Privacy Act of 1974; Department of Homeland Security Transportation Security Administration-002 Transportation Security Threat Assessment System System of Records, 28046-28051 [2010-11919]
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communications. Strict control
measures are enforced to ensure that
access to classified and/or sensitive
information in these records is also
based on ‘‘need to know.’’ Electronic
access is limited by computer security
measures that are strictly enforced. TSA
file areas are locked after normal duty
hours and the facilities are protected
from the outside by security personnel.
RETENTION AND DISPOSAL:
National Archives and Records
Administration approval is pending for
the records in this system. Paper records
and information stored on electronic
storage media are maintained within
TSA for five years and then forwarded
to Federal Records Center. Records are
destroyed after ten years.
SYSTEM MANAGER AND ADDRESS:
Information Systems Program
Manager, Office of the Chief Counsel,
TSA Headquarters, West Tower, 8th
Floor, TSA–2, 601 S. 12th Street,
Arlington, VA 22202–4220.
BILLING CODE 4410–62–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0014]
Privacy Act of 1974; Department of
Homeland Security Transportation
Security Administration—002
Transportation Security Threat
Assessment System System of
Records
Privacy Office, DHS.
Notice to alter an existing
Privacy Act system of records.
In accordance with the
Privacy Act of 1974 the Department of
Homeland Security proposes to update
and reissue the Department of
Homeland Security Transportation
Security Administration—002
Transportation Security Threat
Assessment System of Records,
November 8, 2005, 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, data retention and
disposal, and notification procedures.
The Department of Homeland Security
Transportation Security
Administration—002 Transportation
Security Threat Assessment System
System of Records contains records
related to security threat assessments,
employment investigations, and
evaluations Transportation Security
Administration conducts on certain
individuals for security purposes. For
example, individuals who apply for a
Transportation Worker Identification
Credential or a Hazardous Materials
Endorsement must undergo a security
threat assessment and records
associated with the assessment are
covered by this system.
Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2) as
reflected in the final rule published in
the Federal Register on June 25, 2004.
This updated system will continue to
be included in the Department of
Homeland Security’s inventory of
record systems.
SUMMARY:
RECORD ACCESS PROCEDURE:
Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security Privacy Act
regulations on verification of identity
(6 CFR 5.21(d)).
CONTESTING RECORD PROCEDURES:
Same as ‘‘Notification Procedure,’’ and
‘‘Record Access Procedures’’ above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from the alleged violator,
TSA employees or contractors,
witnesses to the alleged violation or
events surrounding the alleged
violation, other third parties who
provided information regarding the
alleged violation, State and local
agencies, and other Federal agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
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[FR Doc. 2010–11917 Filed 5–18–10; 8:45 am]
ACTION:
To determine whether this system
contains records relating to you, write to
the System Manager identified above.
Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).
Portions of the system pertaining to
investigations or prosecutions of
violations of criminal law are exempt
under 5 U.S.C. 552a(j)(2). These
exemptions are reflected in the final
16:07 May 18, 2010
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
AGENCY:
NOTIFICATION PROCEDURE:
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rule published on August 4, 2006 in 71
FR 44223.
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DATES: Submit comments on or before
June 18, 2010. This amended system
will be effective June 18, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0014 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
Pietra (TSAprivacy@dhs.gov), 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—002 Transportation
Security Threat Assessment System of
Records (70 FR 33383, November 8,
2005).
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 individuals
section is updated to expressly include
individuals who seek maritime or
surface transportation facility access
badges or credentials as well as
individuals who undergo a security
threat assessment unassociated with a
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badge or credential. DHS/TSA is also
adding individuals seeking to become,
or qualified as, Certified Cargo
Screening Program validators;
individuals who are owners, operators,
or directors of any mode of
transportation; individuals who undergo
security threat assessments or
evaluations in order to obtain access to
facilities over which DHS exercises
authority to this system of records.
Information regarding an individual’s
level of access at transportation facilities
other than airports over which DHS
exercises authority, including
information on the termination or
expiration of the individual’s access is
now also included in the categories of
records. The categories of individuals
also includes individuals who have
been or seek to be distinguished from
individuals on a watch list through a
redress process or other means.
