Privacy Act of 1974; Department of Homeland Security Transportation Security Administration-002 Transportation Security Threat Assessment System System of Records, 46862-46866 [2014-18699]
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Notices
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from affected individuals,
organizations, facilities, trusted thirdparty identity service providers (which
may use commercial identity
verification information not accessed or
maintained by DHS to perform
knowledge-based authentication),
public source data, other government
agencies, or information already in other
DHS records systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: July 31, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–18703 Filed 8–8–14; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
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[Docket No. DHS–2014–0038]
Privacy Act of 1974; Department of
Homeland Security Transportation
Security Administration—002
Transportation Security Threat
Assessment System System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice to update an existing
Privacy Act System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
SUMMARY:
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Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/Transportation Security
Administration—002 Transportation
Security Threat Assessment System of
Records.’’ This system of records allows
the Department of Homeland Security/
Transportation Security Administration
to collect and maintain records related
to security threat assessments,
employment investigations, and
evaluations that the 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.
TSA is making modifications to the
‘‘Purposes’’ section of the system of
records to reflect the Department of
Homeland Security’s use of information
to more readily and effectively carry out
the Department of Homeland Security’s
national security, law enforcement,
immigration, and benefits missions.
Also, two categories of records that were
previously listed in the ‘‘Categories of
individuals covered by the system’’
section are being moved to the
‘‘Categories of records’’ section. Finally,
this notice includes non-substantive
changes to simplify the formatting and
text of the previously published notice.
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
September 10, 2014. This updated
system will be effective September 10,
2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0038 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, 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://
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www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Peter
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: Karen
L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
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
current DHS system of records notice
titled, ‘‘DHS/TSA—002 Transportation
Security Threat Assessment System of
Records.’’
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. 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. 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. 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.
TSA is making the following
modifications:
• TSA is updating the Purpose(s)
section to reflect the use of information
by DHS to more readily and effectively
carry out DHS’s national security, law
enforcement, immigration, and benefits
missions.
• TSA is updating the Categories of
Records section to include two
categories of records that were
previously listed in the ‘‘Categories of
individuals covered by the system’’
section. These categories are records
concerning the following individuals: (i)
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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 be included in the TSDB
because they pose a threat to civil
aviation or national security; and
individuals in classified and
unclassified governmental terrorist, law
enforcement, immigration, or
intelligence databases, including
databases maintained by the Department
of Defense, National Counterterrorism
Center, or FBI; and (ii) individuals who
have been or seek to be distinguished
from individuals on a watchlist through
a redress process, or other means. This
update reflects a conclusion that these
categories are more appropriately
categories of records used in this
system, rather than categories of
individuals maintained in this system.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/TSA—002 Transportation
Security Threat Assessment System of
Records may be shared with other DHS
components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, information may be shared
with appropriate federal, state, local,
tribal, territorial, or foreign government
agencies consistent with the routine
uses set forth in this system of records
notice.
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, 69 FR 35536.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which Federal Government agencies
collect, maintain, use, and disseminate
individuals’ records. The Privacy Act
applies to information that is
maintained in a ‘‘system of records.’’ A
‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. The Privacy Act defines
‘‘individual’’ as a United States citizen
or a lawful permanent resident. As a
matter of policy, DHS extends
administrative Privacy Act protections
to all individuals when systems of
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records maintain information on U.S.
citizens, lawful permanent residents,
and visitors. 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
Department of Homeland Security
(DHS)/Transportation Security
Administration (TSA)—002
SYSTEM NAME:
DHS/TSA—002 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 DHS exercises
authority; Sensitive Security
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.
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(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 (TFR) 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.
(m) 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 email).
(d) Government-issued licensing or
identification information (including,
but not limited to, Social Security
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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, 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.
(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.
(v) The individual’s status as a known
or suspected terrorist identified in the
Terrorist Screening Database (TSDB) of
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the Federal Bureau of Investigation’s
(FBI) Terrorist Screening Center (TSC);
an individual identified by DHS/TSA to
the TSDB because he or she poses a
threat to civil aviation or national
security; and an individual in 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.
(w) The individual who has or seeks
to be distinguished from individuals on
a watch list through a redress process,
or other means.
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):
The purposes of this system are:
(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,
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, when appropriate,
for services related to security threat
assessments, employment
investigations, and evaluations
performed for security purposes.
(f) To facilitate the performance of
security threat assessments and other
investigations that DHS/TSA may
conduct.
(g) To enable DHS to carry out DHS’s
national security, law enforcement,
immigration, intelligence, or other
homeland security functions.
