Privacy Act of 1974; Department of Homeland Security Transportation Security Administration-011, Transportation Security Intelligence Service Operations Files Systems of Records, 18867-18871 [2010-8315]
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Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices
retained permanently; redress records
are retained for seven years for
individuals who were cleared as
possible matches, and 99 years for
individual who were actual matches.
SYSTEM MANAGER AND ADDRESS:
Director, Office of the Executive
Secretariat, TSA Headquarters, 601 S.
12th Street, Arlington, VA 20598.
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NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system as reflected
in the final rule published on June 25,
2004 (69 FR 35536). However, TSA will
consider individual requests to
determine whether or not information
may be released. This, 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 the Headquarters or component’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’
TSA’s FOIA office may be reached by
mail at Transportation Security
Administration, TSA–20, FOIA Office,
601 S. 12th Street, Arlington, VA 20598.
If an individual believes more than one
component maintains Privacy Act
records concerning him/her the
individual may submit the request to
the Chief Privacy Officer, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system or records you
request must conform with the privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and data and
place of birth. You must sign your
request, and your signature must 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 the
Director, Disclosure and FOIA, https://
www.dhs.gov or 1–866–431–0486. In
addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
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• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to other living individual,
you must include a statement from the
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted 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 PROCEDURE:
Same as ‘‘Notification Procedure’’
above.
CONTESTING RECORD PROCEDURES:
Same as ‘‘Notification Procedure’’
above.
RECORD SOURCE CATEGORIES:
Records are obtained from calls and
correspondence from or on behalf of
individuals who contact TSA with
inquiries, comments, complaints, or
claims, as well as from TSA employees
or contractors and witnesses, and other
third parties who provide pertinent
information where applicable.
Information may also be collected from
documents such as records of the
contact made with TSA, incident
reports, and from other sources, such as
employers, state and local agencies,
other federal agencies, and related
material for background as appropriate.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of this system are exempt
under 5 §§ 552a(k)(1) and (k)(2) as
reflected in the final rule published on
June 25, 2004 (69 FR 35536).
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–8316 Filed 4–12–10; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0016]
Privacy Act of 1974; Department of
Homeland Security Transportation
Security Administration—011,
Transportation Security Intelligence
Service Operations Files Systems of
Records
AGENCY:
PO 00000
Privacy Office, DHS.
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18867
ACTION: Notice to alter an existing
Privacy Act system of records.
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security proposes to update
and reissue a Department of Homeland
Security system of records notice titled,
Transportation Security
Administration—011 Transportation
Security Intelligence Service Operations
Files previously published on December
10, 2004 to reflect necessary
programmatic changes. As a result of the
biennial review of this system,
modifications are being made to the
system of records’ categories of
individuals, categories of records,
routine uses, record source categories,
retention and disposal, and notification
procedure. The Transportation Security
Intelligence Service Operations Filing
System contains records on individuals
identified in intelligence,
counterintelligence, transportation
security and information systems
security records that relate to the
Transportation Security
Administration’s mission. For example,
this system contains information on
individuals involved in terrorism or the
compromise of classified information.
Portions of this system are exempt
under 5 U.S.C. 552a(j)(2), (k)(1), (k)(2)
and (k)(5) as reflected in the final rule
published in the Federal Register on
August 4, 2006.
This updated system will continue to
be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
May 13, 2010. This new system will be
effective May 13, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0016 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, 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 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: Peter
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Pietra, Privacy Officer, Transportation
Security Administration, TSA–36, 601
South 12th Street, Arlington, VA 20598–
6036 or TSAprivacy@dhs.gov. For
privacy issues please contact: Mary
Ellen Callahan (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS)
Transportation Security Administration
(TSA) proposes to update and reissue a
DHS/TSA system of records notice
titled, DHS/TSA–011, Transportation
Security Intelligence Service (TSIS)
Operations Files System of Records (69
FR 71828, December 10, 2004).
TSA’s mission is to protect the
nation’s transportation systems to
ensure freedom of movement for people
and commerce. To achieve this mission,
TSA is required to develop and adapt its
security programs to respond to
evolving threats to transportation
security. In accordance with the
biennial review of this system, the
following modifications are being made:
• The categories of records section is
updated to include biometric records.
