80 FR 8292 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 80, Issue 31 (February 17, 2015)

The Department of the Army proposes to add a new system of records, A0025-2 PMG (DFBA) DoD, entitled ``Defense Biometric Identification Records System'' to facilitate biometric identification (i.e., automated identity verification of individuals by reference to their measurable physiological and/or behavioral characteristics) of U.S. persons who seek access to DoD property, installations, or information; U.S. persons who pose a threat to DoD personnel, assets or missions, or to national security; U.S. persons who are captured, detained, or otherwise encountered by DoD forces during military operations; and U.S. persons for whom DoD has the responsibility to recover or account during or as a result of DoD operations. Information is collected to support DoD military missions, detainee affairs, personnel recovery, force protection, antiterrorism, special operations, stability operations, homeland defense, counterintelligence, and intelligence efforts around the world.

[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8292-8295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03123]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2015-0007]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to add a new System of Records.

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SUMMARY: The Department of the Army proposes to add a new system of 
records, A0025-2 PMG (DFBA) DoD, entitled ``Defense Biometric 
Identification Records System'' to facilitate biometric identification 
(i.e., automated identity verification of individuals by reference to 
their measurable physiological and/or behavioral characteristics) of 
U.S. persons who seek access to DoD property, installations, or 
information; U.S. persons who pose a threat to DoD personnel, assets or 
missions, or to national security; U.S. persons who are captured, 
detained, or otherwise encountered by DoD forces during military 
operations; and U.S. persons for whom DoD has the responsibility to 
recover or account during or as a result of DoD operations. Information 
is collected to support DoD military missions, detainee affairs, 
personnel recovery, force protection, antiterrorism, special 
operations, stability operations, homeland defense, 
counterintelligence, and intelligence efforts around the world.

DATES: Comments will be accepted on or before March 19, 2015. This 
proposed action will be effective the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones, Jr., Department of 
the Army, Privacy Office, U.S. Army Records Management and 
Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 
144, Alexandria, VA 22325-3905 or by calling (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army notices for 
systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), 
as amended, have been published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT or at 
http://dpcld.defense.gov/. The proposed system report, as required by 
5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted 
on December 16, 2014, to the House Committee on Oversight and 
Government Reform, the Senate Committee on Governmental Affairs, and 
the Office of Management and Budget (OMB) pursuant to paragraph 4c of 
Appendix I to OMB Circular No. A-130, ``Federal Agency Responsibilities 
for Maintaining Records About Individuals,'' dated February 8, 1996 
(February 20, 1996, 61 FR 6428).

    Dated: February 11, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0025-2 PMG (DFBA) DoD

System name:
    Defense Biometric Identification Records System

System location:
    Department of Defense, Defense Forensics and Biometrics Agency,

[[Page 8293]]

Biometrics Identity Management Activity, 347 West Main Street, 
Clarksburg, WV 26306-2947.
    Any DoD location at which any DoD activity operates biometric data 
collection and/or storage systems (for which notice is not provided 
elsewhere) that receives, compares, retains, accesses, uses, or 
forwards biometric data and related information to or from the above-
referenced database.

Categories of individuals covered by the system:
    Individuals covered include members of the U.S. Armed Forces; DoD 
civilian and contractor personnel; military reserve personnel; Army and 
Air National Guard personnel; U.S. persons requiring or requesting 
access to DoD, DoD-controlled, and/or DoD contractor operated, 
controlled or secured data, information systems, equipment, facilities 
or installations.
    DoD-affiliated U.S. persons who have been declared missing or 
prisoners of war; DoD-affiliated U.S. persons who are being detained or 
held hostage by hostile forces, or non-DoD affiliated U.S. persons 
known or suspected to be held under such circumstances in an area of 
DoD operations; U.S. persons recovered from hostile control by DoD 
personnel or as a result of DoD operations; U.S. persons within the 
purview of the DoD personnel recovery mission which supports U.S. 
military, DoD civilian, and DoD contractor personnel while hostilities 
are ongoing.
    U.S. persons within the purview of the DoD personnel accounting 
mission which supports U.S. military, DoD civilian, and DoD contractor 
personnel once hostilities cease; U.S. persons in DoD custody as a 
result of military operations overseas or due to maritime intercepts; 
U.S. persons otherwise encountered by DoD forces during military 
operations.
    U.S. persons lawfully assessed by appropriate authority in 
accordance with applicable law and policy to pose a potential threat to 
DoD personnel, installations, assets, information and/or operations.
    U.S. persons who are the subject of pending queries against the 
subject record system.
    U.S. persons identified during a biometric screening process as a 
possible identity match to the subject of an existing record within the 
system, i.e., data regarding persons for whom DoD has good reason to 
believe there is potential substantive justification for retention, but 
have not yet been able to absolutely confirm.
    U.S. persons who are misidentified as a possible identity match to 
the subject of an existing record within the system (``misidentified 
persons'').
    U.S. persons who are the subject of a redress inquiry that is 
pending resolution.