• The routine uses section is updated
to incorporate five Department of
Homeland Security (DHS) standard
routine 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. The fifth routine use
allows DHS/TSA to release information
to appropriate entities where it would
assist in the enforcement of civil or
criminal laws.
• Additionally, DHS/TSA is revising
a 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.
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• The retention and disposal section
is updated to reflect the records
retention schedule approved by the
National Archives and Records
Administration (NARA).
• The notification section was
changed to reflect that inquiries
regarding whether the applicable system
contains records about an individual
should be directed to The
Transportation Security Administration
Freedom of Information Act Office.
The Security Threat Assessment
System contains records related to
security threat assessments,
employment investigations, and
evaluations DHS/TSA conducts on
certain individuals for security
purposes. For example, individuals who
apply for a Transportation Worker
Identification Credential or a Hazardous
Materials Endorsement must undergo a
security threat assessment and are
covered by this system.
Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2). In
addition, to the extent a record contains
information from other exempt systems
of records, DHS/TSA will rely on the
exemptions claimed for those systems as
reflected in the final rule published on
June 25, 2004 in 69 FR 35536. The
information is collected to conduct
security threat assessments on
individuals to ensure they do not pose,
and are not suspected of posing, a threat
to transportation or national security.
Consistent with the Privacy Act,
information stored in the Transportation
Security Threat Assessment 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
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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 record keeping
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–002 Transportation Security
Threat Assessment System 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–002
SYSTEM NAME:
Transportation Security
Administration Transportation Security
Threat Assessment System (T–STAS).
SECURITY CLASSIFICATION:
Classified, Sensitive.
SYSTEM LOCATION:
Records are maintained at the
Transportation Security Administration
(TSA) Headquarters, 601 South 12th
Street, Arlington, VA 20598 and TSA
field offices. Records may also be
maintained at the offices of TSA
contractors.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who undergo a security
threat assessment, employment
investigation, or other evaluation
performed for security purposes, or in
order to obtain access to the following:
transportation infrastructure or assets,
such as terminals, facilities, pipelines,
railways, mass transit, vessels, aircraft,
or vehicles; restricted airspace;
passenger baggage; cargo; shipping
venues; or other facilities or critical
infrastructure over which the DHS
exercises authority; Sensitive Security
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Information or Classified information
provided in connection with
transportation security matters; or
transportation-related instruction or
training (such as flight training). This
includes, but is not limited to, the
following individuals:
(a) Individuals who require or seek
access to airports, or maritime or surface
transportation facilities, or facilities
over which DHS exercises authority.
(b) Individuals who have or are
seeking responsibility for screening
individuals or carry-on baggage, and
those persons serving as immediate
supervisors and the next supervisory
level to those individuals, other than
employees of the DHS/TSA who
perform or seek to perform these
functions.
(c) Individuals who have or are
seeking responsibility for screening
checked baggage or cargo, and their
immediate supervisors, and the next
supervisory level to those individuals,
other than employees of the DHS/TSA
who perform or seek to perform these
functions.
(d) Individuals who have or are
seeking the authority to accept checked
baggage for transport on behalf of an
aircraft operator that is required to
screen passengers.
(e) Pilots, copilots, flight engineers,
flight navigators, and airline personnel
authorized to fly in the cockpit, relief or
deadheading crewmembers, cabin crew,
and other flight crew for an aircraft
operator or foreign air carrier that is
required to adopt and carry out a
security program.
(f) Flight crews and passengers who
request waivers of temporary flight
restrictions (TFRs) or other restrictions
pertaining to airspace.
(g) Other individuals who are
connected to the transportation industry
for whom DHS/TSA conducts security
threat assessments to ensure
transportation security.
(h) Individuals who have or are
seeking unescorted access to cargo in
the transportation system.
(i) Individuals who are owners,
officers, or directors of an indirect air
carrier or a business seeking to become
an indirect air carrier.
(j) Aliens or other individuals
designated by DHS/TSA who apply for
flight training or recurrent training.
(k) Individuals transported on allcargo aircraft, including aircraft operator
or foreign air carrier employees and
their family members and persons
transported for the flight.
(l) Individuals seeking to become, or
qualified as, known shippers or
Certified Cargo Screening Program
validators.
