Privacy Act of 1974: Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records, 19988-19990 [2016-07895]
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19988
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
The information contained in this
system of records originates in
connection with customs broker audits
and audits of other persons engaged in
international commerce conducted by
the regulatory audit staffs. The audits
may be supplemented with information
furnished by the Office of the Chief
Counsel or its field offices, Office of
International Trade—Regulations and
Rulings, and the Office of Investigations,
U.S. Immigration and Customs
Enforcement. These audits include
examination of records pertaining to
brokers and importers (including their
clients), and other persons engaged in
international trade activities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
DHS/CBP is not requesting an
exemption with respect to information
maintained in the system as it relates to
data submitted by or on behalf of a
subject of an audit. Information in the
system may be shared pursuant to the
exceptions under the Privacy Act (5
U.S.C. 552a(b)) and the above routine
uses. The Privacy Act requires DHS to
maintain an accounting of the
disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence agency
has sought particular records may affect
ongoing law enforcement activity.
Therefore, pursuant to 5 U.S.C.
552a(k)(2), DHS will claim exemption
from sec. (c)(3) of the Privacy Act of
1974, as amended, as is necessary and
appropriate to protect this information.
Dated: March 22, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–07893 Filed 4–5–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[Docket No. DHS–2016–0024]
Privacy Act of 1974: Department of
Homeland Security/ALL–030 Use of the
Terrorist Screening Database System
of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
SUMMARY:
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17:54 Apr 05, 2016
Jkt 238001
Homeland Security (DHS) proposes to
update and reissue a current
Department-wide system of records
titled, ‘‘Department of Homeland
Security (DHS)/ALL–030 Use of the
Terrorist Screening Database (TSDB)
System of Records,’’ 76 FR 39408, July
6, 2011. This system of records allows
DHS to maintain a synchronized copy of
the Department of Justice’s (DOJ)
Federal Bureau of Investigation’s (FBI)
Terrorist Screening Database (TSDB),
which includes categories of individuals
covered by DOJ/FBI–019, ‘‘Terrorist
Screening Records Center System,’’ 72
FR 77846 (Dec. 14, 2011). DHS
maintains a synchronized copy to
automate and simplify the transmission
of information in the Terrorist Screening
Database to DHS and its Components.
With this updated notice, DHS is
reducing the number of claimed
exemptions, pursuant to a concurrently
published Final Rule elsewhere in the
Federal Register. A detailed description
of the recent changes to the DHS/ALL–
030 Use of the Terrorist Screening
Database (TSDB) System of Records is
published elsewhere in the Federal
Register at 81 FR 3811 (Jan. 22, 2016).
DHS is issuing a new Final Rule
concurrently with this notice. The
existing Final Rule for Privacy Act
exemptions will continue to apply until
the new Final Rule is published. This
updated system will be included in
DHS’s inventory of record systems.
DATES: Submit comments on or before
May 6, 2016. This updated system will
be effective May 6, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0024 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 20528–0655.
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 and privacy issues
please contact: Karen L. Neuman (202–
343–1717), Chief Privacy Officer,
PO 00000
Frm 00038
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Sfmt 4703
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, the Department of Homeland
Security (DHS) proposes to update and
reissue a current Department-wide
system of records titled, ‘‘Department of
Homeland Security (DHS)/ALL–030 Use
of the Terrorist Screening Database
(TSDB) System of Records,’’ 76 FR
39408, July 6, 2011. This system of
records allows DHS to maintain a
synchronized copy of the Department of
Justice’s (DOJ) Federal Bureau of
Investigation’s (FBI) Terrorist Screening
Database (TSDB), which includes
categories of individuals covered by
DOJ/FBI–019, ‘‘Terrorist Screening
Records Center System,’’ 72 FR 77846
(Dec. 14, 2011). DHS maintains a
synchronized copy to automate and
simplify the transmission of information
in the Terrorist Screening Database to
DHS and its Components. With this
updated notice, DHS is reducing the
number of claimed exemptions,
pursuant to a concurrently published
Final Rule elsewhere in the Federal
Register. A detailed description of the
recent changes to the categories of
individuals in the DHS/ALL–030 Use of
the Terrorist Screening Database (TSDB)
System of Records is published
elsewhere in the Federal Register at 81
FR 3811 (Jan. 22, 2016).
