Privacy Act of 1974; System of Records, 58084-58088 [2021-22849]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58084-58088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22849]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2021-0038]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified 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 modify and reissue a 
current DHS system of records titled, ``DHS/Science & Technology 
Directorate (S&T)-001 Research, Development, Test, and Evaluation 
System of Records.'' This system of records allows DHS/S&T to collect 
and maintain records in support of, or during the conduct of, S&T-
funded research, development, test, and evaluation activities. 
Information is collected for the purpose of furthering S&T's mission to 
push innovation and development, and the use of high technology in 
support of homeland security. This modified system will be included in 
DHS's inventory of record systems.

DATES: Submit comments on or before November 19, 2021. This modified 
system of records will be effective upon publication. New or modified 
routine uses will be effective November 19, 2021.

ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0038 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-2021-0038. 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, Science & 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, the U.S. Department of 
Homeland Security (DHS) Science & Technology Directorate (S&T) proposes 
to modify and reissue a current DHS system of records titled, ``DHS/
S&T-001 Research, Development, Test, and Evaluation System of 
Records.'' S&T's mission is to conduct research, development, testing, 
and evaluation (RDT&E or 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 covers records collected in support 
of, or during the conduct of, DHS/S&T-funded RDT&E activities in 
support of DHS Components and other partners in the Homeland Security 
Enterprise. Records can be collected through RDT&E activities such as 
testing and evaluating a screening technology, obtaining feedback on a 
technology from volunteer participants, or evaluating analytic tools 
using publicly available information.
    Pursuant to its statutory mandate, S&T engages in both basic and 
applied RDT&E. Basic research is that RDT&E which is normally conducted 
without specific applications toward processes or products in mind. For 
example, S&T researchers often engage in the development of knowledge 
products (e.g., white papers, literature reviews, peer-reviewed 
scholarly articles) for distribution to the Homeland Security 
Enterprise at large. This type of RDT&E is not in response to an 
external demand signal; rather, individual subject matter experts (SME) 
use their expertise and experience to advance the science of their 
respective fields. Because these

[[Page 58085]]

knowledge products are shared with external entities, S&T refers to 
these external entities as S&T's ``customers.'' Applied research is 
that RDT&E which is conducted to determine the means by which a 
recognized and specific operational need may be met. For example, if 
the Transportation Security Administration (TSA) identifies the need 
for a novel methodology of screening carry-on luggage at airport 
checkpoints, TSA would task S&T to develop this novel methodology 
through RDT&E activity. In instances where the RDT&E demand signal 
originates from outside of S&T, the originator is also referred to as 
an S&T's ``customer.''
    In situations where DHS/S&T-funded RDT&E activities directly 
involve law enforcement, intelligence personnel, and/or other 
operational entities, a source-system system of records notice (SORN) 
is relied upon to cover any records collected that are to be used in 
operations, to support operational decisions, or any purpose other than 
RDT&E activities. However, there could be situations, for example, 
during a human subject testing activity, whereby an individual provides 
information that indicates a violation or potential violation of law, 
which includes criminal, civil, or regulatory violations, for which 
such records would be covered by this SORN, and subsequently may be 
disclosed to external third parties that are charged with investigating 
or prosecuting a violation or enforcing or implementing a law, rule, 
regulation, or order, described in Routine Use G below.
    DHS/S&T is updating this system of records notice for several 
reasons, to include the maintenance of classified records, correct the 
citation of the authority which outlines the responsibilities of the 
Under Secretary for Science & Technology, add additional categories of 
individuals and categories of records, and modify Routine Uses. 
Individuals covered by this system of records now include individuals 
whose names or other identifying information may appear on social media 
platforms used or accessed by S&T for RDT&E purposes related to public 
safety, terrorism (including terrorist and targeted violence events), 
violent or criminal groups, or other topics related to preventing 
terrorism; counterterrorism; chemical, biological, and related weapons 
and materials; biomedical and life sciences research; or other homeland 
security information of interest to DHS/S&T in the performance of RDT&E 
activities. Additional records added to this system include Social 
Security number (SSN); social media handle, online user name, or other 
online identifier; research or other unique identifier; Uniform/
Universal Resource Locator (URL); Internet Protocol (IP) address; Media 
Access Control Address (MAC); and Computer name to account for 
information collected and maintained related to social media, other 
publicly available information, and other RDT&E activities. S&T is also 
updating this SORN to clarify the types of biometric samples and data 
that may be collected.
    DHS/S&T is also updating this SORN to include additional record 
source categories to include information obtained from publicly 
available sources, such as social media and the internet; other 
governmental agencies and entities; critical infrastructure owners and 
operators; other private sector entities and organizations; and free or 
fee-based commercial data providers. This SORN also addresses new 
policies and practices regarding storage, retrieval, retention, and 
disposal of records.
    Further, DHS/S&T is modifying Routine Use ``E'' and adding Routine 
Use ``F'' to conform to the breach requirements in OMB Memorandum M-17-
12. The previous Routine Use ``F'' has been re-lettered as Routine Use 
``H,'' the content of the previous Routine Use ``G'' has been modified 
to conform with current DHS requirements, and Routine Use ``I'' has 
been added to account for sharing to appropriate 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 
for purposes of testing new technology. Subsequent Routine Uses have 
been renumbered to account for these changes.
    Additionally, this notice includes non-substantive changes to 
simplify the formatting and text of the previously published notice.
    Consistent with DHS's information sharing mission, information 
stored in DHS/S&T-001 Research, Development, Test, and Evaluation 
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 consistent with the routine uses set forth in this 
system of records notice.
    This modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The fair information practice principles found in the Privacy Act 
underpin the 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 as U.S. 
citizens and lawful permanent residents. Similarly, the Judicial 
Redress Act (JRA) provides a statutory right to covered persons 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-001 Research, Development, 
Test, and Evaluation 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)-001 Research, Development, Test, and Evaluation 
(RDT&E) System of Records.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Records are maintained at the S&T Directorate Headquarters in 
Washington, DC, and field offices, and at public or private 
institutions conducting S&T-funded RDT&E activities.

