[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28042-28046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11917]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0013]


Privacy Act of 1974: System of Records; Department of Homeland 
Security Transportation Security Administration--001, Transportation 
Security Enforcement Record System, System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice to alter an existing Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security proposes to update and reissue an existing Department 
of Homeland Security system of records notice titled, Transportation 
Security Administration 001 Transportation Security Enforcement Record 
System previously published on December 10, 2004. As a result of the 
biennial review of this system, modifications are being made to the 
system of records' categories of individuals, categories of records, 
routine uses, record source categories, retention and disposal, 
notification procedures, and system manager and address. The Department 
of Homeland Security Transportation Security Administration--001 
Transportation Security Enforcement Record System covers records 
related to the Transportation Security Administration's screening of 
passengers and property and enforcement actions involving all modes of 
transportation regulated by the Transportation Security Administration. 
Information in this system also includes 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.
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and 
(k)(2). Portions of the system pertaining to investigations or 
prosecutions of violations of criminal law are exempt under 5 U.S.C. 
552a(j)(2). These exemptions are reflected in the final rule published 
on August 4, 2006.
    This system will continue to be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Submit comments on or before June 18, 2010. The system will be 
effective June 18, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0013 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Peter Pietra, Privacy Officer, Transportation

[[Page 28043]]

Security Administration, TSA-36, 601 South 12th Street, Arlington, VA 
20598-6036 or [email protected]. For privacy issues please contact: 
Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with this requirement and the Privacy Act of 1974, 5 
U.S.C. 552a, the Department of Homeland Security (DHS) Transportation 
Security Administration (TSA) proposes to update and reissue a DHS/TSA 
system of records notice titled, DHS/TSA-001 Transportation Security 
Enforcement Record System (69 FR 71828, December 10, 2004.)
    TSA's mission is to protect the nation's transportation systems to 
ensure freedom of movement for people and commerce. To achieve this 
mission, TSA is required to develop and adapt its security programs to 
respond to evolving threats to transportation security. In accordance 
with the biennial review of this system, the following modifications 
are being made:
     The categories of individuals section is updated from 
``passengers undergoing screening'' to ``individuals undergoing 
screening.'' This change clarifies that individuals other than 
passengers may be subject to screening, such as individuals who escort 
minors or the elderly into the sterile area.
     The categories of records section has been updated to 
State that records may relate to any individual, not just to a 
passenger, who undergoes screening and to an individual whose identity 
must be verified against the Federal watch lists.
     DHS/TSA is updating the system of records to incorporate 
five DHS standard routines uses. One routine use will allow release of 
information to appropriate agencies, entities, and persons when DHS/TSA 
suspects or has confirmed that the security or confidentiality of an 
information system of records has been compromised. Another routine use 
permits the release of information to the media when there exists a 
legitimate public interest in disclosing information. Release under 
this routine use will require the approval of the DHS Chief Privacy 
Officer in consultation with counsel. Another routine use allows the 
release of information to a court, magistrate, administrative tribunal 
or opposing counsel or parties where a Federal agency is a party or has 
an interest in the litigation or administrative proceeding. The fourth 
routine use allows DHS/TSA to release information to a former employee 
when it is necessary to consult with the former employee regarding a 
matter that is within that person's former area of responsibility. The 
fifth routine use allows DHS/TSA to release information to appropriate 
entities where it would assist in the enforcement of civil or criminal 
laws.
     Additionally, DHS/TSA is revising a current routine use 
adding indirect air carriers and other facility operators as a 
potential recipient of information from these systems 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.
     DHS/TSA is also revising a current routine use by adding 
indirect air carriers and other facility operators as potential 
recipients of information about individuals who are their employees, 
job applicants, or contractors, or persons to whom they issue 
identification credentials or grant clearances to secured areas in 
transportation facilities when relevant to such employment, 
application, contract, training or the issuance of such credentials or 
clearances.
     Finally, DHS/TSA is adding a routine use to allow DHS/TSA 
to publish final agency and Administrative Law Judge decisions in civil 
enforcement and other administrative matters.
     The record source categories are updated to reflect the 
use of commercial and public record databases and Web sites to obtain 
information regarding the identity of individuals who attempt to gain 
access to the sterile areas of the airport and for whom identity needs 
to be verified or individuals who are being vetted to qualify as 
Federal flight deck officers.
     The retention and disposal sections are updated to reflect 
the records retention schedules approved by the National Archives and 
Records Administration (NARA).
     The notification section was changed to reflect that 
inquiries regarding whether the applicable system contains records 
about an individual should be directed to TSA's Freedom of Information 
Act (FOIA) Office.
     The system manager was revised to reflect the current 
system manager of the system.
    Consistent with the Privacy Act, information stored in TSERS may be 
shared with other DHS components, as well as appropriate Federal, 
State, local, tribal, foreign, or international government agencies. 
This sharing will only take place after DHS determines that the 
receiving component or agency has a need to know the information to 
carry out national security, law enforcement, immigration, 
intelligence, or other functions consistent with the routine uses set 
forth in this system of records notice.
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and 
(k)(2). Portions of the system pertaining to investigations or 
prosecutions of violations of criminal law are exempt under 5 U.S.C. 
552a(j)(2). These exemptions are reflected in the final rule published 
on August 4, 2006 in 71 FR 44223.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the 
Transportation Security Administration 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