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(m) Known or suspected terrorists
identified in the Terrorist Screening
Database (TSDB) of the Federal Bureau
of Investigation’s (FBI) Terrorist
Screening Center (TSC); individuals
identified by DHS/TSA to the TSDB
because they pose a threat to civil
aviation or national security; and
individuals on classified and
unclassified governmental terrorist, law
enforcement, immigration, or
intelligence databases, including
databases maintained by the Department
of Defense, National Counterterrorism
Center, or Federal Bureau of
Investigation.
(n) Individuals who have been or seek
to be distinguished from individuals on
a watch list through a redress process or
other means.
(o) Individuals who are owners,
operators or directors of any
transportation mode facilities, services,
or assets.
CATEGORIES OF RECORDS IN THE SYSTEM:
DHS/TSA’s system may contain any,
or all, of the following information
regarding individuals covered by this
system:
(a) Name (including aliases or
variations of spelling).
(b) Gender.
(c) Current and historical contact
information (including, but not limited
to, address information, telephone
number, and e-mail).
(d) Government-issued licensing or
identification information (including,
but not limited to, Social security
number; pilot certificate information,
including number and country of
issuance; current and past citizenship
information; immigration status; alien
registration numbers; visa information;
and other licensing information for
modes of transportation).
(e) Date and place of birth.
(f) Name and information, including
contact information and identifying
number (if any) of the airport, aircraft
operator, indirect air carrier, maritime
or land transportation operator, or other
employer or entity that is employing the
individual, or submitting the
individual’s information, or sponsoring
the individual’s background check/
threat assessment.
(g) Physical description, fingerprint
and/or other biometric identifier, and
photograph.
(h) Date, place, and type of flight
training or other instruction.
(i) Control number or other unique
identification number assigned to an
individual or credential.
(j) Information necessary to assist in
tracking submissions, payments, and
transmission of records.
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(k) Results of any analysis performed
for security threat assessments and
adjudications.
(l) Other data as required by Form FD
258 (fingerprint card) or other standard
fingerprint cards used by the federal
government.
(m) Information provided by
individuals covered by this system in
support of their application for an
appeal or waiver.
(n) Flight information, including crew
status on board.
(o) Travel document information
(including, but not limited to, passport
information, including number and
country of issuance; and current and
past citizenship information and
immigration status, any alien
registration numbers, and any visa
information).
(p) Criminal history records.
(q) Data gathered from foreign
governments or entities that is necessary
to address security concerns in the
aviation, maritime, or land
transportation systems.
(r) Other information provided by
federal, state, and local government
agencies or private entities relevant to
the assessment, investigation, or
evaluation.
(s) The individual’s level of access at
an airport or other transportation
facility, including termination or
expiration of access.
(t) Military service history.
(u) Suitability testing and results of
such testing.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114, 5103a, 40103(b)(3),
40113(a), 44903(b), 44936, 44939, and
46105.
PURPOSE(S):
(a) Performance of security threat
assessments, employment
investigations, and evaluations
performed for security purposes that
Federal statutes and/or DHS/TSA
regulations authorize for the individuals
identified in ‘‘Categories of individuals
covered by the system,’’ above.
(b) To assist in the management and
tracking of the status of security threat
assessments, employment
investigations, and evaluations
performed for security purposes.
(c) To permit the retrieval of the
results of security threat assessments,
employment investigations, and
evaluations performed for security
purposes; including criminal history
records checks and searches in other
governmental, commercial, and private
data systems, performed on the
individuals covered by this system.
(d) To permit the retrieval of
information from other terrorist-related,
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law enforcement, immigration and
intelligence databases on the
individuals covered by this system.
(e) To track the fees incurred, and
payment of those fees, by the airport
operators, aircraft operators, maritime
and land transportation operators, flight
students, and others, where appropriate,
for services related to security threat
assessments, employment
investigations, and evaluations
performed for security purposes.
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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.
522a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed as a routine use pursuant to 5
U.S.C. 522a(b)(3) as follows;
A. To the Department of Justice (DOJ)
(including United States Attorney
Offices) or other federal agency in
anticipation of, 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 employee of DHS in his/her
official capacity;
3. Any 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
government 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;
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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) or
harm to the individual 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,
volunteers, 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 required to comply with the
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 U.S. 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
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7. The issuance, maintenance, or
renewal of a license, endorsement,
certificate, contract, grant, or other
benefit.