SYSTEM MANAGER(S):
    Under Secretary for Science and Technology, Mail Stop: 0205, U.S. 
Department of Homeland Security, 245 Murray Lane SW, Washington, DC 
20528; (202) 254-7748; ST[email protected].

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) authorizes the S&T to conduct ``basic and 
applied research, development, demonstration, testing, and evaluation 
activities that are relevant to any or all elements of the

[[Page 58086]]

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. To 
the extent an activity meets the definition of research involving human 
subjects, DHS complies with the regulations set forth in 6 CFR part 46.

PURPOSE(S) OF THE SYSTEM:
    Records are collected for the purposes of furthering S&T's mission 
to push innovation and development and use technology in support of 
homeland security. The purposes of this system 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 
terrorism 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 or to 
provide scientific and technical expertise in support of emergency 
preparedness and response;
     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; and
     Conduct research and development to solve a technical 
problem for a customer.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals include voluntary participants in S&T-funded RDT&E 
activities such as field exercises or assessments, voluntary 
participants in human subjects research (note: 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 or other identifying information may appear in publicly available 
documents (e.g., newspapers, academic articles, and websites) or on 
social media platforms about public safety, terrorism (including 
terrorist and targeted violence events), counterterrorism, violent or 
criminal groups, or other topics related to chemical, biological, and 
related weapons and materials, biomedical and life sciences research, 
or other homeland security information of interest to DHS/S&T in the 
performance of RDT&E activities. This system of records also covers 
individuals whose images, 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; subject matter experts who publish articles related to 
terrorism, counterterrorism, chemical, biological, 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's RDT&E activities will vary according to the specific project. 
The information may include an individual's:
     Name;
     SSN;
     User name;
     Online identifier (e.g., social media handle);
     Research or other unique identifier;
     Uniform Resource Locator (URL);
     Internet Protocol (IP) address;
     Media Access Control (MAC) Address;
     Computer name;
     Age;
     Gender;
     Contact information;
     Birthplace;
     Ethnicity;
     Level of education;
     Occupation;
     Institutional or organizational affiliation;
     Publication record (e.g., article and publication titles, 
dates and sources);
     Medical history and other health-related information;
     Lifestyle information (e.g., caffeine use, tobacco use);
     Publicly available reports of criminal history or 
violence;
     Video or still images;
     Other images (e.g., infrared thermography, terahertz, 
millimeter wave);
     Audio recordings;
     Biometric samples (e.g., facial images, speech/voice, 
fingerprints, deoxyribonucleic acid (DNA), iris, human tissue, or other 
biometric information);
     Biometric data (e.g., Fingerprint Identification Number, 
voice and contactless fingerprints, biometric templates, typing 
cadence, cardiac signature, vascular patterns); and
     Physiological measurements collected using sensors (e.g., 
heart rate, breathing pattern, electrodermal activity).

RECORD SOURCE CATEGORIES:
    Records are obtained from (1) individuals directly; (2) publicly 
available information (e.g., social media platforms, news media 
outlets, internet search engines, academic and scientific 
publications); (3) sensors (e.g., records collected from the individual 
using sensors, such as a heart rate monitor) or technologies (e.g., 
cameras, audio recorders, infrared thermography or other images, 
biometric devices); (4) federal, state, local, territorial, tribal 
governments and agencies; (5) other domestic agencies; (6) foreign 
governments and agencies; (7) multinational or nongovernmental 
organizations; (8) critical infrastructure owners and operators; (9) 
private sector entities and organizations; and (10) free or fee-based 
commercial data providers.