DHS is issuing a new Final Rule
concurrently with this notice. The
existing Final Rule for Privacy Act
exemptions, 75 FR 55335 (Dec. 29,
2011) will continue to apply until the
new Final Rule is published. This
updated system will be included in
DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice 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. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
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06APN1
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
ALL–030 Use of the Terrorist Screening
Database (TSDB) 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.
(DHS)/ALL–030
SYSTEM OF RECORDS:
Department of Homeland Security
(DHS)/ALL–030
SYSTEM NAME:
DHS/ALL–030 Use of the Terrorist
Screening Database (TSDB) System of
Records
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at DHS and
Component Headquarters in
Washington, DC and field offices.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
(a) Individuals known or suspected to
be or have been engaged in conduct
constituting, in preparation for, in aid
of, or related to terrorism (‘‘known or
suspected terrorists’’);
(b) Individuals who are foreign
nationals or lawful permanent resident
aliens and who are excludable from the
United States based on their familial
relationship, association, or connection
with a known or suspected terrorist as
described in sec. 212(a)(3)(B) of the
Immigration and Nationality Act of 1952
(‘‘INA exceptions’’);
(c) Individuals who were officially
detained during military operations, but
not as Enemy Prisoners of War, and who
have been identified to pose an actual
or possible threat to national security
(‘‘military detainees’’); and
(d) Individuals known or suspected to
be or have been engaged in conduct
constituting, in aid of, or related to
transnational organized crime, thereby
posing a possible threat to national
security (‘‘transnational organized crime
actors’’).
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
1. Identifying biographic information,
such as name, date of birth, place of
birth, passport or driver’s license
information, and other available
identifying particulars used to compare
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17:54 Apr 05, 2016
the identity of an individual being
screened with a subject in the TSDB;
2. Biometric information, such as
photographs, fingerprints, or iris images,
and associated biographic and
contextual information;
3. References to or information from
other government law enforcement and
intelligence databases, or other relevant
databases that may contain terrorism or
national security information, such as
unique identification numbers used in
other systems;
4. Information collected and compiled
to maintain an audit trail of the activity
of authorized users of WLS information
systems; and
5. System-generated information,
including metadata, archived records
and record histories from WLS.
Jkt 238001
Homeland Security Act of 2002, Pub.
L. 107–296, 116 Stat. 2135; The Tariff
Act of 1930, Pub. L. 71–361, 46 Stat.
741, as amended; The Immigration and
Nationality Act; 49 U.S.C. 114, 5103a,
40113, ch. 49 and 46105; Homeland
Security Presidential Directive/HSPD–6,
‘‘Integration and Use of Screening
Information to Protect Against
Terrorism’’ (Sept. 16, 2003); Homeland
Security Presidential Directive/HSPD–
11, ‘‘Comprehensive Terrorist-Related
Screening Procedures’’ (Aug. 27, 2004);
National Security Presidential Directive/
NSPD–59/Homeland Security
Presidential Directive/HSPD–24,
‘‘Biometrics for Identification and
Screening to Enhance National
Security’’ (June 5, 2008); E.O. 13388,
‘‘Further Strengthening the Sharing of
Terrorism Information to Protect
Americans,’’ 70 FR 62023 (Oct. 25,
2005); Intelligence Reform and
Terrorism Prevention Act of 2004, Pub.
L. 108–458, 118 Stat 3638; National
Security Act of 1947, Pub. L. 235, 61
Stat. 495, as amended; and 28 U.S.C.
533.
