Privacy Act of 1974; System of Records, 43888-43892 [2018-18558]
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices
Subcommittee (SMWGESDM),
Technology Scouting Partnerships
Subcommittee, and the
Commercialization Subcommittee.
There will be a discussion on new
topics for the Social Media Working
Group for Emergency Services and
Disaster Management Subcommittee
including future technology shifts and
trends in using social media to support
disaster management. The final session
of the day will be on updates to the
whitepapers from the Quadrennial
Homeland Security Review
Subcommittee along with discussions
on technology trends and innovations
that impact S&T and DHS mission
space.
At the end of the open session, there
will be a thirty minute period for oral
statements. The public is limited to 2
minutes per speaker. Please note that
the comments period may end before
the time indicated, following the last
call for oral statements.
Meeting materials and the final
meeting agenda will be posted on the
following website by September 4, 2018:
https://www.dhs.gov/science-andtechnology/hsstac.
Dated: August 15, 2018.
Michel Kareis,
Designated Federal Official for the HSSTAC.
[FR Doc. 2018–18559 Filed 8–27–18; 8:45 am]
BILLING CODE 9110–9F–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2018–0017]
Privacy Act of 1974; System of
Records
Department of Homeland
Security, Transportation Security
Administration.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/
Transportation Security Administration001 Transportation Security
Enforcement Record System System of
Records.’’ This system of records allows
DHS/Transportation Security
Administration (TSA) to collect and
maintain records related to the TSA’s
screening of passengers and property, as
well as records related to the
investigation or enforcement of
transportation security laws,
regulations, directives, or Federal, State,
local, or international law. For example,
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SUMMARY:
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records relating to an investigation of a
security incident that occurred during
passenger or property screening would
be covered by this system. DHS is
updating this system of records notice to
cover records relating to the TSA Insider
Threat program, modify the category of
individuals and category of records,
reflect an approved records retention
schedule for records covered by this
system, and modify two existing routine
uses. Additionally, this notice includes
non-substantive changes to simplify the
formatting and text of the previously
published notice. The existing Privacy
Act exemptions for this system of
records will continue to apply.
This modified system will be
included in DHS’s inventory of record
systems.
DATES: Submit comments on or before
September 27, 2018. This modified
system will be effective upon
publication. New or modified routine
uses for this modified system of records
will be effective September 27, 2018.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2018–0017 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: Philip S. Kaplan, 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 DHS–2018–0017. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Peter
Pietra, TSAPrivacy@tsa.dhs.gov, Privacy
Officer, Transportation Security
Administration, 701 South 12th Street,
Arlington, VA 20598–6036. For privacy
questions, please contact: Philip S.
Kaplan, Privacy@hq.dhs.gov, (202) 343–
1717, Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, DHS/TSA proposes
to modify and reissue a current DHS
system of records notice (SORN) titled,
‘‘DHS/TSA–001 Transportation Security
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Enforcement Record System System of
Records.’’
This modification more clearly
identifies that this SORN contains
records relating to the TSA Insider
Threat program. In furtherance of TSA’s
responsibility for security in all modes
of transportation and to ensure the
adequacy of security measures at
airports and other transportation
facilities pursuant to its establishing
legislation, the Aviation and
Transportation Security Act (ATSA),
Public Law 107–71, 49 U.S.C. 114(d)
and (f), provides authority for TSA to
establish its Insider Threat program in
order to deter, detect, and mitigate
insider threats to TSA’s personnel,
operations, information, critical
infrastructure, and transportation
sectors subject to TSA authorities. For
purposes of this TSA system of records,
‘‘insider threats’’ are, or present
themselves to be, current or former
transportation sector workers (including
both TSA and private sector personnel)
and individuals employed or otherwise
engaged in providing services requiring
authorized access to transportation
facilities, assets, or infrastructure who
intend to cause harm to the
transportation domain.