• DHS/TSA is incorporating four DHS
standard routines uses. One routine use
will allow release of information to
appropriate agencies, entities, and
persons when DHS/TSA suspects or has
confirmed that the security or
confidentiality of an information system
of records has been compromised.
Another routine use permits the release
of information to the media when there
exists a legitimate public interest in
disclosing information. Release under
this routine use will require the
approval of the DHS Chief Privacy
Officer in consultation with counsel.
Another routine use allows the release
of information to a court, magistrate,
administrative tribunal or opposing
counsel or parties where a Federal
agency is a party or has an interest in
the litigation or administrative
proceeding. The fourth routine use
allows DHS/TSA to release information
to a former employee when it is
necessary to consult with the former
employee regarding a matter that is
within that person’s former area of
responsibility.
• TSA is revising a routine use by
adding indirect air carriers and other
facility operators as potential recipients
of information from these systems when
appropriate to address a threat or
potential threat to transportation
security or national security, or when
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required for administrative purposes
related to the effective and efficient
administration of transportation security
laws.
• TSA is also revising a current
routine use by adding indirect air
carriers and other facility operators as
potential recipients of information about
individuals who are their employees,
job applicants, or contractors, or persons
to whom they issue identification
credentials or grant clearances to
secured areas in transportation facilities
when relevant to such employment,
application, contract, training or the
issuance of such credentials or
clearances.
• The record source categories are
updated to reflect the use of commercial
and public record databases and Web
sites to obtain information regarding the
identity of individuals who attempt to
gain access to the sterile areas of the
airport and for whom identity needs to
be verified or individuals who are being
vetted to qualify as Federal flight deck
officers. The record source categories to
include Federal, State, local and foreign
agencies; formerly only U.S. agencies
were included.
• For each system of records covered
by this notice, the retention and
disposal sections are updated to reflect
the records retention schedules
approved by the National Archives and
Records Administration (NARA).
• The notification section for each
system of records covered by this notice
was changed to reflect that inquiries
regarding whether the applicable system
contains records about an individual
should be directed to TSA’s Freedom of
Information Act (FOIA) Office.
The TSIS Operations Filing System
contains records on individuals
identified in intelligence,
counterintelligence, transportation
security and information systems
security records that relate to TSA’s
mission. For example, this system
contains information on individuals
involved in terrorism or the compromise
of classified information. DHS/TSA is
revising its system of records to reflect
necessary programmatic changes.
Portions of this system are exempt
under 5 U.S.C. 552a(j)(2), (k)(1), (k)(2)
and (k)(5) as reflected in the final rule
published on August 4, 2006 in 71 FR
44223.
Consistent with the Privacy Act,
information stored in the TSIS
Operations Files System may be shared
with other DHS components, as well as
appropriate Federal, State, local, Tribal,
foreign, or international government
agencies. This sharing will only take
place after DHS determines that the
receiving component or agency has a
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need to know the information to carry
out national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for 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
United States citizens and lawful
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. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency recordkeeping
practices transparent, to notify
individuals regarding the uses to their
records are put, and to assist individuals
to more easily find such files within the
agency. Below is the description of the
DHS/TSA–011 TSIS Operations Files
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 OF RECORDS
DHS/TSA–011
SYSTEM NAME:
Transportation Security
Administration 011 Transportation
Security Intelligence Service (TSIS)
Operations Files.
SECURITY CLASSIFICATION:
Classified, sensitive.
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SYSTEM LOCATION:
Records are maintained at the
Transportation Security
Administration’s Office of the
Transportation Security Intelligence
Service in Arlington, Virginia and field
offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals identified in intelligence,
counterintelligence, transportation
security, or information system security
reports and supporting materials,
including but not limited to individuals
involved in matters of intelligence, law
enforcement or transportation security,
information systems security, the
compromise of classified information, or
terrorism.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include biographic and
biometric information; intelligence
requirements, analysis, and reporting;
information systems security analysis
and reporting; articles, public-source
data, and other published information
on individuals and events of interest to
TSA; actual or purported compromises
of classified intelligence;
countermeasures in connection
therewith; identification of classified
source documents and distribution
thereof; records related to transportation
security matters (e.g., reports of
security-related incidents), and law
enforcement records as they pertain to
issues involving transportation security.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114; National Security Act
of 1947, as amended, 50 U.S.C. 403–
3(d); National Security Agency Act of
1959, Pub. L. 86–36, as amended, 50
U.S.C. 402 Note; E.O. 12333; E.O. 13292
and 12958; E.O. 9397; and National
Security Directive 42.