PURPOSE(S):
DHS and its Components collect, use,
maintain, and disseminate information
in the DHS Watchlist Service (WLS) to
facilitate DHS mission-related functions,
such as counterterrorism, law
enforcement, border security, and
inspection activities. The TSDB data,
which includes personally identifiable
information (PII), is necessary for DHS
to effectively and efficiently assess the
risk or threat posed by a person for the
conduct of its mission.
The Federal Bureau of Investigation’s
(FBI’s) Terrorist Screening Center (TSC)
provides a near real time, synchronized
version of the TSDB to DHS in order to
improve the timeliness and governance
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
19989
of watchlist data exchanged between the
FBI’s TSC and DHS and its Component
systems that currently use TSDB data.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ)/
FBI/TSC in order to receive
confirmations that the information has
been appropriately transferred and any
other information related to the
reconciliation process so that DHS is
able to maintain a synchronized copy of
the TSDB.
DHS will share information contained
in this system to Components internal to
DHS pursuant to subsec. 552a(b)(1) of
the Privacy Act, and subsequently may
be shared externally outside DHS at the
programmatic level pursuant to routine
uses described in the following
published system of records notices:
(1) DHS/TSA–002 Transportation
Security Threat Assessment System (T–
STAS), 79 FR 46862, Aug. 11, 2014;
(2) DHS/TSA–019 Secure Flight
Records, 80 FR 223, Jan. 5, 2015;
(3) DHS/CBP–011 TECS, 73 FR 77778,
Dec. 19, 2008;
(4) DHS/CBP–006, Customs and
Border Protection Automated Targeting
System, 77 FR 30297, May 22, 2012;
(5) DHS/US–VISIT–004, DHS
Automated Biometric Identification
System (IDENT), 72 FR 31080, June 5,
2007;
(6) DHS/IA–001, Office of Intelligence
and Analysis (I&A) Enterprise Records
System, 73 FR 28128, May 15, 2008;
(7) DHS/ICE–009, ICE External
Investigations, 75 FR 404, Jan. 5, 2010;
and
(8) DHS/USCIS–006 Fraud Detection
and National Security Records, 77 FR
47411, Aug. 8, 2012.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
DHS stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
servers, magnetic disc, tape, digital
media, and CD–ROM.
E:\FR\FM\06APN1.SGM
06APN1
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Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices
RETRIEVABILITY:
DHS may retrieve records by name or
other personal identifier.
SAFEGUARDS:
DHS 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. 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:
The WLS maintains a near real-time
feed of the TSDB, and does not retain
historical copies of the TSDB. The WLS
is synchronized with the TSDB. When
the FBI/TSC adds, modifies, or deletes
data from TSDB, WLS duplicates these
functions almost simultaneously, and
that information is then passed to DHS
and its authorized Component systems.
DHS does not manipulate the data
within TSDB feed received by WLS. The
authorized DHS Component that is
screening individuals will maintain,
separate from WLS, a record of a match
or possible match with TSDB and DHS
will retain this information in
accordance with the DHS Component
specific SORNs identified in this notice.
SYSTEM MANAGER AND ADDRESS:
Executive Director, Passenger Systems
Program Directorate, Office of
Information and Technology, U.S.
Customs and Border Protection, 7400
Fullerton Rd, Springfield, VA 22153.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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 and its Components will consider
individual requests to determine
whether or not information may be
released. Thus, individuals seeking
notification of and access to any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the
Headquarters or component Freedom of
Information Act (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
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17:54 Apr 05, 2016
Jkt 238001
request to the Chief Privacy Officer and
Chief FOIA 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
FOIA Officer at https://www.dhs.gov/foia
or 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; 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 or 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.