Categories of records in the system:
    This system includes identity records established to support 
automated identification, authentication, or verification including 
biometric information and related biographic, contextual, and other 
information, reports, and data in paper and/or electronic format.
    Records include biometric information, such as images, photos and 
templates of biological (anatomical and physiological) and/or 
behavioral characteristics that can be used for automated recognition, 
including, fingerprints, palm prints, facial images, iris images, DNA, 
and voice samples.
    Biographic information including name, date of birth, place of 
birth, height, weight, eye color, hair color, race, gender, social 
security number, and similar relevant information;
    Contextual information including organization, telephone number, 
office symbol, security clearance, level of access, and location of 
collection.
    User information including subject interest codes; user 
identification codes; globally unique identifiers; data files retained 
by users; assigned passwords; magnetic tape reel identification; 
abstracts of computer programs and names and phone numbers of 
contributors, and similar relevant information;
    Information concerning DoD-affiliated persons who are being 
detained or held hostage by hostile forces, or non-DoD affiliated U.S. 
persons known or suspected to be held under such circumstances in an 
area of DoD operations, such as biographic data, casualty reports, and 
debriefing reports;
    Information from and electronic images of international federal, 
state, tribal, or state issued individual identity documents.

    Note: This system expressly does not maintain any record or 
information that is subject to Executive Order 12333, United States 
intelligence activities; DoDD 5240.01, DoD Intelligence Activities 
and/or Army Regulation 381-10, U.S. Army Intelligence Activities.

Authority for maintenance of the system:
    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 3013, Secretary of 
the Army; Homeland Security Presidential Directive (HSPD)-6, 
Integration and Use of Screening Information; HSPD-11, Comprehensive 
Terrorist-Related Screening Procedures; National Security Presidential 
Directive (NSPD)-59/HSPD-24, Biometrics for Identification and 
Screening to Enhance National Security; DoD Instruction (DoDI) 2000.12, 
DoD Antiterrorism (AT) Program; DoD Instruction 2310.05, Accounting for 
Missing Persons; DoD Directive (DoDD) 2310.07, Personnel Accounting--
Losses Due to Hostile Acts; DoDD 5110.10 Defense Prisoner of War/
Missing Office Personnel Office (DPMO); DoDI 5200.08, Security of DoD 
Installations and Resources and the DoD Physical Security Review Board 
(PSRB); DoDD 8521.01E, Department of Defense Biometrics; DoDD 8500.01, 
Cybersecurity; DoD 5200.08-R, Physical Security Program; AR 25-2, 
Information Assurance; AR 190-8, Enemy Prisoners of War, Retained 
Personnel, Civilian Internees and Other Detainees; and AR 525-13, 
Antiterrorism.

Purpose(s):
    To facilitate biometric identification (i.e., automated identity 
verification of individuals by reference to their measurable 
physiological and/or behavioral characteristics) of U.S. Persons who 
seek access to DoD property, installations, or information; U.S. 
Persons who pose a threat to DoD personnel, assets or missions, or to 
national security; U.S. Persons who are captured, detained, or 
otherwise encountered by DoD forces during military operations; and 
U.S. Persons for whom DoD has the responsibility to recover or account 
during or as a result of DoD operations. Information is collected to 
support DoD military missions, detainee affairs, personnel recovery, 
identification of remains, force protection, antiterrorism, special 
operations, stability operations, homeland defense, 
counterintelligence, and intelligence efforts around the world 
(excluding those intelligence activities identified in the NOTE above).