I. 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.
J. 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,
endorsement, contract, grant, waiver,
credential, or other benefit.
K. To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a DHS/TSA
decision concerning initial or recurrent
security threat assessment, the hiring or
retention of an employee; the issuance
of a security clearance, license,
endorsement, contract, grant, waiver,
credential, or other benefit and to
facilitate any associated payment and
accounting.
L. To international and foreign
governmental authorities, in accordance
with law and formal or informal
international agreement.
M. To third parties during the course
of a security threat assessment,
employment investigation, or
adjudication of a waiver or appeal
request, to the extent necessary to obtain
information pertinent to the assessment,
investigation, or adjudication.
N. 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.
O. 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.
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P. 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.
Q. To the appropriate federal, state,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
order, license, or treaty, where DHS/
TSA determines that the information
would assist in the enforcement of a
civil or criminal laws.
R. 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 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.
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
In accordance with National Archives
and Records Administration approved
retention and disposal policy N1–560–
06, individuals who were not identified
as possible security threat, records will
be destroyed one year after DHS/TSA is
notified that access based on security
threat assessment is no longer valid;
where an individual was identified as a
possible security threat and
subsequently cleared, records will be
destroyed seven years after completion
of the security threat assessment or one
year after being notified that access
based on the security threat assessment
is no longer valid, whichever is longer;
and where the individual is an actual
match to a watchlist, records will be
destroyed 99 years after the security
threat assessment or seven years after
DHS/TSA is notified the individual is
deceased, whichever is shorter.
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURE:
STORAGE:
Records may be maintained on paper
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 name,
social security number, identifying
number of the submitting or sponsoring
entity, other case number assigned by
DHS/TSA or other entity/agency,
biometric, or a unique identification
number, or any other identifying
particular assigned or belonging to the
individual.
SAFEGUARDS:
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RETENTION AND DISPOSAL:
Assistant Director for Compliance,
Transportation Threat Assessment &
Credentialing Office, TSA–19,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
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
VerDate Mar<15>2010
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.
16:07 May 18, 2010
Jkt 220001
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,
DHS/TSA 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 DHS/TSA’s FOIA Officer.
DHS/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.
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
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
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Sfmt 4703
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 Chief Privacy Officer and Chief
Freedom of Information Act Officer,
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:
Same as ‘‘Notification Procedure,’’
above.
CONTESTING RECORD PROCEDURE:
Same as ‘‘Notification Procedure’’
above.
RECORD SOURCE CATEGORIES:
Records are obtained from individuals
subject to a security threat assessment,
employment investigation, or other
security analysis; from aviation,
maritime, and land transportation
operators, flight schools, or other
persons sponsoring the individual; and
any other persons, including
commercial entities that may have
information that is relevant or necessary
to the assessment or investigation.
Information about individuals is also
used or collected from domestic and
international intelligence sources and
other governmental, private, and public
databases. The sources of information in
the criminal history records obtained
from the Federal Bureau of Investigation
are set forth in the Privacy Act system
of records notice Department of Justice
Federal Bureau of Investigation—009
Fingerprint Identification Records
System (72 FR 3410, January 1, 2007).
E:\FR\FM\19MYN1.SGM
19MYN1
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted portions of this system
from subsections (c)(3); (d); (e)(1),
(e)(4)(G); (H); (I); and (f) of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(1) and
(k)(2) as reflected in the final rule
published on June 25, 2004 in 69 FR
35536. In addition, to the extent a
record contains information from other
exempt systems of records, DHS/TSA
will rely on the exemptions claimed for
those systems.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–11919 Filed 5–18–10; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Public Workshop: Pieces of Privacy
Privacy Office, DHS.
ACTION: Notice announcing public
workshop.
AGENCY:
SUMMARY: The Department of Homeland
Security Privacy Office will host a
public workshop, ‘‘Pieces of Privacy.’’
DATES: The workshop will be held on
June 10, 2010, from 8:30 a.m. to 4:30
p.m.
The workshop will be held
in the auditorium at the DHS Offices at
the GSA Regional Headquarters
Building located at 7th and D Streets,
SW., Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Tamara Baker, Privacy Office,
Department of Homeland Security,
Washington, DC 20528; by telephone
703–235–0780; by facsimile 703–235–
0442; or by e-mail at
privacyworkshop@dhs.gov.