In addition, if individuals are
uncertain what agency handles the
information, they may seek redress
through the DHS Traveler Inquiry
Redress Program (DHS TRIP), 72 FR
2294, Jan. 18, 2007. Individuals who
believe they have been improperly
denied entry, refused boarding for
transportation, or identified for
additional screening by DHS may
submit a redress request through DHS
TRIP. The DHS TRIP is a single point of
contact for individuals who have
inquiries or seek resolution regarding
difficulties they experienced during
their travel screening at transportation
hubs such as airports and train stations
or crossing U.S. borders. Redress
requests should be sent to: DHS Traveler
Redress Inquiry Program, 601 South
12th Street, TSA–901, Arlington, VA
PO 00000
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Fmt 4703
Sfmt 4703
20598 or online at https://www.dhs.gov/
trip and at https://www.dhs.gov.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are received from the FBI’s
Terrorist Screening Center, specifically
records covered by DOJ/FBI–019,
‘‘Terrorist Screening Records Center
System,’’ 72 FR 77846 (Dec. 14, 2011).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in 5
U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(5), (e)(8); and (g)
pursuant to 5 U.S.C. 552a(j)(2).
Dated: March 22, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–07895 Filed 4–5–16; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FW–HQ–LE–2016–N069; FF09L00200–FX–
LE18110900000]
Proposed Information Collection;
Captive Wildlife Safety Act
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. This
IC is scheduled to expire on August 31,
2016. We may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: To ensure that we are able to
consider your comments on this IC, we
must receive them by June 6, 2016.
ADDRESSES: Send your comments on the
IC to the Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS BPHC, 5275
SUMMARY:
E:\FR\FM\06APN1.SGM
06APN1
Agencies
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Notices]
[Pages 19988-19990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07895]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2016-0024]
Privacy Act of 1974: Department of Homeland Security/ALL-030 Use
of the Terrorist Screening Database System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to update and reissue a current
Department-wide system of records titled, ``Department of Homeland
Security (DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB)
System of Records,'' 76 FR 39408, July 6, 2011. This system of records
allows DHS to maintain a synchronized copy of the Department of
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist
Screening Database (TSDB), which includes categories of individuals
covered by DOJ/FBI-019, ``Terrorist Screening Records Center System,''
72 FR 77846 (Dec. 14, 2011). DHS maintains a synchronized copy to
automate and simplify the transmission of information in the Terrorist
Screening Database to DHS and its Components. With this updated notice,
DHS is reducing the number of claimed exemptions, pursuant to a
concurrently published Final Rule elsewhere in the Federal Register. A
detailed description of the recent changes to the DHS/ALL-030 Use of
the Terrorist Screening Database (TSDB) System of Records is published
elsewhere in the Federal Register at 81 FR 3811 (Jan. 22, 2016).
DHS is issuing a new Final Rule concurrently with this notice. The
existing Final Rule for Privacy Act exemptions will continue to apply
until the new Final Rule is published. This updated system will be
included in DHS's inventory of record systems.
DATES: Submit comments on or before May 6, 2016. This updated system
will be effective May 6, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0024 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 20528-0655.
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 and 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, the Department of
Homeland Security (DHS) proposes to update and reissue a current
Department-wide system of records titled, ``Department of Homeland
Security (DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB)
System of Records,'' 76 FR 39408, July 6, 2011. This system of records
allows DHS to maintain a synchronized copy of the Department of
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist
Screening Database (TSDB), which includes categories of individuals
covered by DOJ/FBI-019, ``Terrorist Screening Records Center System,''
72 FR 77846 (Dec. 14, 2011). DHS maintains a synchronized copy to
automate and simplify the transmission of information in the Terrorist
Screening Database to DHS and its Components. With this updated notice,
DHS is reducing the number of claimed exemptions, pursuant to a
concurrently published Final Rule elsewhere in the Federal Register. A
detailed description of the recent changes to the categories of
individuals in the DHS/ALL-030 Use of the Terrorist Screening Database
(TSDB) System of Records is published elsewhere in the Federal Register
at 81 FR 3811 (Jan. 22, 2016).