This system of records is being
modified to: Cover records relating to
the TSA’s Insider Threat program;
include a new category of individuals
and category of records; reflect an
approved records retention schedules
for records covered by this system; and
change existing routine uses. The
category of individuals covered under
this SORN will be modified to reflect
that the system may contain information
on both current and former owners,
operators, and employees in all modes
of transportation for which DHS/TSA
has security-related duties; and will also
cover individuals who have access to
Sensitive Security Information (SSI) and
are ‘‘covered persons’’ under the
Sensitive Security Information
regulation, 49 CFR part 1520.7. The
category of records in this SORN will be
modified to include place of birth;
Government-issued identification;
citizenship; results of any law
enforcement, criminal history record, or
open source checks; employment
information and work history; and
security and access clearances and
background investigation information.
This SORN also reflects that the
applicable records retention schedules
are approved by the National Archives
and Records Administration (NARA).
This SORN modifies routine uses ‘‘E’’
and ‘‘F’’ to be in conformity with Office
of Management and Budget
Memorandum M–17–12. This SORN
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also combines two previous routines
uses into one routine use ‘‘K’’ regarding
the sharing of information relevant and
necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual or issuance of
a credential or clearance. Additionally,
this notice includes non-substantive
changes to simplify the formatting and
text of the previously published notice.
Consistent with DHS’s information
sharing mission, information covered by
DHS/TSA–001 Transportation Security
Enforcement Record System 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, TSA may share information
with appropriate Federal, State, local,
tribal, territorial, foreign, or
international government agencies
consistent with any applicable laws,
rules, regulations, and information
sharing and access agreements or
arrangements, and as permitted
pursuant to an applicable Privacy Act
authorized disclosure, including routine
uses set forth in this system of records
notice.
As stated above, this modified system
of records will rely on an existing rule
for exempting TSA from certain
provisions of the Privacy Act pursuant
to 5 U.S.C. secs. 552a(j)(2), (k)(1), and
(k)(2). These exemptions are reflected in
the final rule published on August 4,
2006, in 71 FR 44223. This modified
system will be included in DHS’s
inventory of record systems.
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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. Additionally, the Judicial
Redress Act (JRA) provides covered
persons with a statutory right to make
requests for access and amendment to
covered records, as defined by the JRA,
along with judicial review for denials of
such requests. In addition, the JRA
prohibits disclosures of covered records,
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except as otherwise permitted by the
Privacy Act.
Below is the description of the DHS/
TSA–001 Transportation Security
Enforcement Record 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 NAME AND NUMBER
Department of Homeland Security
(DHS) Transportation Security
Administration (TSA)-001
Transportation Security Enforcement
Record System System of Records.
SECURITY CLASSIFICATION:
Classified, sensitive.
SYSTEM LOCATION:
Records are maintained at the TSA
Headquarters offices, 601 South 12th
Street, Arlington, Virginia, 20598 and at
various TSA field offices.
SYSTEM MANAGER(S):
Information Systems Program
Manager, IT_System_owner@
tsa.dhs.gov, Office of Information
Technology, TSA Headquarters, TSA–
11, 601 South 12th Street, Arlington, VA
20598.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114(d), 44901, 44903,
44916, 46101, and 46301.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
maintain an enforcement and
inspections system for all modes of
transportation for which TSA has
security-related duties and to maintain
records related to the investigation or
prosecution of violations or potential
violations of Federal, State, local, or
international criminal law. They may be
used, generally, to identify, review,
analyze, investigate, and prosecute
violations or potential violations of
transportation security laws,
regulations, and directives or other laws
as well as to identify and address
potential threats to transportation
security. They may also be used to
record the details of TSA securityrelated activity, such as passenger or
property screening.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former owners, operators,
and employees, including TSA
personnel, in all modes of
transportation for which DHS/TSA has
security-related duties; individuals
reported or investigated as insider threat
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risks (that is, individuals who are, or
present themselves to be, current or
former transportation sector workers
(including both TSA and private sector
personnel) and individuals employed or
otherwise engaged in providing services
requiring authorized access to
transportation facilities, assets, or
infrastructure who intend to cause harm
to the transportation domain);
individuals who have access to SSI and
are ‘‘covered persons’’ under the
Sensitive Security Information
regulation, 49 CFR part 1520; witnesses