ADDRESSES:
The
Department of Homeland Security
(DHS) Privacy Office is holding a public
workshop that will provide in-depth
training on the privacy compliance
process at DHS, and specifically what
triggers the need for privacy compliance
documentation, Privacy Act
requirements, and Computer Matching
Agreements. A case study will be used
to illustrate a step-by-step approach to
researching, preparing, and writing
these documents. The workshop will
highlight Official Guidance for the
Privacy Impact Assessments and
Systems of Records Notices.
The workshop is open to the public
and there is no fee for attendance.
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SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:07 May 18, 2010
Jkt 220001
Registration and Security: In order to
facilitate security requirements of the
GSA facility, attendees must register in
advance for this workshop. Registration
closes at 9 a.m., Monday, June 7, 2010.
To register, please send an e-mail to
privacyworkshop@dhs.gov, with the
name of the workshop (‘‘Pieces of
Privacy’’) in the subject line, and your
full name and organizational affiliation
in the body of the email. Alternatively,
you may call 703–235–0780 to register
and to provide the Privacy Office with
your full name and organizational
affiliation.
All attendees who are employed by a
federal agency will be required to show
their Federal agency employee photo
identification badge to enter the
building. Attendees who do not possess
a Federal agency employee photo
identification badge will need to show
a form of government-issued photo
identification, such as a driver’s license,
in order to verify their previouslyprovided registration information. This
is a security requirement of the facility.
The Privacy Office will only use your
name for the security purposes of this
specific workshop and to contact you in
the event of a change to the workshop.
Special Assistance: Persons with
disabilities who require special
assistance should indicate this in their
admittance request and are encouraged
to identify anticipated special needs as
early as possible.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–11925 Filed 5–18–10; 8:45 am]
BILLING CODE 9110–9L–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Intent To Request Renewal From OMB
of One Current Public Collection of
Information: Department of Homeland
Security Traveler Redress Inquiry
Program (DHS TRIP)
AGENCY: Transportation Security
Administration, DHS.
ACTION: 60-day notice.
SUMMARY: The Transportation Security
Administration (TSA) invites public
comment on one currently approved
Information Collection Request (ICR),
Office of Management and Budget
(OMB) control number 1652–0044,
abstracted below that we will submit to
OMB for renewal in compliance with
the Paperwork Reduction Act (PRA).
The ICR describes the nature of the
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Fmt 4703
Sfmt 4703
28051
information collection and its expected
burden. The collection involves the
submission of identifying and travel
experience information by individuals
requesting redress through the
Department of Homeland Security
(DHS) Traveler Redress Inquiry Program
(DHS TRIP).
DATES: Send your comments by July 19,
2010.
ADDRESSES: Comments may be e-mailed
to TSAPRA@dhs.gov or delivered to the
TSA PRA Officer, Office of Information
Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Joanna Johnson at the above address, or
by telephone (571) 227–3651.
SUPPLEMENTARY INFORMATION:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation is
available at https://www.reginfo.gov.
Therefore, in preparation for OMB
review and approval of the following
information collection, TSA is soliciting
comments to—
(1) Evaluate whether the proposed
information requirement 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
agency’s estimate of the burden;
(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 using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
OMB Control Number 1652–0044;
Department of Homeland Security
(DHS) Traveler Redress Inquiry Program
(DHS TRIP). DHS TRIP was developed
as a voluntary program by DHS to
provide a one-stop mechanism for
individuals to request redress who
believe they have been: (1) Denied or
delayed boarding; (2) denied or delayed
entry into or departure from the United
States at a port of entry; or (3) identified
for additional (secondary) screening at
our Nation’s transportation facilities,
including airports, seaports, train
E:\FR\FM\19MYN1.SGM
19MYN1
Agencies
[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28046-28051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11919]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0014]
Privacy Act of 1974; Department of Homeland Security
Transportation Security Administration--002 Transportation Security
Threat Assessment System System 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 the Department of
Homeland Security Transportation Security Administration--002
Transportation Security Threat Assessment System of Records, November
8, 2005, 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, data retention and disposal, and notification procedures.