PURPOSE(S):
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To maintain records on intelligence,
counterintelligence, transportation
security, and information systems
security matters as they relate to TSA’s
mission of protecting the nation’s
transportation systems. To identify
potential threats to transportation
security, uphold and enforce the law,
and ensure public safety.
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
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pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ)
(including United States attorney
Offices) or other Federal agency in
anticipation of conducing, or
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. Any current or former employee of
DHS in his/her official capacity, or
3. Any current 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, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
agencies pursuant to records
management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise there is a risk of harm to
economic or property interests, identity
theft or fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information;
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, or others
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18869
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
agency, including law enforcement, 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 United States Department of
Transportation, its operating
administrations, or the appropriate State
or local agency when relevant or
necessary to:
1. Ensure safety and security in any
mode of transportation;
2. Enforce safety- and security-related
regulations and requirements;
3. Assess and distribute intelligence
or law enforcement information related
to transportation security;
4. Assess and respond to threats to
transportation;
5. Oversee the implementation and
ensure the adequacy of security
measures at airports and other
transportation facilities;
6. Plan and coordinate any actions or
activities that may affect transportation
safety and security or the operations of
transportation operators; or
7. The issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
I. To Federal, State, local, Tribal,
territorial, foreign, or international
agencies to provide intelligence,
counterintelligence, information
systems and transportation security
information, and other information for
the purpose of counterintelligence or
antiterrorism activities authorized by
U.S. law or Executive Order or for the
purpose of enforcing laws that protect
national security of the U.S.
J. To U.S. Government agencies
regarding compromises of classified
information including the document(s)
apparently compromised, implications
of disclosure of intelligence sources and
methods, investigative data on
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compromises, and statistical and
substantive analysis of the data.
K. To any U.S. Government
organization in order to facilitate any
security, employment, detail, liaison, or
contractual decision by any U.S.
Government organization, or to facilitate
access to any U.S. Government
information system.
L. To U.S. agencies involved in the
protection of intelligence sources and
methods to facilitate such protection
and to support intelligence analysis and
reporting.
M. To a Federal, State, local, Tribal,
territorial, foreign, or international
agency, where such agency has
requested information relevant or
necessary for the hiring or retention of
an individual, or the issuance of a
security clearance, license, contract,
grant, or other benefit.
N. To a Federal, State, local, Tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a DHS/TSA
decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, license, contract,
grant, or other benefit.
O. To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
P. To third parties during the course
of or as follow-up to an investigation
into violations or potential violations of
the law, or an investigation related to
the hiring or retention of an individual,
or the issuance of a security clearance,
license, contract, grant, or other benefit,
to the extent necessary to obtain
information pertinent to the follow-up
inquiry or investigation.
Q. To airport operators, aircraft
operators, maritime and surface
transportation operators, indirect air
carriers, and other facility operators
about individuals who are their
employees, job applicants, or
contractors, or persons to whom they
issue identification credentials or grant
clearances to secured areas in
transportation facilities when relevant
to such employment, application,
contract, training or the issuance of such
credentials or clearances.
R. To the appropriate Federal, State,
local, Tribal, territorial, foreign, or
international agency regarding
individuals who pose or are suspected
of posing a risk to transportation or
national security.
S. To airport operators, aircraft
operators, maritime and surface
transportation operators, indirect air
carriers, or other facility operators when
appropriate to address a threat or
potential threat to transportation
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security, or when required for
administrative purposes related to the
effective and efficient administration of
transportation security laws.
T. To a court, magistrate, or
administrative tribunal where a Federal
agency is a party to the litigation or
administrative proceeding in the course
of presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings.
U. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a Federal, State, or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
V. To the news media and the public,
with the approval of the DHS Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information 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 or a risk to transportation or
national security.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be maintained on paper,
audio and video recordings, and in
computer-accessible storage media.
