody staff, technicians, principal investigators, engineers, 
safety staff, security staff, maintenance staff, and internal auditors 
that handle evidence items, or biological material derived from 
evidence items, or access DNA-sensitive NBFAC laboratories; and (2) FBI 
staff that handle evidence items, or biological material derived from 
evidence items, or access DNA-sensitive NBFAC laboratories.
    Individuals external to NBFAC include non-NBFAC personnel who are 
evidence collectors and handlers and casework technicians who handle 
evidence or derived biological materials prior to their arrival at 
NBFAC, engineers and technicians that access DNA-sensitive NBFAC 
laboratories to install or maintain equipment, auditors/inspectors that 
access DNA-sensitive NBFAC laboratories, and visitors granted access to 
DNA-sensitive NBFAC laboratories.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Individual's full name;
     Unique NBFAC identifier for the individual;
     An external partner's personal identifier for information 
about an individual, other than a name, (e.g., employee identification 
number or badge number);
     Institutional or organizational affiliation;
     Institutional or organizational position;
     Contact information including, phone numbers, email 
addresses, physical addresses;
     Individual's biological sex;
     Individual's collected DNA sample and the sample's 
physical location information (stored and maintained in the database); 
and
     Individual's DNA sequence data, but not the full genome 
sequence.

RECORD SOURCE CATEGORIES:
    Records are obtained from NBFAC and non-NBFAC personnel. External 
partner agencies may provide information about their personnel who have 
been in contact or proximity to NBFAC DNA-sensitive laboratories or its 
biological samples or material.

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, 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) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys 
Offices, or other federal agencies conducting litigation or proceedings 
before any court, adjudicative, or administrative body, when it is 
relevant or 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    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 (NARA) or 
General Services Administration pursuant to records management

[[Page 25880]]

inspections being conducted under the authority of 44 U.S.C. secs. 2904 
and 2906.
    D. To an agency or organization 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (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 DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS 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.
    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, when 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.
    H. 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.
    I. To a federal agency for a statistical or research purpose, 
including the development of methods or resources to support 
statistical or research activities, provided that the records support 
DHS programs and activities that relate to the purpose(s) stated in 
this SORN, and will not be used in whole or in part in making any 
determination regarding an individual's rights, benefits, or privileges 
under federal programs, or published in any manner that identifies an 
individual.
    J. 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, when (1) the NBACC has entered into an agreement 
with such agency to process samples on behalf of the agency, (2) either 
NBACC or the partner agency has reason to believe a contamination event 
has occurred, and (3) the partner agency demonstrates to NBACC that the 
contamination event relates to or affects a law enforcement 
investigation, and (4) NBACC determines that release of the records 
would assist in identifying and resolving a contamination event.
    K. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data, that relate to the purpose(s) stated in this 
SORN, for purposes of testing new technology.
    L. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/S&T typically stores records in this system electronically or 
on paper in secure facilities in a locked drawer behind a locked door. 
The records may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/S&T may retrieve records by name, NBFAC identifier, or other 
personal identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    DHS/S&T has proposed a records retention schedule to NARA. DHS/S&T 
proposes a 20-year retention period for (1) records generated for use 
in law enforcement cases, with the potential for appeal; and (2) 
records in research and development files or projects, not used in law 
enforcement cases, to allow time to evaluate their historic 
significance.
    In some instances, DHS/S&T seeks permanent retention for records in 
significant law enforcement cases or projects involving novel or 
complex issues, public interest, media attention, or congressional 
scrutiny and a five-year retention period for records that document 
compliance with International Organization for Standardization (ISO) 
17025 requirements to carry out tests and/or calibrations, including 
sampling.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/S&T safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. DHS/S&T has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Component Privacy Officer or 
Component Freedom of Information Act Officer, whose contact information 
can be found at https://www.dhs.gov/foia under ``Contact Information.'' 
If an individual believes more than one component maintains Privacy Act 
records concerning him or her, or if the request is for records 
maintained at a DHS Headquarters office, the individual may submit the 
request to the Chief Privacy Officer and Chief Freedom of Information 
Act Officer, U.S. Department of Homeland Security, Washington, DC 
20528-0655, or electronically at https://

[[Page 25881]]

www.dhs.gov/dhs-foia-privacy-act-request-submission-form. Even if 
neither the Privacy Act nor the Judicial Redress Act provide a right of 
access, certain records about you may be available under the Freedom of 
Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's 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. An 
individual may obtain more information about this process at https://www.dhs.gov/foia. In addition, the individual should, whenever 
possible:
     Describe the records sought, including any circumstances 
or reasons why the Department would have information being requested;
     Identify which component(s) of the Department or 
Department Headquarters Office he or she believes may have the 
information;
     Specify the timeline when the individual believes the 
records would have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS Headquarters Office or component agency may 
have responsive records;
    If the request is seeking records pertaining to another living 
individual, the request must include a statement from the living 
individual verifying the identity of the individual, as described in 
the verification steps above, and provide a statement from the living 
individual certifying the individual's agreement that records 
concerning the individual may be released to you.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, 
individuals may make a request for amendment or correction of a record 
of the Department about the individual by writing directly to the 
Department component that maintains the record, unless the record is 
not subject to amendment or correction. The request should identify 
each particular record in question, state the amendment or correction 
desired, and state why the individual believes that the record is not 
accurate, relevant, timely, or complete. The individual may submit any 
documentation that would be helpful. If the individual believes that 
the same record is in more than one system of records, the request 
should state that and be addressed to each component that maintains a 
system of records containing the record. Even if neither the Privacy 
Act nor the Judicial Redress Act provide a right of access, individuals 
may seek to amend records following the ``access procedures'' above. 
DHS/S&T, in its discretion, may choose to make the requested amendment. 
However, neither this system of records notice, nor DHS/S&T's making a 
requested amendment, confers to individuals any right to access, 
contest, or amend records not covered by the Privacy Act or Judicial 
Redress Act.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None. When this system receives a record from another system 
exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will 
claim the same exemptions for those records that are claimed for the 
original primary systems of records from which they originated.

HISTORY:
    N/A.
* * * * *

Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-09937 Filed 5-10-21; 8:45 am]
BILLING CODE 9110-9F-P