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;

[[Page 58087]]

    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 
inspections being conducted under the authority of 44 U.S.C. 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 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 for purposes of testing new technology.
    J. 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 stores records in this system electronically or on paper in 
secure facilities, typically, 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:
    S&T may retrieve records by any of the information listed in the 
Categories of Records above.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are maintained in accordance with the appropriate NARA-
approved retention schedules. Different NARA-approved records retention 
schedules apply to specific RDT&E records, depending on the RDT&E 
activity. For example, Technical Information Bulletins, Technical 
Notes, Test and Evaluation Case Files, Test and Evaluation Files, Test 
and Evaluation Product Packages, Test Procedures and Protocols, and 
Test Team Assessment Letters fall under DHS Schedule 109-026-003, 
Scientific and Technological Research and Innovation. DHS/S&T must 
review Technical Information Bulletins and Technical Notes annually in 
accordance with N1-563-08-30 and delete or destroy records that have 
been inactive for five years. Test and Evaluation Case Files and 
supporting documentation is scheduled to be destroyed at the end of the 
calendar year five years after the completion of the test, exclusive of 
Test and Evaluation Final Reports, which are scheduled to be destroyed 
five years after the tested device, system, or equipment is removed 
from operation in accordance with N1-563-08-13-7. Test and Evaluation 
File records, excluding Final Reports, are scheduled to be destroyed at 
the end of the calendar year five years after completion or 
cancellation of a project or one year after the responsible office 
determines the record is no longer needed for legal, audit, 
administrative or business purposes. Final Reports must be reviewed 
annually and destroyed or deleted after five years of inactivity, in 
accordance with N1-563-09-4-4. DHS/S&T destroys Test and Evaluation 
Product Packages 10 years after the testing and evaluation is completed 
as required by N1-563-08-13-8.
    DHS/S&T retains other RDT&E records on specific topics, issues, or 
projects in accordance with DHS Schedule 401-000-001a, Subject Files. 
The Subject Files are permanent and transferred to the National 
Archives after 10 years, in accordance with N1-563-07-13-11. DHS/S&T 
retains records involving inventions or patents according to DHS 
Schedule 105-012-002, Intellectual Property Protection, and N1-563-07-
17-9. For trademarks, DHS/S&T destroys the records at the end of the 
calendar year, 20 years after the date of issuance. For patents, DHS/
S&T destroys the records at the end of the calendar year, 40 years 
after the date of issuance. For copyright, DHS/S&T destroys the records 
at the end of the calendar year, 150 years after the date of issuance. 
For trade secrets, DHS/S&T destroys the records at the end of the 
calendar year, 20 years after the date when developed/discovered or 
when the trade secret is no longer valuable, whichever is later. 
Research and Development-related memoranda of understanding or 
agreement fall within DHS Schedule 105-012-003, Intellectual Property 
Protection, and are destroyed or deleted three years from when the 
agreement is terminated under N1-563-09-11-1. Program Evaluation 
records including Technical Assessments and Legal and Regulatory 
Compliance Records fall within DHS Schedule 301-092-002, Program

[[Page 58088]]

Evaluation, and N1-563-08-30-5. DHS/S&T is required to destroy or 
delete Technical Assessment project files, excluding Final Reports, at 
end of the calendar year five years after completion or cancelation of 
assessment or one year after the responsible office determines the 
records are no longer needed for legal, audit, administrative, or 
business purposes. DHS/S&T must destroy Program Evaluation legal and 
regulatory compliance records when the records are five years old.
    Given the scope of RDT&E activities, additional NARA-approved 
schedules apply to S&T records. Some records are permanent records and 
other records are temporary records. The records have different 
disposition instructions based on the applicable records retention 
schedule.
    DHS/S&T also has RDT&E records schedule requests pending, for 
example, for DHS/S&T National Laboratory research and development 
files, not used in law enforcement cases, and records that document 
compliance with standards-organization requirements to carry out test 
and calibration. Records subject to pending records schedule requests 
shall be retained until a records retention schedule has been approved 
by NARA.
    Researchers may retain aggregated research data indefinitely, as it 
may help inform future RDT&E efforts.

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. 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 ``Contacts Information.'' 
If an individual believes more than one component maintains Privacy Act 
records concerning him or her, 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://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 him or her 
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 ``Record 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, DHS will claim the 
same exemptions for those records that are claimed for the original 
primary systems of records from which they originated.

HISTORY:
    78 FR 3019 (January 15, 2013).

Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-22849 Filed 10-19-21; 8:45 am]
BILLING CODE 9110-9F-P