Records may also be stored on
microfiche and roll microfilm. Records
that are sensitive or classified are
safeguarded in accordance with agency
procedures, and applicable Executive
Orders and statutes.
RETRIEVABILITY:
Records may be retrieved by the
individual’s name, Social Security
number, or other assigned personal
identifier.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
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all applicable DHS automated systems
security and access policies. Strict
controls have been imposed 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.
RETENTION AND DISPOSAL:
Pursuant to the approved National
Archives and Records Administration
records retention schedule N1–560–04–
12, routine and insignificant case files
are destroyed after thirty years;
significant case files are retained
permanently; watch logs are destroyed
after thirty years; watchlists are
destroyed 99 years after date of entry or
seven years after confirmation of death,
whichever is sooner.
SYSTEM MANAGER(S) AND ADDRESS:
Transportation Security
Administration, Special Assistant,
Office of Intelligence, TSA–10, 601
South 12th Street, Arlington, VA 20598.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
the Transportation Security
Administration will consider individual
requests to determine whether or not
information may be released. Thus,
individuals seeking notification and
access to any record contained in the
system of records, or seeking to contest
its content, may submit a request in
writing to the Headquarters or
component’s FOIA Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘contacts.’’ TSA’s FOIA Officer is
located at: Freedom of Information Act
Office, TSA–20, 601 S. 12th Street, 11th
Floor, East Tower, Arlington, VA
20598–6020, 1–866–FOIA–TSA or 571–
227–2300, Fax: 571–227–1406, E-mail:
foia.tsa@dhs.gov. 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, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
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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
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• 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,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
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 PROCEDURE:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURE:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from subject individuals;
other Federal, State, local and foreign
agencies and organizations; hard-copy
media, including periodicals,
newspapers, and broadcast transcripts,
and commercial and public record
databases and Web sites; public and
classified reporting, intelligence source
documents, investigative reports, and
correspondence.
sroberts on DSKD5P82C1PROD with NOTICES
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of this system are exempt
under 5 U.S.C. 552a(j)(2), (k)(1), (k)(2),
and (k)(5) as reflected in the final rule
published on August 4, 2006, in 71 FR
44223.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–8315 Filed 4–12–10; 8:45 am]
BILLING CODE 4910–62–P
VerDate Nov<24>2008
17:33 Apr 12, 2010
Jkt 220001
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form N–600K, Revision of a
Currently Approved Information
Collection; Comment Request
ACTION: 60-Day Notice of Information
Collection under Review: Form N–600K,
Application for Citizenship and
Issuance of Certificate under Section
322. OMB Control No. 1615–0087.
The Department of Homeland
Security, U.S. Citizenship and
Immigration Services has submitted the
following information collection request
for review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
60 days until June 14, 2010.
Written comments and suggestions
regarding items contained in this notice,
and especially with regard to the
estimated public burden and associated
response time should be directed to the
Department of Homeland Security
(DHS), USCIS, Chief, Regulatory
Products Division, Clearance Office, 111
Massachusetts Avenue, NW.,
Washington, DC 20529–2210.
Comments may also be submitted to
DHS via facsimile to 202–272–8352, or
via e-mail at rfs.regs@dhs.gov. When
submitting comments by e-mail please
add the OMB Control Number 1615–
0087 in the subject box.
Written comments and suggestions
from the public and affected agencies
concerning the collection of information
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
18871
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a currently approved
information collection.
(2) Title of the Form/Collection:
Application for Citizenship and
Issuance of Certificate under Section
322.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form N–
600K, U.S. Citizenship and Immigration
Services.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
Households. This form provides an
organized framework for establishing
the authenticity of an applicant’s
eligibility and is essential for providing
prompt, consistent and correct
processing of such applications for
citizenship under section 322 of the
Immigration and Nationality Act.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 1,500 responses at 1 hour and
35 minutes (1.583 hours) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 2,374 annual burden hours.
If you need a copy of the information
collection instrument, please visit:
https://www.regulations.gov/.
We may also be contacted at: USCIS,
Regulatory Products Division, 111
Massachusetts Avenue, NW.,
Washington, DC 20529–2210, telephone
number 202–272–8377.