and other third parties who provide
information; individuals undergoing
screening of their person (including
identity verification) or property;
individuals against whom investigative,
administrative, or civil or criminal
enforcement action has been initiated
for violation of certain TSA regulations
or security directives, relevant
provisions of 49 U.S.C. 449, or other
laws; and individuals who
communicate security incidents,
potential security incidents, or
otherwise suspicious activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information related to the screening of
property and the security screening and
identity verification of individuals,
including identification media and
identifying information such as:
• Individual’s name;
• Address;
• Date and place of birth;
• Gender;
• Contact information (e.g., email
addresses, phone numbers);
• Social Security number;
• Government-issued identification
(e.g., Passport information, Driver’s
License number, Alien Registration
number);
• Citizenship;
• Fingerprints or other biometric
identifiers;
• Physical description, photographs
or video;
• Travel information or boarding
passes;
• Results of any law enforcement,
criminal history record, intelligence,
immigration, public records or open
source checks;
• Military status (branch, traveling on
orders);
• Employment information and work
history;
• Security and access clearances and
background investigations information.
• TSA Information technology
network activity information; and
• Information from other agencies
(e.g., FBI, Financial Crimes Enforcement
Network (FinCEN)).
Additionally, information related to
the investigation or prosecution of any
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alleged violation; place of violation;
Enforcement Investigative Reports (EIR);
security incident reports, screening
reports, suspicious-activity reports, and
other incident or investigative reports;
statements of alleged violators,
witnesses, and other third parties who
provide information; proposed penalty;
investigators’ analyses and work papers;
enforcement actions taken; findings;
documentation of physical evidence;
correspondence of TSA employees and
others in enforcement cases; pleadings
and other court filings; legal opinions
and attorney work papers; and
information obtained from various law
enforcement or prosecuting authorities
relating to the enforcement of laws or
regulations.
RECORD SOURCE CATEGORIES:
Records are obtained from the alleged
violator, TSA employees or contractors,
witnesses to the alleged violation or
events surrounding the alleged
violation, other third parties who
provided information regarding the
alleged violation, State and local
agencies, and other Federal agencies.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the 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 and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee 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.
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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 there has been a
breach of this system of records; and (2)
DHS has determined that as a result of
the suspected or confirmed breach,
there is a risk of harm to individuals,
harm to DHS (including its information
systems, programs, and operations), the
Federal Government, or national
security; 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
breach or to prevent, minimize, or
remedy such harm.
F. To another Federal agency or
Federal entity when DHS determines
that information from this system of
records is reasonably necessary to assist
another Federal recipient agency or
entity in (1) responding to a suspected
or confirmed breach or (2) preventing,
minimizing, or remedying the risk of
harm to individuals, the recipient
agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
G. 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.
H. To an appropriate Federal, State,
tribal, local, international, or foreign 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.
I. To the United States Department of
Transportation, its operating
administrations, or the appropriate State
or local agency, when relevant or
necessary to:
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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,
certificate, contract, grant, or other
benefit.
J. To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency, regarding
individuals who pose, or are suspected
of posing, a risk to transportation or
national security.
K. To federal, state, local, tribal,
territorial, foreign, or international
agencies, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or the
issuance, grant, renewal, suspension, or
revocation of a security clearance,
license, contract, grant, or other benefit;
or to the extent necessary to obtain
information relevant and necessary to a
DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit.
L. To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
M. To third parties during the course
of an investigation into any matter
before DHS/TSA to the extent necessary
to obtain information pertinent to the
investigation.
N. To airport operators, aircraft
operators, and 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, or the issuance of such
credentials or clearances.
O. To any agency or instrumentality
charged under applicable law with the
protection of the public health or safety
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under circumstances in which the
public health or safety is at risk.
