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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Records are obtained primarily from
the individual submitting the
application for recordation of the
trademark, trade name, or copyright. If
the applicant provides a registered
trademark number, the USPTO Web site
will provide automatically
supplemental information concerning
the trademark, the USPTO registration
number, the international class of goods
covered by the registration and the
specific products entitled to protection,
the date the owner filed the registration
application, and the date it issued the
trademark registration. If the applicant
provides a registered copyright, the U.S.
Copyright Office Web site will provide
automatically the title of the
copyrighted work, the U.S. Copyright
Office registration number, the date it
issued the copyright registration, and
the name of the copyright owner.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

CBP will not assert any exemptions
with respect to information in the
systems submitted by the intellectual
property right owner or the owner’s
representative, except with respect to
information about individuals who are
alleged to have infringed on the
trademark, trade name, or copyright.
Information in the system pertaining to
persons alleged to have infringed on an
intellectual property right may be
shared with national security, law
enforcement, or intelligence agencies
pursuant to the above routine uses. The
Privacy Act requires DHS to maintain an
accounting of the disclosures made
pursuant to all routines uses. Disclosing
the fact that national security, law
enforcement or intelligence agencies
have sought particular records may
affect ongoing national security, law
enforcement, or intelligence activity. As
such, pursuant to 5 U.S.C. 552a(j)(2),
DHS will claim exemption from
subsections (c)(3), (e)(8), and (g) of the
Privacy Act of 1974, as amended, as
necessary and appropriate to protect
this information. In addition, because
the system may contain information or
records about the unauthorized use of
intellectual property rights and
disclosure of that information could
impede law enforcement investigations,
DHS will claim, pursuant to 5 U.S.C.
552a(k)(2), exemption from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) of the Privacy Act of
1974, as necessary and appropriate to
protect this information.

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Dated: December 12, 2012.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–00603 Filed 1–14–13; 8:45 am]
BILLING CODE 9110–06–P

3019

http://www.regulations.gov, including
any personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.
For
general questions please contact:
Christopher Lee, STPrivacy@hq.dhs.gov,
the Science & Technology Directorate’s
Privacy Office, Mail Stop: 0205,
Department of Homeland Security, 245
Murray Lane SW., Washington, DC
20528. For privacy issues, please
contact: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2012–0025]

Privacy Act of 1974; Science &
Technology Directorate–001 Research,
Development, Test, and Evaluation
Records System of Records
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/Science and Technology
Directorate–001 Research, Development,
Test, and Evaluation System of
Records.’’ This system of records allows
the Department of Homeland Security/
Science and Technology Directorate to
collect and maintain records collected
in support of, or during the conduct of,
Science & Technology-funded research,
development, test, and evaluation
activities. As a result of the biennial
review of this system, routine uses have
been updated. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
February 14, 2013. This updated system
will be effective February 14, 2013.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2012–0025 by one of the following
methods:
• Federal e-Rulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
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
SUMMARY:

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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) Science and
Technology Directorate (S&T) proposes
to update and reissue a current DHS
system of records titled, ‘‘DHS/S&T–001
Research, Development, Test, and
Evaluation System of Records.’’
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, when 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 supporting
RDT&E activities (e.g., testing and
evaluating a screening technology or
obtaining feedback on a technology from
volunteer participants). S&T will not
use the information collected for law
enforcement, intelligence, or any
purpose other than RDT&E. This system
of records notice only covers the
collection and use of information for the
purpose of RDT&E activities. In
situations when DHS/S&T-funded
RDT&E activities directly involve law
enforcement, intelligence personnel,
and/or other operational entities, a
separate SORN is required to address
any activities from which information
collected would be used in operations,
to support operational decisions, or any
purpose other than RDT&E activities.
An exception to the above general rule
limiting the use of collected information