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 of 1974, as amended, these records contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To Federal, State, tribal, local, foreign or international 
agencies, task forces or organizations, for the purposes of law 
enforcement, counterterrorism, immigration management and control, 
force protection, personnel recovery and homeland security as 
authorized by U.S. Law or Executive Order; or for the

[[Page 8294]]

purpose of protecting the territory, people, and interests of the 
United States of America against breaches of security related to DoD 
controlled information or facilities.
    To those federal agencies that have agreed to provide support to 
DFBA for purposes of ensuring the continuity of DFBA operations.
    To any Federal, State, tribal, local, territorial, foreign, or 
multinational agency, entity or organization that is engaged in, or is 
planning to engage in, terrorism screening, or national security threat 
screening, authorized by the U.S. Government, for the purpose of 
development, testing, or modification of information technology systems 
used or intended to be used during or in support of the screening 
process; whenever practicable, however, DFBA, to the extent possible, 
will substitute anonymized or de-identified data, such that the 
identity of the individual cannot be derived from the data.
    To any person or entity in either the public or private sector, 
domestic or foreign, when reasonably necessary to elicit information or 
cooperation from the recipient for use by DFBA in the performance of an 
authorized function, such as obtaining information from data sources as 
to the thoroughness, accuracy, currency, or reliability of the data 
provided so that DFBA may review the quality and integrity of its 
records for quality assurance or redress purposes, and may also assist 
persons misidentified during a screening process.
    To any Federal, State, tribal, local, territorial, foreign, 
multinational agency or task force, or any other entity or person that 
receives information from the U.S. Government for terrorism screening 
purposes, or national security threat screening purposes, in order to 
facilitate DFBA's or the recipient's review, maintenance, and 
correction of DFBA data for quality assurance or redress purposes, and 
to assist persons misidentified during a screening process.
    To any agency, organization or person for the purposes of (1) 
performing authorized security, audit, or oversight operations of the 
DoD, Office of the Provost Marshal General, DFBA, or any agency, 
organization, or person engaged in or providing information used for 
terrorism screening, or possible national security threat screening, 
that is supported by DFBA, and (2) meeting related reporting 
requirements.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders and electronic storage media.

Retrievability:
    Name, DNA, biometric template, fingerprints, facial image, iris 
image.

Safeguards:
    Computerized records are maintained in a controlled area accessible 
only to authorized personnel. Physical entry is restricted by the use 
of locks and guards, and is permitted only to authorized personnel. 
Physical and electronic access is restricted to designated individuals 
requiring such access in the performance of official duties. Access to 
computerized data is restricted by use of common access cards (CACs), 
and is permitted only to users with authorized accounts. The system and 
electronic backups are maintained within controlled facilities that 
employ physical restrictions and safeguards, such as security guards, 
identification badges, key cards, and locks.

Retention and disposal:
    Records in this system will be retained and disposed of in 
accordance with the records schedule approved by the National Archives 
and Records Administration. In general, records in the Automated 
Biometric Identification System are destroyed seventy-five years after 
the end of the calendar year in which the record was submitted or last 
updated, or when they are no longer needed for military operations or 
DoD business functions, whichever is later.

System manager(s) and address:
    Director, Defense Forensics and Biometrics Agency, 251 18th Street 
South, Suite 244, Arlington, VA 22202-3532.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to Director, Defense Forensics and Biometrics Agency, 251 18th Street 
South, Suite 244, Arlington, VA 22202-3532.
    The requester should provide full name, current address and 
telephone number, and signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: `'I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).'

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to Director, 
Defense Forensics and Biometrics Agency, 251 18th Street South, Suite 
244, Arlington, VA 22202-3532.
    The requester should provide full name, current address and 
telephone number, and signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).'

Contesting record procedures:
    The Army's rule for accessing records, contesting contents, and 
appealing initial agency determinations are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Record source categories:
    Information in this system may be provided by the individual; from 
Military Department, Combatant Command, and other DoD component 
systems; the Department of Justice, including the Federal Bureau of 
Investigation (FBI), the Department of Homeland Security, the 
Department of State, and foreign governments in accordance with 
applicable law, policy, agreements, and published routine uses.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes may be 
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be

[[Page 8295]]

eligible, as a result of the maintenance of such information, the 
individual will be provided access to such information except to the 
extent that disclosure would reveal the identity of a confidential 
source.
    Exempt materials from other sources listed above may become part of 
the case records in this system of records. To the extent that copies 
of exempt records from other sources listed above are entered into 
these case records, the Department of the Army hereby claims the same 
exemptions, (j)(2) and (k)(2), for the records as claimed by the source 
systems, specifically to the extent that copies of exempt records may 
become part of these records from JUSTICE/FBI-019 Terrorist Screening 
Records System, the Department of the Army hereby claims the same 
exemptions for the records as claimed at their source (JUSTICE/FBI-019, 
Terrorist Screening Records System).
    An exemption rule for this exemption has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 505. For additional information 
contact the system manager.

[FR Doc. 2015-03123 Filed 2-13-15; 8:45 am]
BILLING CODE 3710-08-P