DHS is issuing a new Final Rule concurrently with this notice. The
existing Final Rule for Privacy Act exemptions, 75 FR 55335 (Dec. 29,
2011) will continue to apply until the new Final Rule is published.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice 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. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information
[[Page 19989]]
on U.S. citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/ALL-030 Use of the Terrorist
Screening Database (TSDB) 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.
(DHS)/ALL-030
System of Records:
Department of Homeland Security (DHS)/ALL-030
System name:
DHS/ALL-030 Use of the Terrorist Screening Database (TSDB) System
of Records
Security classification:
Unclassified.
System location:
Records are maintained at DHS and Component Headquarters in
Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
(a) Individuals known or suspected to be or have been engaged in
conduct constituting, in preparation for, in aid of, or related to
terrorism (``known or suspected terrorists'');
(b) Individuals who are foreign nationals or lawful permanent
resident aliens and who are excludable from the United States based on
their familial relationship, association, or connection with a known or
suspected terrorist as described in sec. 212(a)(3)(B) of the
Immigration and Nationality Act of 1952 (``INA exceptions'');
(c) Individuals who were officially detained during military
operations, but not as Enemy Prisoners of War, and who have been
identified to pose an actual or possible threat to national security
(``military detainees''); and
(d) Individuals known or suspected to be or have been engaged in
conduct constituting, in aid of, or related to transnational organized
crime, thereby posing a possible threat to national security
(``transnational organized crime actors'').
Categories of records in the system:
Categories of records in this system include:
1. Identifying biographic information, such as name, date of birth,
place of birth, passport or driver's license information, and other
available identifying particulars used to compare the identity of an
individual being screened with a subject in the TSDB;
2. Biometric information, such as photographs, fingerprints, or
iris images, and associated biographic and contextual information;
3. References to or information from other government law
enforcement and intelligence databases, or other relevant databases
that may contain terrorism or national security information, such as
unique identification numbers used in other systems;
4. Information collected and compiled to maintain an audit trail of
the activity of authorized users of WLS information systems; and
5. System-generated information, including metadata, archived
records and record histories from WLS.
Authority for maintenance of the system:
Homeland Security Act of 2002, Pub. L. 107-296, 116 Stat. 2135; The
Tariff Act of 1930, Pub. L. 71-361, 46 Stat. 741, as amended; The
Immigration and Nationality Act; 49 U.S.C. 114, 5103a, 40113, ch. 49
and 46105; Homeland Security Presidential Directive/HSPD-6,
``Integration and Use of Screening Information to Protect Against
Terrorism'' (Sept. 16, 2003); Homeland Security Presidential Directive/
HSPD-11, ``Comprehensive Terrorist-Related Screening Procedures'' (Aug.
27, 2004); National Security Presidential Directive/NSPD-59/Homeland
Security Presidential Directive/HSPD-24, ``Biometrics for
Identification and Screening to Enhance National Security'' (June 5,
2008); E.O. 13388, ``Further Strengthening the Sharing of Terrorism
Information to Protect Americans,'' 70 FR 62023 (Oct. 25, 2005);
Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-
458, 118 Stat 3638; National Security Act of 1947, Pub. L. 235, 61
Stat. 495, as amended; and 28 U.S.C. 533.
Purpose(s):
DHS and its Components collect, use, maintain, and disseminate
information in the DHS Watchlist Service (WLS) to facilitate DHS
mission-related functions, such as counterterrorism, law enforcement,
border security, and inspection activities. The TSDB data, which
includes personally identifiable information (PII), is necessary for
DHS to effectively and efficiently assess the risk or threat posed by a
person for the conduct of its mission.
The Federal Bureau of Investigation's (FBI's) Terrorist Screening
Center (TSC) provides a near real time, synchronized version of the
TSDB to DHS in order to improve the timeliness and governance of
watchlist data exchanged between the FBI's TSC and DHS and its
Component systems that currently use TSDB data.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ)/FBI/TSC in order to receive
confirmations that the information has been appropriately transferred
and any other information related to the reconciliation process so that
DHS is able to maintain a synchronized copy of the TSDB.