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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.
The Routine Uses have been updated
to include Routine Use ‘‘H,’’ disclosure
to the news media and the public.
Additionally, this notice includes nonsubstantive changes to simplify and
clarify the formatting and text of the
previously published notice. The
updates do not have a significant impact
on individual privacy. All current
privacy protections and considerations
remain intact ensuring individual
privacy is protected during S&T RDT&E
activities, including conducting a
Privacy Impact Assessment (PIA) and
using technical safeguards and access
controls to protect data from
unauthorized use. The updates specify
that any law enforcement, intelligence
personnel, or operational partners
collaborating with S&T may make
operational decisions based on
information collected during S&T
RDT&E activities, if they have
appropriate legal authority and an
appropriate SORN is in place.
This updated system will be included
in DHS’ inventory of record systems.
II. The Privacy Act
The Privacy Act embodies fair
information 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
particular assigned to an individual. In
the Privacy Act, an individual is defined
to encompass U.S. citizens and legal
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors.
Below is a description of the DHS/
S&T–001 Research, Development, Test,

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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:

Department of Homeland Security/
S&T–001
SYSTEM NAME:

DHS/S&T–001 Research, Development,
Test, and Evaluation Records
SECURITY CLASSIFICATION:

Unclassified
SYSTEM LOCATION:

Records are maintained at the S&T
Headquarters in Washington, DC, 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 research
(note: all S&T-funded research that
involves human subjects research is
conducted in accordance with 45 CFR
part 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 personally
identifiable information may be
collected through DHS operations and
maintained by other DHS components;
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 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, but is not
limited to, an individual’s:
• Name;
• Age;
• Gender;
• Contact information;
• Birthplace;
• Ethnicity;

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• 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, iris images, DNA 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:

The Homeland Security Act of 2002,
Public Law 1007–296, § 302(4) (codified
at 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. When 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 CFR part 46 and
establishes Departmental policy for the
protection of human subjects in
research.
PURPOSE(S):

Records are 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. The purposes of the
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 terrorism and
identify trends and patterns in terrorist
activities.
• Collect and maintain searchable
records of individuals (such as subject
matter experts on chemical weapons)

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and/or their characteristics and
professional accomplishments,
organized according to categories useful
for the purpose of collaboration or
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 or first
responder 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.

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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 (DOJ),
including U.S. Attorney Offices, or other
federal agency conducting litigation or
in 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 of former employee
of DHS in his/her official capacity;
3. any employee or former 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.
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

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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
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) that rely 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.
H. 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 or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’
officers, employees, or individuals

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3021

covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
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. Data and systems are encrypted
as necessary, pursuant to DHS
guidelines.
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% false positive rate, or the
technology is accurate 92% 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 or personal 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

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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 program 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. Oftentimes, PII collected
during the project is retained for the
duration of the project; at the
conclusion of the project, PII is
destroyed. However, researchers may
retain aggregated research data (without
PII) indefinitely, as it may help inform
future RDT&E efforts.

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
Director, Disclosure and FOIA, http://
www.dhs.gov or 1–866–431–0486. In
addition you should provide the
following:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
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 the above information the
component(s) 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.

SYSTEM MANAGER(S) AND ADDRESS:

S&T Privacy Office, Mail Stop: 0205,
Department of Homeland Security, 245
Murray Lane, SW., Washington, DC
20528.

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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 Officer,
Mail Stop: 0205 Department of
Homeland Security, 245 Murray Lane
SW., Washington, DC 20528, specific
FOIA contact information can be found
at http://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

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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.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–00602 Filed 1–14–13; 8:45 am]

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4092–
DR; Docket ID FEMA–2013–0001]

Virginia; Amendment No. 1 to Notice of
a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.

AGENCY:
ACTION:

Notice.

This notice amends the notice
of a major disaster declaration for the
Commonwealth of Virginia (FEMA–
4092–DR), dated November 26, 2012,
and related determinations.

SUMMARY:

DATES:

Effective Date: January 2, 2013.

FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–3886.
The notice
of a major disaster declaration for the
Commonwealth of Virginia is hereby
amended to include Disaster
Unemployment Assistance for the
following area among those areas
determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of November 26, 2012.

SUPPLEMENTARY INFORMATION:

Accomack County for Disaster
Unemployment Assistance.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2013–00720 Filed 1–14–13; 8:45 am]
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