P. With respect to members of the
armed forces who may have violated
transportation security or safety
requirements and laws, to disclose the
individual’s identifying information and
details of their travel on the date of the
incident in question to the appropriate
branch of the armed forces to the extent
necessary to determine whether the
individual was performing official
duties at the time of the incident.
Members of the armed forces include
active duty and reserve members, and
members of the National Guard. This
routine use is intended to permit TSA
to determine whether the potential
violation must be referred to the
appropriate branch of the armed forces
for action pursuant to 49 U.S.C.
46301(h).
Q. To the DOJ, U.S. Attorney’s Office,
or other Federal agencies for further
collection action on any delinquent debt
when circumstances warrant.
R. To a debt collection agency for the
purpose of debt collection.
S. To airport operators, aircraft
operators, air carriers, maritime, and
surface transportation operators,
indirect air carriers, or other facility
operators when appropriate to address a
threat or potential threat to
transportation security or national
security, or when required for
administrative purposes related to the
effective and efficient administration of
transportation security laws.
T. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a Federal, State, or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
U. 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.
V. To the public, on the TSA website
at www.tsa.gov, final agency and
Administrative Law Judge decisions in
criminal enforcement and other
administrative matters, except that
personal information about individuals
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will be deleted if release of that
information would constitute an
unwarranted invasion of privacy,
including but not limited to medical
information.
W. 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, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
X. 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 a civil or
criminal law.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
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, and
digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
DHS/TSA retrieves records by name,
address, Social Security number,
administrative action or legal
enforcement numbers, or other assigned
identifier of the individual on whom the
records are maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Retention and disposal varies
depending on the type of record.
Passenger, baggage, and cargo screening
incident reports that are not referred for
investigation are maintained for three
years from the end of the fiscal year in
which they were created, in accordance
with NARA authority, N1–560–12–002.
Security incident reports are cut off at
the end of involvement and destroyed
four years after cut-off (N1–560–03–6).
Items that are referred for investigation
within TSA or to an outside agency are
destroyed 25 years after the case is
closed (N1–560–03–6). Insider Threat
information and inquiry records are
destroyed no sooner than five years after
an inquiry is opened and 25 years after
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a case is closed, in accordance with
NARA authority DAA–GRS–2017–0006.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/TSA safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. TSA has imposed strict
controls 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and the
Judicial Redress Act if applicable,
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
access to and notification of any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the Chief
Privacy Officer and the TSA Freedom of
Information Act (FOIA) Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘Contacts Information.’’ 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,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide a right of access,
certain records about you may be
available under FOIA.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify your identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
his/her request, and the individual’s
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, an individual may obtain
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forms for this purpose from the Chief
Privacy Officer and Chief FOIA Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, the individual
should:
• Explain why he or she believes the
Department would have information on
him/her;
• Identify which component(s) of the
Department the individual believes may
have the information about him/her;
• Specify when the individual
believes 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 an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from the second
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 the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy
Act or covered JRA records, individuals
may make a request for amendment or
correction of a record of the Department
about the individual by writing directly
to the Department component that
maintains the record, unless the record
is not subject to amendment or
correction. The request should identify
each particular record in question, state
the amendment or correction desired,
and state why the individual believes
that the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should
state that and be addressed to each
component that maintains a system of
records containing the record.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures.’’
daltland on DSKBBV9HB2PROD with NOTICES
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted portions of this system from
the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(3), (e)(4)(G), (H), and (I); and (f).
Portions of the system pertaining to
investigations or prosecutions of
violations of criminal law are exempt
under 5 U.S.C. 552a(j)(2). Further, the
Secretary of Homeland Security,
VerDate Sep<11>2014
20:00 Aug 27, 2018
Jkt 244001
pursuant to 5 U.S.C. 552a(k)(1) and
(k)(2), has exempted portions of this
system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (H), and (I); and (f).
HISTORY:
78 FR 73868 (Dec. 9, 2013); 75 FR
28042 (May 19, 2010); 71 FR 44223
(Aug. 4, 2006).