Dated: March 31, 2010.
Stephen Tarragon,
Deputy Chief, Regulatory Products Division,
U.S. Citizenship and Immigration Services.
Department of Homeland Security.
[FR Doc. 2010–8361 Filed 4–12–10; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2010–0119]
Notification of the Imposition of
Conditions of Entry for Certain Vessel
Arriving to the United States From the
Democratic Republic of Sao Tome and
Principe
Coast Guard, DHS.
Notice.
AGENCY:
ACTION:
E:\FR\FM\13APN1.SGM
13APN1
Agencies
[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18867-18871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8315]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0016]
Privacy Act of 1974; Department of Homeland Security
Transportation Security Administration--011, Transportation Security
Intelligence Service Operations Files Systems of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice to alter an existing Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue a Department of
Homeland Security system of records notice titled, Transportation
Security Administration--011 Transportation Security Intelligence
Service Operations Files previously published on December 10, 2004 to
reflect necessary programmatic changes. As a result of the biennial
review of this system, modifications are being made to the system of
records' categories of individuals, categories of records, routine
uses, record source categories, retention and disposal, and
notification procedure. The Transportation Security Intelligence
Service Operations Filing System contains records on individuals
identified in intelligence, counterintelligence, transportation
security and information systems security records that relate to the
Transportation Security Administration's mission. For example, this
system contains information on individuals involved in terrorism or the
compromise of classified information.
Portions of this system are exempt under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2) and (k)(5) as reflected in the final rule published in
the Federal Register on August 4, 2006.
This updated system will continue to be included in the Department
of Homeland Security's inventory of record systems.
DATES: Submit comments on or before May 13, 2010. This new system will
be effective May 13, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0016 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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 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:
Peter
[[Page 18868]]
Pietra, Privacy Officer, Transportation Security Administration, TSA-
36, 601 South 12th Street, Arlington, VA 20598-6036 or
TSAprivacy@dhs.gov. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) Transportation Security
Administration (TSA) proposes to update and reissue a DHS/TSA system of
records notice titled, DHS/TSA-011, Transportation Security
Intelligence Service (TSIS) Operations Files System of Records (69 FR
71828, December 10, 2004).
TSA's mission is to protect the nation's transportation systems to
ensure freedom of movement for people and commerce. To achieve this
mission, TSA is required to develop and adapt its security programs to
respond to evolving threats to transportation security. In accordance
with the biennial review of this system, the following modifications
are being made:
The categories of records section is updated to include
biometric records.
DHS/TSA is incorporating four DHS standard routines uses.
One routine use will allow release of information to appropriate
agencies, entities, and persons when DHS/TSA suspects or has confirmed
that the security or confidentiality of an information system of
records has been compromised. Another routine use permits the release
of information to the media when there exists a legitimate public
interest in disclosing information. Release under this routine use will
require the approval of the DHS Chief Privacy Officer in consultation
with counsel. Another routine use allows the release of information to
a court, magistrate, administrative tribunal or opposing counsel or
parties where a Federal agency is a party or has an interest in the
litigation or administrative proceeding. The fourth routine use allows
DHS/TSA to release information to a former employee when it is
necessary to consult with the former employee regarding a matter that
is within that person's former area of responsibility.
TSA is revising a routine use by adding indirect air
carriers and other facility operators as potential recipients of
information from these systems when appropriate to address a threat or
potential threat to transportation security or national security, or
when required for administrative purposes related to the effective and
efficient administration of transportation security laws.
TSA is also revising a current routine use by adding
indirect air carriers and other facility operators as potential
recipients of information about individuals who are their employees,
job applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, training or the issuance of such credentials or
clearances.
The record source categories are updated to reflect the
use of commercial and public record databases and Web sites to obtain
information regarding the identity of individuals who attempt to gain
access to the sterile areas of the airport and for whom identity needs
to be verified or individuals who are being vetted to qualify as
Federal flight deck officers. The record source categories to include
Federal, State, local and foreign agencies; formerly only U.S. agencies
were included.
For each system of records covered by this notice, the
retention and disposal sections are updated to reflect the records
retention schedules approved by the National Archives and Records
Administration (NARA).