The Department of Homeland Security Transportation Security
Administration--002 Transportation Security Threat Assessment System
System of Records contains records related to security threat
assessments, employment investigations, and evaluations Transportation
Security Administration conducts on certain individuals for security
purposes. For example, individuals who apply for a Transportation
Worker Identification Credential or a Hazardous Materials Endorsement
must undergo a security threat assessment and records associated with
the assessment are covered by this system.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2) as reflected in the final rule published in the Federal Register
on June 25, 2004.
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 June 18, 2010. This amended system
will be effective June 18, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0014 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 Pietra (TSAprivacy@dhs.gov), 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--002 Transportation Security Threat
Assessment System of Records (70 FR 33383, November 8, 2005).
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 individuals section is updated to
expressly include individuals who seek maritime or surface
transportation facility access badges or credentials as well as
individuals who undergo a security threat assessment unassociated with
a
[[Page 28047]]
badge or credential. DHS/TSA is also adding individuals seeking to
become, or qualified as, Certified Cargo Screening Program validators;
individuals who are owners, operators, or directors of any mode of
transportation; individuals who undergo security threat assessments or
evaluations in order to obtain access to facilities over which DHS
exercises authority to this system of records. Information regarding an
individual's level of access at transportation facilities other than
airports over which DHS exercises authority, including information on
the termination or expiration of the individual's access is now also
included in the categories of records. The categories of individuals
also includes individuals who have been or seek to be distinguished
from individuals on a watch list through a redress process or other
means.
The routine uses section is updated to incorporate five
Department of Homeland Security (DHS) standard routine 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. The fifth
routine use allows DHS/TSA to release information to appropriate
entities where it would assist in the enforcement of civil or criminal
laws.
Additionally, DHS/TSA is revising a 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 retention and disposal section is updated to reflect
the records retention schedule approved by the National Archives and
Records Administration (NARA).
The notification section was changed to reflect that
inquiries regarding whether the applicable system contains records
about an individual should be directed to The Transportation Security
Administration Freedom of Information Act Office.
The Security Threat Assessment System contains records related to
security threat assessments, employment investigations, and evaluations
DHS/TSA conducts on certain individuals for security purposes. For
example, individuals who apply for a Transportation Worker
Identification Credential or a Hazardous Materials Endorsement must
undergo a security threat assessment and are covered by this system.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2). In addition, to the extent a record contains information from
other exempt systems of records, DHS/TSA will rely on the exemptions
claimed for those systems as reflected in the final rule published on
June 25, 2004 in 69 FR 35536. The information is collected to conduct
security threat assessments on individuals to ensure they do not pose,
and are not suspected of posing, a threat to transportation or national
security. Consistent with the Privacy Act, information stored in the
Transportation Security Threat Assessment 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 record keeping
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-
002 Transportation Security Threat Assessment System 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-002
System name:
Transportation Security Administration Transportation Security
Threat Assessment System (T-STAS).
Security classification:
Classified, Sensitive.
System location:
Records are maintained at the Transportation Security
Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA
20598 and TSA field offices. Records may also be maintained at the
offices of TSA contractors.
Categories of individuals covered by the system:
Individuals who undergo a security threat assessment, employment
investigation, or other evaluation performed for security purposes, or
in order to obtain access to the following: transportation
infrastructure or assets, such as terminals, facilities, pipelines,
railways, mass transit, vessels, aircraft, or vehicles; restricted
airspace; passenger baggage; cargo; shipping venues; or other
facilities or critical infrastructure over which the DHS exercises
authority; Sensitive Security
[[Page 28048]]
Information or Classified information provided in connection with
transportation security matters; or transportation-related instruction
or training (such as flight training). This includes, but is not
limited to, the following individuals:
(a) Individuals who require or seek access to airports, or maritime
or surface transportation facilities, or facilities over which DHS
exercises authority.
(b) Individuals who have or are seeking responsibility for
screening individuals or carry-on baggage, and those persons serving as
immediate supervisors and the next supervisory level to those
individuals, other than employees of the DHS/TSA who perform or seek to
perform these functions.
(c) Individuals who have or are seeking responsibility for
screening checked baggage or cargo, and their immediate supervisors,
and the next supervisory level to those individuals, other than
employees of the DHS/TSA who perform or seek to perform these
functions.