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2018–18558 Filed 8–27–18; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900 253G; OMB Control
Number 1076–0184]
Agency information collection
Activities; Bureau of Indian Affairs
Housing Improvement Program
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) is
proposing to renew an information
collection.
SUMMARY:
Interested persons are invited to
submit comments on or before October
29, 2018.
ADDRESSES: Send your comments on the
information collection request (ICR) by
mail to Mr. Les Jensen, Bureau of Indian
Affairs, 1849 C Street NW, Mail Stop
4660, Washington, DC 20240; or by
email to Leslie.Jensen@bia.gov. Please
reference OMB Control Number 1076–
0184 in the subject line of your
comments.
DATES:
To
request additional information about
this ICR, contact Mr. Les Jensen by
email at Leslie.Jensen@bia.gov, or by
telephone: (907) 586–7397.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
collection requirements and provide the
requested data in the desired format.
We are soliciting comments on the
proposed ICR that is described below.
We are especially interested in public
comment addressing the following
issues: (1) Is the collection necessary to
the proper functions of the BIA (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
BIA enhance the quality, utility, and
clarity of the information to be
collected; and (5) how might the BIA
minimize the burden of this collection
on the respondents, including through
the use of information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Submission of this
information allows BIA to determine
applicant eligibility for housing services
based upon the criteria referenced in 25
CFR 256.9 (repairs and renovation
assistance) and 256.10 (replacement
housing assistance). Enrolled members
of federally recognized tribes, who live
within a tribe’s designated and
approved service area, submit
information on an application form. The
information is collected on a BIA Form
6407, ‘‘Housing Assistance
Application,’’ and includes:
A. Applicant Information including:
Name, current address, telephone
number, date of birth, social security
number, tribe, roll number, reservation,
marital status, name of spouse, date of
birth of spouse, tribe of spouse, and roll
number of spouse.
B. Family Information including:
Name, date of birth, relationship to
applicant, and tribe/roll number.
C. Income Information: Earned and
unearned income.
D. Housing Information including:
Location of the house to be repaired,
constructed, or purchased; description
of housing assistance for which
applying; knowledge of receipt of prior
Housing Improvement Program
assistance, amount to whom and when;
ownership or rental; availability of
electricity and name of electric
E:\FR\FM\28AUN1.SGM
28AUN1
Agencies
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43888-43892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18558]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2018-0017]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security, Transportation Security
Administration.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``DHS/Transportation Security Administration-
001 Transportation Security Enforcement Record System System of
Records.'' This system of records allows DHS/Transportation Security
Administration (TSA) to collect and maintain records related to the
TSA's screening of passengers and property, as well as records related
to the investigation or enforcement of transportation security laws,
regulations, directives, or Federal, State, local, or international
law. For example, records relating to an investigation of a security
incident that occurred during passenger or property screening would be
covered by this system. DHS is updating this system of records notice
to cover records relating to the TSA Insider Threat program, modify the
category of individuals and category of records, reflect an approved
records retention schedule for records covered by this system, and
modify two existing routine uses. Additionally, this notice includes
non-substantive changes to simplify the formatting and text of the
previously published notice. The existing Privacy Act exemptions for
this system of records will continue to apply.
This modified system will be included in DHS's inventory of record
systems.
DATES: Submit comments on or before September 27, 2018. This modified
system will be effective upon publication. New or modified routine uses
for this modified system of records will be effective September 27,
2018.
ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0017 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: Philip S. Kaplan, 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 DHS-2018-0017. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Peter Pietra, [email protected], Privacy Officer, Transportation
Security Administration, 701 South 12th Street, Arlington, VA 20598-
6036. For privacy questions, please contact: Philip S. Kaplan,
[email protected], (202) 343-1717, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/TSA
proposes to modify and reissue a current DHS system of records notice
(SORN) titled, ``DHS/TSA-001 Transportation Security Enforcement Record
System System of Records.''