The notification section for each system of records
covered by this notice was changed to reflect that inquiries regarding
whether the applicable system contains records about an individual
should be directed to TSA's Freedom of Information Act (FOIA) Office.
The TSIS Operations Filing System contains records on individuals
identified in intelligence, counterintelligence, transportation
security and information systems security records that relate to TSA's
mission. For example, this system contains information on individuals
involved in terrorism or the compromise of classified information. DHS/
TSA is revising its system of records to reflect necessary programmatic
changes.
Portions of this system are exempt under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2) and (k)(5) as reflected in the final rule published on
August 4, 2006 in 71 FR 44223.
Consistent with the Privacy Act, information stored in the TSIS
Operations Files System may be shared with other DHS components, as
well as appropriate Federal, State, local, Tribal, foreign, or
international government agencies. This sharing will only take place
after DHS determines that the receiving component or agency has a need
to know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for 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 United States citizens and lawful
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. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the DHS/TSA-
011 TSIS Operations Files 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 OF RECORDS
DHS/TSA-011
SYSTEM NAME:
Transportation Security Administration 011 Transportation Security
Intelligence Service (TSIS) Operations Files.
SECURITY CLASSIFICATION:
Classified, sensitive.
[[Page 18869]]
SYSTEM LOCATION:
Records are maintained at the Transportation Security
Administration's Office of the Transportation Security Intelligence
Service in Arlington, Virginia and field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals identified in intelligence, counterintelligence,
transportation security, or information system security reports and
supporting materials, including but not limited to individuals involved
in matters of intelligence, law enforcement or transportation security,
information systems security, the compromise of classified information,
or terrorism.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include biographic and biometric information; intelligence
requirements, analysis, and reporting; information systems security
analysis and reporting; articles, public-source data, and other
published information on individuals and events of interest to TSA;
actual or purported compromises of classified intelligence;
countermeasures in connection therewith; identification of classified
source documents and distribution thereof; records related to
transportation security matters (e.g., reports of security-related
incidents), and law enforcement records as they pertain to issues
involving transportation security.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114; National Security Act of 1947, as amended, 50 U.S.C.
403-3(d); National Security Agency Act of 1959, Pub. L. 86-36, as
amended, 50 U.S.C. 402 Note; E.O. 12333; E.O. 13292 and 12958; E.O.
9397; and National Security Directive 42.
PURPOSE(S):
To maintain records on intelligence, counterintelligence,
transportation security, and information systems security matters as
they relate to TSA's mission of protecting the nation's transportation
systems. To identify potential threats to transportation security,
uphold and enforce the law, and ensure public safety.
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) as follows:
A. To the Department of Justice (DOJ) (including United States
attorney Offices) or other Federal agency in anticipation of conducing,
or conducting litigation or in proceedings before any court,
adjudicative or administrative body, when it is necessary to the
litigation and one of the following is a party to the litigation or has
an interest in such litigation:
1. DHS or any component thereof;
2. Any current or former employee of DHS in his/her official
capacity, or
3. Any current 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, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) that rely upon the
compromised information;
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,
or 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 agency, including law enforcement, 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 United States Department of Transportation, its operating
administrations, or the appropriate State or local agency when relevant
or necessary to:
1. Ensure safety and security in any mode of transportation;
2. Enforce safety- and security-related regulations and
requirements;
3. Assess and distribute intelligence or law enforcement
information related to transportation security;
4. Assess and respond to threats to transportation;
5. Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
6. Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
7. The issuance, maintenance, or renewal of a license, certificate,
contract, grant, or other benefit.
I. To Federal, State, local, Tribal, territorial, foreign, or
international agencies to provide intelligence, counterintelligence,
information systems and transportation security information, and other
information for the purpose of counterintelligence or antiterrorism
activities authorized by U.S. law or Executive Order or for the purpose
of enforcing laws that protect national security of the U.S.
J. To U.S. Government agencies regarding compromises of classified
information including the document(s) apparently compromised,
implications of disclosure of intelligence sources and methods,
investigative data on
[[Page 18870]]
compromises, and statistical and substantive analysis of the data.