(d) Individuals who have or are seeking the authority to accept
checked baggage for transport on behalf of an aircraft operator that is
required to screen passengers.
(e) Pilots, copilots, flight engineers, flight navigators, and
airline personnel authorized to fly in the cockpit, relief or
deadheading crewmembers, cabin crew, and other flight crew for an
aircraft operator or foreign air carrier that is required to adopt and
carry out a security program.
(f) Flight crews and passengers who request waivers of temporary
flight restrictions (TFRs) or other restrictions pertaining to
airspace.
(g) Other individuals who are connected to the transportation
industry for whom DHS/TSA conducts security threat assessments to
ensure transportation security.
(h) Individuals who have or are seeking unescorted access to cargo
in the transportation system.
(i) Individuals who are owners, officers, or directors of an
indirect air carrier or a business seeking to become an indirect air
carrier.
(j) Aliens or other individuals designated by DHS/TSA who apply for
flight training or recurrent training.
(k) Individuals transported on all-cargo aircraft, including
aircraft operator or foreign air carrier employees and their family
members and persons transported for the flight.
(l) Individuals seeking to become, or qualified as, known shippers
or Certified Cargo Screening Program validators.
(m) Known or suspected terrorists identified in the Terrorist
Screening Database (TSDB) of the Federal Bureau of Investigation's
(FBI) Terrorist Screening Center (TSC); individuals identified by DHS/
TSA to the TSDB because they pose a threat to civil aviation or
national security; and individuals on classified and unclassified
governmental terrorist, law enforcement, immigration, or intelligence
databases, including databases maintained by the Department of Defense,
National Counterterrorism Center, or Federal Bureau of Investigation.
(n) Individuals who have been or seek to be distinguished from
individuals on a watch list through a redress process or other means.
(o) Individuals who are owners, operators or directors of any
transportation mode facilities, services, or assets.
Categories of records in the system:
DHS/TSA's system may contain any, or all, of the following
information regarding individuals covered by this system:
(a) Name (including aliases or variations of spelling).
(b) Gender.
(c) Current and historical contact information (including, but not
limited to, address information, telephone number, and e-mail).
(d) Government-issued licensing or identification information
(including, but not limited to, Social security number; pilot
certificate information, including number and country of issuance;
current and past citizenship information; immigration status; alien
registration numbers; visa information; and other licensing information
for modes of transportation).
(e) Date and place of birth.
(f) Name and information, including contact information and
identifying number (if any) of the airport, aircraft operator, indirect
air carrier, maritime or land transportation operator, or other
employer or entity that is employing the individual, or submitting the
individual's information, or sponsoring the individual's background
check/threat assessment.
(g) Physical description, fingerprint and/or other biometric
identifier, and photograph.
(h) Date, place, and type of flight training or other instruction.
(i) Control number or other unique identification number assigned
to an individual or credential.
(j) Information necessary to assist in tracking submissions,
payments, and transmission of records.
(k) Results of any analysis performed for security threat
assessments and adjudications.
(l) Other data as required by Form FD 258 (fingerprint card) or
other standard fingerprint cards used by the federal government.
(m) Information provided by individuals covered by this system in
support of their application for an appeal or waiver.
(n) Flight information, including crew status on board.
(o) Travel document information (including, but not limited to,
passport information, including number and country of issuance; and
current and past citizenship information and immigration status, any
alien registration numbers, and any visa information).
(p) Criminal history records.
(q) Data gathered from foreign governments or entities that is
necessary to address security concerns in the aviation, maritime, or
land transportation systems.
(r) Other information provided by federal, state, and local
government agencies or private entities relevant to the assessment,
investigation, or evaluation.
(s) The individual's level of access at an airport or other
transportation facility, including termination or expiration of access.
(t) Military service history.
(u) Suitability testing and results of such testing.
Authority for maintenance of the system:
49 U.S.C. 114, 5103a, 40103(b)(3), 40113(a), 44903(b), 44936,
44939, and 46105.
Purpose(s):
(a) Performance of security threat assessments, employment
investigations, and evaluations performed for security purposes that
Federal statutes and/or DHS/TSA regulations authorize for the
individuals identified in ``Categories of individuals covered by the
system,'' above.
(b) To assist in the management and tracking of the status of
security threat assessments, employment investigations, and evaluations
performed for security purposes.
