[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Notices]
[Pages 30948-30951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12452]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2004-17982]
Privacy Act of 1974: Systems of Records; Telecommunications Usage
Detail Records; Registered Traveler Operations Files
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice to establish two new systems of records; request for
comments.
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SUMMARY: The Transportation Security Administration is establishing two
new system of records under the Privacy Act of 1974.
DATES: Comments due on July 1, 2004.
ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation (DOT), Room Plaza 401, 400 Seventh Street,
SW., Washington, DC 20590-0001. You must identify the docket number
TSA-2004-17982 at the beginning of your comments, and you should submit
two copies of your comments. If you wish to receive confirmation that
TSA received your comments, include a self-addressed, stamped postcard.
You may also submit comments through the Internet at http://dms.dot.gov. Please be aware that anyone is able to search the
electronic form of all comments received into any of these dockets by
the name of the individual submitting the comment (or signing the
comment, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://dms.dot.gov. You may also
review the public docket containing comments in person at the Dockets
Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Dockets Office is on the plaza level of the NASSIF
Building at the Department of Transportation at the above address.
[[Page 30949]]
FOR FURTHER INFORMATION CONTACT: Conrad Huygen, Privacy Act Officer,
TSA Office of Information Management Programs, TSA Headquarters, West
Tower, 11th Floor (TSA-17), 601 S. 12th Street, Arlington, VA 22202-
4220; telephone (571) 227-1954; facsimile (571) 227-2912.
SUPPLEMENTARY INFORMATION: The Transportation Security Administration
is establishing two new systems of records under the Privacy Act of
1974. The first system, Telecommunications Usage Detail Records (DHS/
TSA 014), will be used to facilitate the management of
telecommunications equipment within TSA, to prevent the misuse of
government resources, and to serve as the basis for appropriate
disciplinary action in the event government resources have been
misused.
The second system, Registered Traveler Operations Files (DHS/TSA
015), will be used to conduct a Registered Traveler (RT) Pilot Program
in a limited number of airports to test and evaluate the merits of the
RT concept on a completely voluntary basis. RT is designed to pre-
screen and positively identify volunteer travelers using advanced
identification technologies and conduct a terrorist-focused background
check to ensure that the volunteer is not connected to terrorists or
terrorist activity. This system may expedite the pre-boarding process
for the traveler and improve the allocation of TSA's security resources
on individuals who may pose a security threat. All passengers who
volunteer and are deemed eligible for the RT pilot program will be
required to undergo physical screening at the screening checkpoint in
the selected pilot locations.
DHS/TSA 014
System name:
Telecommunications Usage Detail Records.
Security classification:
Unclassified, sensitive.
System location:
Records are maintained in the Office of Information Technology at
TSA Headquarters in Arlington, Virginia and at various TSA field
offices.
Categories of individuals covered by the system:
Employees and contractor personnel who use or are assigned
government telephones, cell phones, facsimile machines, computers
connected to the Internet, or other telecommunications equipment.
Categories of records in the system:
Records relating to the use of government telecommunications
equipment; records indicating assignment of telecommunications
equipment to individuals, which may include the individual's name, duty
title, address, social security number, assigned equipment identifying
information, and assigned phone number; and records relating to the
location of government telecommunications equipment.
Authority for maintenance of the system:
5 U.S.C. 301; 49 U.S.C. 114; E.O. 9397 (Social Security Number).
Purposes:
Records are maintained to facilitate the management of
telecommunications equipment, to prevent the misuse of government
resources, and to serve as the basis for appropriate disciplinary
action in the event government resources have been misused.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) To contractors, grantees, experts, consultants, or volunteers
when necessary to perform a function or service related to this system
of records for which they have been engaged. Such recipients are
required to comply with the Privacy Act, 5 U.S.C. 552a, as amended.
(2) To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where TSA becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
(3) To the Department of Justice (DOJ) or other Federal agency
conducting litigation or in proceedings before any court, adjudicative
or administrative body, when: (a) TSA, or (b) any employee of TSA in
his/her official capacity, or (c) any employee of TSA in his/her
individual capacity where DOJ or TSA has agreed to represent the
employee, or (d) the United States or any agency thereof, is a party to
the litigation or has an interest in such litigation, and TSA
determines that the records are both relevant and necessary to the
litigation and the use of such records is compatible with the purpose
for which TSA collected the records.
(4) 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.
(5) To the General Services Administration and the National
Archives and Records Administration in records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
(6) To the Department of Justice, United States Attorney's Office,
or other agency for debt collection action on any delinquent debt when
circumstances warrant.
(7) To respond to a Federal agency's request made in connection
with the hiring or retention of an employee, the letting of a contract,
or issuance of a grant, license or other benefit by the requesting
agency, but only to the extent that the information disclosed is
relevant and necessary to the requesting agency's decision on the
matter.