DHS will share information contained in this system to Components
internal to DHS pursuant to subsec. 552a(b)(1) of the Privacy Act, and
subsequently may be shared externally outside DHS at the programmatic
level pursuant to routine uses described in the following published
system of records notices:
(1) DHS/TSA-002 Transportation Security Threat Assessment System
(T-STAS), 79 FR 46862, Aug. 11, 2014;
(2) DHS/TSA-019 Secure Flight Records, 80 FR 223, Jan. 5, 2015;
(3) DHS/CBP-011 TECS, 73 FR 77778, Dec. 19, 2008;
(4) DHS/CBP-006, Customs and Border Protection Automated Targeting
System, 77 FR 30297, May 22, 2012;
(5) DHS/US-VISIT-004, DHS Automated Biometric Identification System
(IDENT), 72 FR 31080, June 5, 2007;
(6) DHS/IA-001, Office of Intelligence and Analysis (I&A)
Enterprise Records System, 73 FR 28128, May 15, 2008;
(7) DHS/ICE-009, ICE External Investigations, 75 FR 404, Jan. 5,
2010; and
(8) DHS/USCIS-006 Fraud Detection and National Security Records, 77
FR 47411, Aug. 8, 2012.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on servers, magnetic disc, tape, digital media, and CD-ROM.
[[Page 19990]]
Retrievability:
DHS may retrieve records by name or other personal identifier.
Safeguards:
DHS 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.
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:
The WLS maintains a near real-time feed of the TSDB, and does not
retain historical copies of the TSDB. The WLS is synchronized with the
TSDB. When the FBI/TSC adds, modifies, or deletes data from TSDB, WLS
duplicates these functions almost simultaneously, and that information
is then passed to DHS and its authorized Component systems. DHS does
not manipulate the data within TSDB feed received by WLS. The
authorized DHS Component that is screening individuals will maintain,
separate from WLS, a record of a match or possible match with TSDB and
DHS will retain this information in accordance with the DHS Component
specific SORNs identified in this notice.
System Manager and address:
Executive Director, Passenger Systems Program Directorate, Office
of Information and Technology, U.S. Customs and Border Protection, 7400
Fullerton Rd, Springfield, VA 22153.
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 and its Components
will consider individual requests to determine whether or not
information may be released. Thus, individuals seeking notification of
and access to any record contained in this system of records, or
seeking to contest its content, may submit a request in writing to the
Headquarters or component Freedom of Information Act (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 FOIA 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 FOIA Officer at https://www.dhs.gov/foia or 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; 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 or 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.
In addition, if individuals are uncertain what agency handles the
information, they may seek redress through the DHS Traveler Inquiry
Redress Program (DHS TRIP), 72 FR 2294, Jan. 18, 2007. Individuals who
believe they have been improperly denied entry, refused boarding for
transportation, or identified for additional screening by DHS may
submit a redress request through DHS TRIP. The DHS TRIP is a single
point of contact for individuals who have inquiries or seek resolution
regarding difficulties they experienced during their travel screening
at transportation hubs such as airports and train stations or crossing
U.S. borders. Redress requests should be sent to: DHS Traveler Redress
Inquiry Program, 601 South 12th Street, TSA-901, Arlington, VA 20598 or
online at https://www.dhs.gov/trip and at https://www.dhs.gov.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are received from the FBI's Terrorist Screening Center,
specifically records covered by DOJ/FBI-019, ``Terrorist Screening
Records Center System,'' 72 FR 77846 (Dec. 14, 2011).
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act, subject to the limitations
set forth in 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2),
(e)(3), (e)(5), (e)(8); and (g) pursuant to 5 U.S.C. 552a(j)(2).
Dated: March 22, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-07895 Filed 4-5-16; 8:45 am]
BILLING CODE 9110-9B-P