(c) To permit the retrieval of the results of security threat
assessments, employment investigations, and evaluations performed for
security purposes; including criminal history records checks and
searches in other governmental, commercial, and private data systems,
performed on the individuals covered by this system.
(d) To permit the retrieval of information from other terrorist-
related,
[[Page 28049]]
law enforcement, immigration and intelligence databases on the
individuals covered by this system.
(e) To track the fees incurred, and payment of those fees, by the
airport operators, aircraft operators, maritime and land transportation
operators, flight students, and others, where appropriate, for services
related to security threat assessments, employment investigations, and
evaluations performed for security purposes.
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.
522a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed as a routine use
pursuant to 5 U.S.C. 522a(b)(3) as follows;
A. To the Department of Justice (DOJ) (including United States
Attorney Offices) or other federal agency in anticipation of, 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 employee of DHS in his/her official capacity;
3. Any 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 government 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) or harm to the
individual 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,
volunteers, 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
required to comply with the 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 U.S. 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, endorsement,
certificate, contract, grant, or other benefit.
I. 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.
J. 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, endorsement, contract,
grant, waiver, credential, or other benefit.
K. To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
DHS/TSA decision concerning initial or recurrent security threat
assessment, the hiring or retention of an employee; the issuance of a
security clearance, license, endorsement, contract, grant, waiver,
credential, or other benefit and to facilitate any associated payment
and accounting.
L. To international and foreign governmental authorities, in
accordance with law and formal or informal international agreement.
M. To third parties during the course of a security threat
assessment, employment investigation, or adjudication of a waiver or
appeal request, to the extent necessary to obtain information pertinent
to the assessment, investigation, or adjudication.
N. 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.
O. 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.
[[Page 28050]]
P. 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.
Q. To the appropriate federal, state, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation,
order, license, or treaty, where DHS/TSA determines that the
information would assist in the enforcement of a civil or criminal
laws.
R. 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 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 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 name, social security number,
identifying number of the submitting or sponsoring entity, other case
number assigned by DHS/TSA or other entity/agency, biometric, or a
unique identification number, or any other identifying particular
assigned or belonging to the individual.
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:
In accordance with National Archives and Records Administration
approved retention and disposal policy N1-560-06, individuals who were
not identified as possible security threat, records will be destroyed
one year after DHS/TSA is notified that access based on security threat
assessment is no longer valid; where an individual was identified as a
possible security threat and subsequently cleared, records will be
destroyed seven years after completion of the security threat
assessment or one year after being notified that access based on the
security threat assessment is no longer valid, whichever is longer; and
where the individual is an actual match to a watchlist, records will be
destroyed 99 years after the security threat assessment or seven years
after DHS/TSA is notified the individual is deceased, whichever is
shorter.
System manager(s) and address:
Assistant Director for Compliance, Transportation Threat Assessment
& Credentialing Office, TSA-19, Transportation Security Administration,
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, DHS/TSA 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 DHS/TSA's FOIA Officer.
DHS/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.
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 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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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:
Same as ``Notification Procedure,'' above.
Contesting record procedure:
Same as ``Notification Procedure'' above.
Record source categories:
Records are obtained from individuals subject to a security threat
assessment, employment investigation, or other security analysis; from
aviation, maritime, and land transportation operators, flight schools,
or other persons sponsoring the individual; and any other persons,
including commercial entities that may have information that is
relevant or necessary to the assessment or investigation. Information
about individuals is also used or collected from domestic and
international intelligence sources and other governmental, private, and
public databases. The sources of information in the criminal history
records obtained from the Federal Bureau of Investigation are set forth
in the Privacy Act system of records notice Department of Justice
Federal Bureau of Investigation--009 Fingerprint Identification Records
System (72 FR 3410, January 1, 2007).
[[Page 28051]]
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted portions of this
system from subsections (c)(3); (d); (e)(1), (e)(4)(G); (H); (I); and
(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) as
reflected in the final rule published on June 25, 2004 in 69 FR 35536.
In addition, to the extent a record contains information from other
exempt systems of records, DHS/TSA will rely on the exemptions claimed
for those systems.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11919 Filed 5-18-10; 8:45 am]
BILLING CODE 4910-62-P