(8) To a telecommunications company providing telecommunications
support to permit servicing of the account.
(9) To third parties during the course of an investigation into
violations or potential violations of relevant laws, regulations, or
policies to the extent necessary to obtain information pertinent to the
investigation.
Disclosures to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this
system to consumer reporting agencies collecting on behalf of the
United States Government.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in hard copy or in electronic format on a system
database.
Retrievability:
Records are retrieved by name, duty title, address, social security
number, equipment number, phone number, or other assigned identifier of
the individual on whom the records are maintained.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. Control measures are enforced to ensure that
access to sensitive information in these records, such as Social
Security Numbers, is based on a ``need to know.''
Retention and disposal:
Records in this system will be retained in accordance with a
schedule to be approved by the National Archives and Records
Administration.
[[Page 30950]]
System manager(s) and address:
Telecommunications Equipment Manager, Office of Information
Technology, TSA Headquarters, TSA-11, 601 S. 12th Street, Arlington, VA
22202-4220.
Notification procedure:
To determine whether this system contains records relating to you,
write to the System Manager identified above.
Record access procedure:
Same as ``Notification Procedure,'' above. Provide your full name
and a description of information that you seek, including the time
frame during which the record(s) may have been generated. Individuals
requesting access must comply with the Department of Homeland Security
Privacy Act regulations on verification of identity (6 CFR 5.21(d)).
Contesting record procedure:
Same as ``Notification Procedure'' and ``Record Access Procedure,''
above.
Record source categories:
Information contained in this system is obtained from employees and
contractor personnel who use or are assigned government
telecommunications equipment, telecommunications equipment assignment
lists, call detail log entries (which include but are not limited to
whom the call was made, from where the call was made, and call
duration), and the results of inquiries related to the assignment of
responsibility for the misuse of government telecommunications
equipment or the placement of unofficial calls or transmissions.
Exemptions claimed for the system:
None.
DHS/TSA 015
System name:
Registered Traveler (RT) Operations Files.
Security classification:
Classified, sensitive.
System location:
Records will be maintained at TSA Headquarters in Arlington,
Virginia, at other authorized TSA or DHS secure facilities as
necessary, and at a digital safe site managed by a government
contractor.
Categories of individuals covered by the system:
(a) Individuals who voluntarily apply to participate in the RT
Pilot Program, who agree to provide personal information to TSA that
may be used as part of a security assessment, and who may or may not
meet the eligibility criteria as determined by TSA;
(b) Authorized Federal law enforcement officers (LEOs); and (c)
Individuals who participate in the Federal Flight Deck Officer (FFDO)
program.
Categories of records in the system:
Information in the system includes some or all of the following:
Full name, current home address, current home phone number, current
cell phone number (if applicable), social security number, date of
birth, place of birth, nationality, gender, prior home addresses,
arrival date in United States (non-U.S. citizens only), digital photo,
reference biometric (i.e., fingerprint(s), iris scan, facial geometry,
hand geometry, handwriting/signature, others), unique identification
record number, unique token or credential serial number, security
assessments, information pertaining to adjudication results, RT
eligibility status, token or credential issue date, token or credential
expiration date, information and data provided by Federal, State, and
local government agencies and foreign governments that is necessary to
conduct a security assessment to determine if an individual poses a
potential threat to aviation security. Authorized Federal LEOs may have
a Federal LEO code name and unique administrative code number.
Authority for maintenance of the system:
49 U.S.C. 114; Section 109(a)(3), Aviation and Transportation
Security Act (ATSA), Public Law 107-71.
Purpose(s):
The system utilized during the RT Pilot Program will facilitate the
development, testing, and administration of the RT concept, including
conducting security assessments on program applicants; additional
security assessments may or may not be conducted on authorized LEOs,
FFDOs, and other authorized government officials. The purpose of the RT
pilot program is to (1) pre-screen and positively identify volunteer
travelers using advanced identification technologies, including
biometrics, which may expedite the pre-boarding process for the
traveler and improve the allocation of TSA's security resources on
individuals who may pose a security threat; (2) prevent potential
threats from individuals who are impersonating Federal LEOs and seek to
board commercial aircraft while armed; (3) assist in the management and
tracking of the status of security assessments for applicants and those
deemed eligible for the Registered Traveler Pilot Program; (4) permit
the retrieval of the results of security assessments, including
criminal history records checks and searches in other governmental
identification systems, performed on the individuals covered by this
system; (5) permit the retrieval of information from other law
enforcement and intelligence databases on individuals covered by this
system; and (6) identify potential threats to transportation security,
uphold and enforce the law, and ensure public safety.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) To the United States Department of Transportation, its
operating administrations, or the appropriate state or local agency
when relevant or necessary to (a) ensure safety and security in any
mode of transportation; (b) enforce safety and security related
regulations and requirements; (c) assess and distribute intelligence or
law enforcement information related to transportation security; (d)
assess and respond to threats to transportation; (e) oversee the
implementation and ensure the adequacy of security measures at airports
and other transportation facilities; (f) plan and coordinate any
actions or activities that may affect transportation safety and
security or the operations of transportation operators; or (g) the
issuance, maintenance, or renewal of a license, certificate, contract,
grant, or other benefit.