This modification more clearly identifies that this SORN contains
records relating to the TSA Insider Threat program. In furtherance of
TSA's responsibility for security in all modes of transportation and to
ensure the adequacy of security measures at airports and other
transportation facilities pursuant to its establishing legislation, the
Aviation and Transportation Security Act (ATSA), Public Law 107-71, 49
U.S.C. 114(d) and (f), provides authority for TSA to establish its
Insider Threat program in order to deter, detect, and mitigate insider
threats to TSA's personnel, operations, information, critical
infrastructure, and transportation sectors subject to TSA authorities.
For purposes of this TSA system of records, ``insider threats'' are, or
present themselves to be, current or former transportation sector
workers (including both TSA and private sector personnel) and
individuals employed or otherwise engaged in providing services
requiring authorized access to transportation facilities, assets, or
infrastructure who intend to cause harm to the transportation domain.
This system of records is being modified to: Cover records relating
to the TSA's Insider Threat program; include a new category of
individuals and category of records; reflect an approved records
retention schedules for records covered by this system; and change
existing routine uses. The category of individuals covered under this
SORN will be modified to reflect that the system may contain
information on both current and former owners, operators, and employees
in all modes of transportation for which DHS/TSA has security-related
duties; and will also cover individuals who have access to Sensitive
Security Information (SSI) and are ``covered persons'' under the
Sensitive Security Information regulation, 49 CFR part 1520.7. The
category of records in this SORN will be modified to include place of
birth; Government-issued identification; citizenship; results of any
law enforcement, criminal history record, or open source checks;
employment information and work history; and security and access
clearances and background investigation information. This SORN also
reflects that the applicable records retention schedules are approved
by the National Archives and Records Administration (NARA). This SORN
modifies routine uses ``E'' and ``F'' to be in conformity with Office
of Management and Budget Memorandum M-17-12. This SORN
[[Page 43889]]
also combines two previous routines uses into one routine use ``K''
regarding the sharing of information relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual or issuance of a credential or clearance. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice.
Consistent with DHS's information sharing mission, information
covered by DHS/TSA-001 Transportation Security Enforcement Record
System 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, TSA may share information with appropriate Federal, State,
local, tribal, territorial, foreign, or international government
agencies consistent with any applicable laws, rules, regulations, and
information sharing and access agreements or arrangements, and as
permitted pursuant to an applicable Privacy Act authorized disclosure,
including routine uses set forth in this system of records notice.
As stated above, this modified system of records will rely on an
existing rule for exempting TSA from certain provisions of the Privacy
Act pursuant to 5 U.S.C. secs. 552a(j)(2), (k)(1), and (k)(2). These
exemptions are reflected in the final rule published on August 4, 2006,
in 71 FR 44223. This modified 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. Additionally, the Judicial Redress Act (JRA)
provides covered persons with a statutory right to make requests for
access and amendment to covered records, as defined by the JRA, along
with judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.
Below is the description of the DHS/TSA-001 Transportation Security
Enforcement Record 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 NAME AND NUMBER
Department of Homeland Security (DHS) Transportation Security
Administration (TSA)-001 Transportation Security Enforcement Record
System System of Records.
SECURITY CLASSIFICATION:
Classified, sensitive.
SYSTEM LOCATION:
Records are maintained at the TSA Headquarters offices, 601 South
12th Street, Arlington, Virginia, 20598 and at various TSA field
offices.