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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 outside DHS as a routine use
pursuant to 5 U.S.C. 522a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including offices of U.S. Attorneys, or
other federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation or proceedings and one of
the following is a party to the litigation
or proceedings or has an interest in such
litigation or proceedings:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
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compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, territorial, or foreign
government law enforcement agency, or
other appropriate authority charged
with investigating or prosecuting a
violation or enforcing or implementing
a law, rule, regulation, or order, when
a record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
H. To 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. Issue, maintain, or renew a license,
endorsement, certificate, contract, grant,
or other benefit.
I. To an appropriate federal, state,
local, tribal, territorial, or foreign 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, or foreign agency, when such
agency has requested information
relevant to 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.
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K. To a federal, state, local, tribal,
territorial, or foreign agency, if
necessary to obtain information relevant
to a DHS/TSA decision concerning the
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 foreign governmental and
international 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 when the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
P. To a court, magistrate, or
administrative tribunal when 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, when DHS/TSA
determines that the information would
assist in the enforcement of civil or
criminal laws.
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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 or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
DHS/TSA stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape or
digital media.
RETRIEVABILITY:
DHS/TSA may retrieve records 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:
DHS/TSA safeguards records in this
system 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. DHS/
TSA limits access to the computer
system containing the records in this
system 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, for 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; when an individual was
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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 when
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,
Office of Intelligence & Analysis, TSA–
10, Transportation Security
Administration, 601 South 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. 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,
whose contact information can be found
at https://www.dhs.gov/foia under
‘‘Contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief Freedom of Information Act
Officer, 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
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 by calling 1–
866–431–0486. In addition, you should:
VerDate Mar<15>2010
17:35 Aug 08, 2014
Jkt 232001
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURE:
See ‘‘Notification Procedure’’ above.
CONTESTING RECORD PROCEDURE:
See ‘‘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 (64 FR 52347, September 28,
1999).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(1) and
(k)(2), has exempted this system from
the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
When a record received from another
system has been exempted in that
source system under 5 U.S.C. 552a(j)(2),
DHS will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
which they originated and claims any
additional exemptions set forth here.
Dated: July 28, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–18699 Filed 8–8–14; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2014–0602]
Notice of Review and Update of the
New York/New Jersey Area
Contingency Plan
Coast Guard, DHS.
Notice; Request for comments.
AGENCY:
ACTION:
The Coast Guard Captain of
the Port, New York, as Chair of the New
York/New Jersey Area Committee,
announces the review of the New York/
New Jersey Area Contingency Plan (NY/
NJ ACP) and is seeking public comment
on the NY/NJ ACP. The NY/NJ ACP is
a plan prepared by the New York/New
Jersey Area Committee to define roles,
responsibilities, resources and
procedures necessary to respond to a
myriad of spill response evolutions. The
New York/New Jersey Area Committee
is composed of experienced
environmental/response representatives
from federal, state and local government
agencies with definitive responsibilities
for the area’s environmental integrity.
Other interested stakeholders, such as
industry and environmental groups, also
compose the NY/NJ Area Committee.
The NY/NJ Area Committee is
responsible for developing the NY/NJ
ACP. This notice solicits comments and
suggestions for updating the NY/NJ
ACP.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before October 10, 2014 or reach
the Docket Management Facility by that
date.
ADDRESSES: The current NY/NJ ACP is
the ‘‘Port of NY/NJ ACP 2011 Revision’’
and is available at https://
homeport.uscg.mil/newyork in the
‘‘Safety and Security’’ block on the
lower right of the page. Submit
comments using one of the listed
methods, and see SUPPLEMENTARY
INFORMATION for more information on
public comments.
• Online—https://www.regulations.gov
following Web site instructions.
• Fax—202–493–2251.
SUMMARY:
E:\FR\FM\11AUN1.SGM
11AUN1
Agencies
[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46862-46866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18699]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0038]
Privacy Act of 1974; Department of Homeland Security
Transportation Security Administration--002 Transportation Security
Threat Assessment System System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice to update 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 current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Transportation Security Administration--002 Transportation
Security Threat Assessment System of Records.'' This system of records
allows the Department of Homeland Security/Transportation Security
Administration to collect and maintain records related to security
threat assessments, employment investigations, and evaluations that the
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.
TSA is making modifications to the ``Purposes'' section of the
system of records to reflect the Department of Homeland Security's use
of information to more readily and effectively carry out the Department
of Homeland Security's national security, law enforcement, immigration,
and benefits missions. Also, two categories of records that were
previously listed in the ``Categories of individuals covered by the
system'' section are being moved to the ``Categories of records''
section. Finally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
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 September 10, 2014. This updated
system will be effective September 10, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0038 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Peter 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: Karen L. Neuman,
(202) 343-1717, Chief Privacy Officer, Privacy Office, 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 current DHS
system of records notice titled, ``DHS/TSA--002 Transportation Security
Threat Assessment System of Records.''