(2) To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where TSA becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
(3) To contractors, grantees, experts, consultants, or volunteers
when necessary to perform a function or service related to this system
of records for which they have been engaged. Such recipients are
required to comply with the Privacy Act, 5 U.S.C. 552a, as amended.
(4) To airports and aircraft operators to the extent necessary to
identify Registered Travelers and ensure the proper ticketing, security
screening, and boarding of those passengers.
(5) To a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding
[[Page 30951]]
persons who may pose a risk to transportation or national security; a
risk of air piracy or terrorism or a threat to airline or passenger
safety; or a threat to aviation safety, civil aviation, or national
security.
(6) To the Department of State and other Intelligence Community
agencies to further the mission of those agencies relating to persons
who may pose a risk to transportation or national security; a risk of
air piracy or terrorism or a threat to airline or passenger safety; a
threat to aviation safety, civil aviation, or national security.
(7) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(8) To authorized law enforcement and other government agencies, as
necessary, to conduct the security assessments and, if applicable, to
facilitate payment and accounting.
(9) To the Department of Justice in review, settlement, defense,
and prosecution of claims, complaints, and lawsuits involving matters
over which TSA exercises jurisdiction.
(10) To the DOJ or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body,
when: (a) TSA, or (b) any employee of TSA in his/her official capacity,
or (c) any employee of TSA in his/her individual capacity where DOJ or
TSA has agreed to represent the employee, or (d) the United States or
any agency thereof, is a party to the litigation or has an interest in
such litigation, and TSA determines that the records are both relevant
and necessary to the litigation and the use of such records is
compatible with the purpose for which TSA collected the records.
(11) 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.
(12) To the General Services Administration and the National
Archives and Records Administration in records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
(13) To the Attorney General of the United States or his/her
official designee, when information indicates that an individual meets
any of the disqualifications for receipt, possession, shipment, or
transport of a firearm under the Brady Handgun Violence Prevention Act.
In case of a dispute concerning the validity of the information
provided by TSA to the Attorney General, or his/her designee, it shall
be a routine use of the information in this system of records to
furnish records or information to the national Background Information
Check System, established by the Brady Handgun Violence Prevention Act,
as may be necessary to resolve such dispute.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records may be stored on magnetic disc, tape, digital media, CD-
ROM, bar code, magnetic stripe, optical memory stripe, disk, integrated
circuit chip, and/or other approved technologies and may also be
retained in hard copy format in secure file folders.
Retrievability:
Records may be retrieved by the applicant's name, unique
identification record number, or other unique administrative
identifier; paper records, where applicable, are retrieved
alphabetically by name or other unique administrative identifier.
Safeguards:
Information in this system is safeguarded in accordance with
applicable rules and policies, including any applicable TSA and DHS
automated systems security and access policies. The computer system
from which records could be accessed is policy and security based,
meaning access is limited to those individuals who require it to
perform their official duties. The system also maintains a real-time
auditing function of individuals who access the system. Classified
information is appropriately stored in a secured facility, secured
databases, and containers and in accordance with other applicable
requirements, including those pertaining to classified information.
Retention and disposal:
Records in this system will be retained in accordance with a
schedule to be approved by the National Archives and Records
Administration.
System manager and address:
Registered Traveler Program Manager, Credentialing Program Office,
TSA Headquarters, TSA-19, East Tower, 601 S. 12th Street, Arlington, VA
22202-4220.
Notification procedure:
To determine if this system contains a record relating to you,
write to the system manager at the address indicated above and provide
your full name, current address, date of birth, place of birth, and a
description of information that you seek, including the time frame
during which the record(s) may have been generated. You may also
provide your Social Security Number or other unique identifier(s) but
you are not required to do so. Individuals requesting access must
comply with the Department of Homeland Security's Privacy Act
regulations on verification of identity (6 CFR 5.21(d)).
Record access procedure:
Same as ``notification procedure,'' above.
Contesting record procedure:
Same as ``notification procedure,'' above.
Record source categories:
Information contained in this system may be obtained from the RT
applicant, law enforcement and intelligence agency record systems,
government and commercial databases, military and National Guard
records, and other Department of Homeland Security systems.
Exemptions claimed for the system:
Portions of this system are exempt from 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f) pursuant to 5 U.S.C.
552a(k)(1) and (k)(2).
Issued in Arlington, Virginia, on May 27, 2004.
Barry D. Walters,
Director, Office of Information Management Programs.
[FR Doc. 04-12452 Filed 5-27-04; 2:41 pm]
BILLING CODE 4910-62-P