SYSTEM MANAGER(S):
Information Systems Program Manager, [email protected],
Office of Information Technology, TSA Headquarters, TSA-11, 601 South
12th Street, Arlington, VA 20598.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114(d), 44901, 44903, 44916, 46101, and 46301.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain an enforcement and
inspections system for all modes of transportation for which TSA has
security-related duties and to maintain records related to the
investigation or prosecution of violations or potential violations of
Federal, State, local, or international criminal law. They may be used,
generally, to identify, review, analyze, investigate, and prosecute
violations or potential violations of transportation security laws,
regulations, and directives or other laws as well as to identify and
address potential threats to transportation security. They may also be
used to record the details of TSA security-related activity, such as
passenger or property screening.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former owners, operators, and employees, including TSA
personnel, in all modes of transportation for which DHS/TSA has
security-related duties; individuals reported or investigated as
insider threat risks (that is, individuals who are, or present
themselves to be, current or former transportation sector workers
(including both TSA and private sector personnel) and individuals
employed or otherwise engaged in providing services requiring
authorized access to transportation facilities, assets, or
infrastructure who intend to cause harm to the transportation domain);
individuals who have access to SSI and are ``covered persons'' under
the Sensitive Security Information regulation, 49 CFR part 1520;
witnesses and other third parties who provide information; individuals
undergoing screening of their person (including identity verification)
or property; individuals against whom investigative, administrative, or
civil or criminal enforcement action has been initiated for violation
of certain TSA regulations or security directives, relevant provisions
of 49 U.S.C. 449, or other laws; and individuals who communicate
security incidents, potential security incidents, or otherwise
suspicious activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information related to the screening of property and the security
screening and identity verification of individuals, including
identification media and identifying information such as:
Individual's name;
Address;
Date and place of birth;
Gender;
Contact information (e.g., email addresses, phone
numbers);
Social Security number;
Government-issued identification (e.g., Passport
information, Driver's License number, Alien Registration number);
Citizenship;
Fingerprints or other biometric identifiers;
Physical description, photographs or video;
Travel information or boarding passes;
Results of any law enforcement, criminal history record,
intelligence, immigration, public records or open source checks;
Military status (branch, traveling on orders);
Employment information and work history;
Security and access clearances and background
investigations information.
TSA Information technology network activity information;
and
Information from other agencies (e.g., FBI, Financial
Crimes Enforcement Network (FinCEN)).
Additionally, information related to the investigation or
prosecution of any
[[Page 43890]]
alleged violation; place of violation; Enforcement Investigative
Reports (EIR); security incident reports, screening reports,
suspicious-activity reports, and other incident or investigative
reports; statements of alleged violators, witnesses, and other third
parties who provide information; proposed penalty; investigators'
analyses and work papers; enforcement actions taken; findings;
documentation of physical evidence; correspondence of TSA employees and
others in enforcement cases; pleadings and other court filings; legal
opinions and attorney work papers; and information obtained from
various law enforcement or prosecuting authorities relating to the
enforcement of laws or regulations.
RECORD SOURCE CATEGORIES:
Records are obtained from the alleged violator, TSA employees or
contractors, witnesses to the alleged violation or events surrounding
the alleged violation, other third parties who provided information
regarding the alleged violation, State and local agencies, and other
Federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
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 and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee 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 there has been a breach of this system
of records; and (2) DHS has determined that as a result of the
suspected or confirmed breach, there is a risk of harm to individuals,
harm to DHS (including its information systems, programs, and
operations), the Federal Government, or national security; 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 breach or to prevent, minimize, or remedy such
harm.
F. To another Federal agency or Federal entity when DHS determines
that information from this system of records is reasonably necessary to
assist another Federal recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
G. 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.
H. To an appropriate Federal, State, tribal, local, international,
or foreign 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.
I. To the United States Department of Transportation, its operating
administrations, or the appropriate State or local agency, when
relevant or necessary to:
1. Ensure safety and security in any mode of transportation;
2. Enforce safety- and security-related regulations and
requirements;
3. Assess and distribute intelligence or law enforcement
information related to transportation security;
4. Assess and respond to threats to transportation;
5. Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
6. Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
7. Issue, maintain, or renew a license, certificate, contract,
grant, or other benefit.
J. To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency, regarding individuals who pose, or
are suspected of posing, a risk to transportation or national security.
K. To federal, state, local, tribal, territorial, foreign, or
international agencies, if the information is relevant and necessary to
a requesting agency's decision concerning the hiring or retention of an
individual, or the issuance, grant, renewal, suspension, or revocation
of a security clearance, license, contract, grant, or other benefit; or
to the extent necessary to obtain information relevant and necessary to
a DHS decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit.
L. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
M. To third parties during the course of an investigation into any
matter before DHS/TSA to the extent necessary to obtain information
pertinent to the investigation.