K. To any U.S. Government organization in order to facilitate any
security, employment, detail, liaison, or contractual decision by any
U.S. Government organization, or to facilitate access to any U.S.
Government information system.
L. To U.S. agencies involved in the protection of intelligence
sources and methods to facilitate such protection and to support
intelligence analysis and reporting.
M. To a Federal, State, local, Tribal, territorial, foreign, or
international agency, where such agency has requested information
relevant or necessary for the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit.
N. To a Federal, State, local, Tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
DHS/TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
O. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
P. To third parties during the course of or as follow-up to an
investigation into violations or potential violations of the law, or an
investigation related to the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit, to the extent necessary to obtain information pertinent
to the follow-up inquiry or investigation.
Q. To airport operators, aircraft operators, maritime and surface
transportation operators, indirect air carriers, and other facility
operators about individuals who are their employees, job applicants, or
contractors, or persons to whom they issue identification credentials
or grant clearances to secured areas in transportation facilities when
relevant to such employment, application, contract, training or the
issuance of such credentials or clearances.
R. To the appropriate Federal, State, local, Tribal, territorial,
foreign, or international agency regarding individuals who pose or are
suspected of posing a risk to transportation or national security.
S. To airport operators, aircraft operators, maritime and surface
transportation operators, indirect air carriers, or other facility
operators when appropriate to address a threat or potential threat to
transportation security, or when required for administrative purposes
related to the effective and efficient administration of transportation
security laws.
T. To a court, magistrate, or administrative tribunal where a
Federal agency is a party to the litigation or administrative
proceeding in the course of presenting evidence, including disclosures
to opposing counsel or witnesses in the course of civil discovery,
litigation, or settlement negotiations or in connection with criminal
law proceedings.
U. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
V. To the news media and the public, with the approval of the DHS
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information 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 or a risk to transportation or national
security.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be maintained on paper, audio and video recordings, and
in computer-accessible storage media. Records may also be stored on
microfiche and roll microfilm. Records that are sensitive or classified
are safeguarded in accordance with agency procedures, and applicable
Executive Orders and statutes.
RETRIEVABILITY:
Records may be retrieved by the individual's name, Social Security
number, or other assigned personal identifier.
SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
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.
RETENTION AND DISPOSAL:
Pursuant to the approved National Archives and Records
Administration records retention schedule N1-560-04-12, routine and
insignificant case files are destroyed after thirty years; significant
case files are retained permanently; watch logs are destroyed after
thirty years; watchlists are destroyed 99 years after date of entry or
seven years after confirmation of death, whichever is sooner.
SYSTEM MANAGER(S) AND ADDRESS:
Transportation Security Administration, Special Assistant, Office
of Intelligence, TSA-10, 601 South 12th Street, Arlington, VA 20598.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, the Transportation
Security Administration will consider individual requests to determine
whether or not information may be released. Thus, individuals seeking
notification and access to any record contained in the system of
records, or seeking to contest its content, may submit a request in
writing to the Headquarters or component's FOIA Officer, whose contact
information can be found at https://www.dhs.gov/foia under
``contacts.'' TSA's FOIA Officer is located at: Freedom of Information
Act Office, TSA-20, 601 S. 12th Street, 11th Floor, East Tower,
Arlington, VA 20598-6020, 1-866-FOIA-TSA or 571-227-2300, Fax: 571-227-
1406, E-mail: foia.tsa@dhs.gov. 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,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part
[[Page 18871]]
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 the Director, Disclosure and FOIA, https://www.dhs.gov or 1-866-
431-0486. In addition you should provide the following:
An explanation of why you believe the Department would
have information on you,
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,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the 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 PROCEDURE:
See ``Notification procedure'' above.
CONTESTING RECORD PROCEDURE:
See ``Notification procedure'' above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from subject
individuals; other Federal, State, local and foreign agencies and
organizations; hard-copy media, including periodicals, newspapers, and
broadcast transcripts, and commercial and public record databases and
Web sites; public and classified reporting, intelligence source
documents, investigative reports, and correspondence.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of this system are exempt under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), and (k)(5) as reflected in the final rule published on
August 4, 2006, in 71 FR 44223.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8315 Filed 4-12-10; 8:45 am]
BILLING CODE 4910-62-P