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. 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. 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. 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.
TSA is making the following modifications:
TSA is updating the Purpose(s) section to reflect the use
of information by DHS to more readily and effectively carry out DHS's
national security, law enforcement, immigration, and benefits missions.
TSA is updating the Categories of Records section to
include two categories of records that were previously listed in the
``Categories of individuals covered by the system'' section. These
categories are records concerning the following individuals: (i)
[[Page 46863]]
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
be included in the TSDB because they pose a threat to civil aviation or
national security; and individuals in classified and unclassified
governmental terrorist, law enforcement, immigration, or intelligence
databases, including databases maintained by the Department of Defense,
National Counterterrorism Center, or FBI; and (ii) individuals who have
been or seek to be distinguished from individuals on a watchlist
through a redress process, or other means. This update reflects a
conclusion that these categories are more appropriately categories of
records used in this system, rather than categories of individuals
maintained in this system.
Consistent with DHS's information-sharing mission, information
stored in the DHS/TSA--002 Transportation Security Threat Assessment
System of Records may be shared with other DHS components that have a
need to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, information may be shared with appropriate
federal, state, local, tribal, territorial, or foreign government
agencies consistent with the routine uses set forth in this system of
records notice.
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, 69 FR 35536.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which Federal Government agencies
collect, maintain, use, and disseminate individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency from which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
defines ``individual'' as a United States citizen or a lawful permanent
resident. As a matter of policy, DHS extends administrative Privacy Act
protections to all individuals when systems of records maintain
information on U.S. citizens, lawful permanent residents, and visitors.
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
Department of Homeland Security (DHS)/Transportation Security
Administration (TSA)--002
System name:
DHS/TSA--002 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 DHS exercises
authority; Sensitive Security 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 (TFR) 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) 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 email).
(d) Government-issued licensing or identification information
(including, but not limited to, Social Security
[[Page 46864]]
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, 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.
(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.
(v) The individual's status as a known or suspected terrorist
identified in the Terrorist Screening Database (TSDB) of the Federal
Bureau of Investigation's (FBI) Terrorist Screening Center (TSC); an
individual identified by DHS/TSA to the TSDB because he or she poses a
threat to civil aviation or national security; and an individual in
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.
(w) The individual who has or seeks to be distinguished from
individuals on a watch list through a redress process, or other means.
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):
The purposes of this system are:
(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, 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, when appropriate, for services
related to security threat assessments, employment investigations, and
evaluations performed for security purposes.
(f) To facilitate the performance of security threat assessments
and other investigations that DHS/TSA may conduct.
(g) To enable DHS to carry out DHS's national security, law
enforcement, immigration, intelligence, or other homeland security
functions.
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 outside DHS as a
routine use pursuant to 5 U.S.C. 522a(b)(3) as follows:
A. To the Department of Justice (DOJ), including offices of U.S.
Attorneys, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation or proceedings and
one of the following is a party to the litigation or proceedings or has
an interest in such litigation or proceedings:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed
[[Page 46865]]
compromise and prevent, minimize, or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, territorial, or
foreign government law enforcement agency, or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, when a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
H. To 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. Issue, maintain, or renew a license, endorsement, certificate,
contract, grant, or other benefit.
I. To an appropriate federal, state, local, tribal, territorial, or
foreign 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, or foreign
agency, when such agency has requested information relevant to 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, or foreign
agency, if necessary to obtain information relevant to a DHS/TSA
decision concerning the 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 foreign governmental and international 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 when
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
P. To a court, magistrate, or administrative tribunal when 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, when DHS/TSA determines that the information
would assist in the enforcement of 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 or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees or individuals covered by the system, except to the extent it
is determined that release of the specific information in the context
of a particular case would constitute an unwarranted invasion of
personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/TSA stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape or digital media.
Retrievability:
DHS/TSA may retrieve records 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:
DHS/TSA safeguards records in this system 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. DHS/TSA limits access to the computer system containing the
records in this system 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, for 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; when an individual was
[[Page 46866]]
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 when 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, Office of Intelligence &
Analysis, TSA-10, 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,
whose contact information can be found at https://www.dhs.gov/foia under
``Contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, 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 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 by calling 1-866-431-0486. In addition, you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedure:
See ``Notification Procedure'' above.
Contesting record procedure:
See ``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 (64 FR 52347, September 28, 1999).
Exemptions claimed for the system:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(1)
and (k)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f). When a record received from another
system has been exempted in that source system under 5 U.S.C.
552a(j)(2), DHS will claim the same exemptions for those records that
are claimed for the original primary systems of records from which they
originated and claims any additional exemptions set forth here.
Dated: July 28, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-18699 Filed 8-8-14; 8:45 am]
BILLING CODE 4910-62-P