N. To airport operators, aircraft operators, and 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, or the issuance of such credentials or
clearances.
O. To any agency or instrumentality charged under applicable law
with the protection of the public health or safety
[[Page 43891]]
under circumstances in which the public health or safety is at risk.
P. With respect to members of the armed forces who may have
violated transportation security or safety requirements and laws, to
disclose the individual's identifying information and details of their
travel on the date of the incident in question to the appropriate
branch of the armed forces to the extent necessary to determine whether
the individual was performing official duties at the time of the
incident. Members of the armed forces include active duty and reserve
members, and members of the National Guard. This routine use is
intended to permit TSA to determine whether the potential violation
must be referred to the appropriate branch of the armed forces for
action pursuant to 49 U.S.C. 46301(h).
Q. To the DOJ, U.S. Attorney's Office, or other Federal agencies
for further collection action on any delinquent debt when circumstances
warrant.
R. To a debt collection agency for the purpose of debt collection.
S. To airport operators, aircraft operators, air carriers,
maritime, and surface transportation operators, indirect air carriers,
or other facility operators when appropriate to address a threat or
potential threat to transportation security or national security, or
when required for administrative purposes related to the effective and
efficient administration of transportation security laws.
T. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
U. 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.
V. To the public, on the TSA website at www.tsa.gov, final agency
and Administrative Law Judge decisions in criminal enforcement and
other administrative matters, except that personal information about
individuals will be deleted if release of that information would
constitute an unwarranted invasion of privacy, including but not
limited to medical information.
W. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
X. 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 a civil or criminal law.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
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, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/TSA retrieves records by name, address, Social Security number,
administrative action or legal enforcement numbers, or other assigned
identifier of the individual on whom the records are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention and disposal varies depending on the type of record.
Passenger, baggage, and cargo screening incident reports that are not
referred for investigation are maintained for three years from the end
of the fiscal year in which they were created, in accordance with NARA
authority, N1-560-12-002. Security incident reports are cut off at the
end of involvement and destroyed four years after cut-off (N1-560-03-
6). Items that are referred for investigation within TSA or to an
outside agency are destroyed 25 years after the case is closed (N1-560-
03-6). Insider Threat information and inquiry records are destroyed no
sooner than five years after an inquiry is opened and 25 years after a
case is closed, in accordance with NARA authority DAA-GRS-2017-0006.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/TSA safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. TSA has imposed strict controls 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, 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 access to and notification of any record contained
in this system of records, or seeking to contest its content, may
submit a request in writing to the Chief Privacy Officer and the TSA
Freedom of Information Act (FOIA) Officer, whose contact information
can be found at https://www.dhs.gov/foia under ``Contacts Information.''
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, Washington, DC 20528-0655. Even if neither the
Privacy Act nor the Judicial Redress Act provide a right of access,
certain records about you may be available under FOIA.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify your identity,
meaning that the individual must provide his/her full name, current
address, and date and place of birth. The individual must sign his/her
request, and the individual's 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, an individual may obtain
[[Page 43892]]
forms for this purpose from the Chief Privacy Officer and Chief FOIA
Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, the
individual should:
Explain why he or she believes the Department would have
information on him/her;
Identify which component(s) of the Department the
individual believes may have the information about him/her;
Specify when the individual believes 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 an individual's request is seeking records pertaining to another
living individual, the first individual must include a statement from
the second 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 the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted portions of this system from the following
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(3), (e)(4)(G), (H), and (I); and (f). Portions of the system
pertaining to investigations or prosecutions of violations of criminal
law are exempt under 5 U.S.C. 552a(j)(2). Further, the Secretary of
Homeland Security, pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), has
exempted portions of this system from the following provisions of the
Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (H), and (I);
and (f).
HISTORY:
78 FR 73868 (Dec. 9, 2013); 75 FR 28042 (May 19, 2010); 71 FR 44223
(Aug. 4, 2006).
Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-18558 Filed 8-27-18; 8:45 am]
BILLING CODE 9110-05-P