[[Page 28044]]

Management and Budget and to Congress.
System of Records

DHS/TSA--001

System name:
    Transportation Security Administration Transportation Security 
Enforcement Record System (TSERS).

Security classification:
    Classified, sensitive.

System location:
    Records are maintained at the Transportation Security 
Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA 
20598 and TSA field offices.

Categories of individuals covered by the system:
    Owners, operators, and employees in all modes of transportation for 
which DHS/TSA has security-related duties; 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. 
Chapter 449, or other laws; individuals being investigated or 
prosecuted for violations of law; 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 name, address, 
gender, date of birth, contact information, fingerprints and/or other 
biometric identifiers, photographs or video, or travel information or 
boarding passes; the investigation or prosecution of any alleged 
violation; place of violation; Enforcement Investigative Reports 
(EIRs); security incident reports, screening reports, suspicious-
activity reports and other incident or investigative reports; 
statements of alleged violators and 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.

Authority for maintenance of the system:
    49 U.S.C. 114(d), 44901, 44903, 44916, 46101, 46301.

Purpose(s):
    The records are created in order 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.

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) (including United States 
Attorney Offices) or other Federal agency in anticipation of, or 
conducting litigation or in proceedings before any court, adjudicative 
or administrative body, when it is necessary to the litigation and one 
of the following is a party to the litigation or has an interest in 
such litigation:
    1. DHS, or any component thereof;
    2. Any current or former employee of DHS in his/her official 
capacity, or
    3. Any current or former employee of DHS in his/her individual 
capacity where DOJ or DHS has agreed to represent the employee, or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS/
TSA collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration, or other 
Federal government agencies, pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information;
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
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 provide information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign agency, including law enforcement, or other appropriate 
authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, where a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    H. To the United States Department of Transportation, its operating 
administrations, or the appropriate State

[[Page 28045]]

or local agency, when relevant or necessary to:
    1. Ensure safety and security in any mode of transportation;
    2. Enforce safety- and security-related regulations and 
requirements;
    3. Assess and distribute intelligence or law enforcement 
information related to transportation security;
    4. Assess and respond to threats to transportation;
    5. Oversee the implementation and ensure the adequacy of security 
measures at airports and other transportation facilities;
    6. Plan and coordinate any actions or activities that may affect 
transportation safety and security or the operations of transportation 
operators; or
    7. The issuance, maintenance, or renewal of a license, certificate, 
contract, grant, or other benefit.
    I. To the appropriate Federal, State, local, tribal, territorial, 
foreign, or international agency, regarding individuals who pose, or 
are suspected of posing, a risk to transportation or national security.
    J. To a Federal, State, local, tribal, territorial, foreign, or 
international agency, where such agency has requested information 
relevant or necessary for the hiring or retention of an individual, or 
the issuance of a security clearance, license, contract, grant, or 
other benefit.
    K. To a Federal, State, local, tribal, territorial, foreign, or 
international agency, if necessary to obtain information relevant to a 
DHS/TSA decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, license, contract, 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 under circumstances 
where 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, 
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 40 U.S.C. 610101(b).
    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 where a 
Federal agency is a party to the litigation or administrative 
proceeding in the course of presenting evidence, including disclosures 
to opposing counsel or witnesses in the course of civil discovery, 
litigation, or settlement negotiations or in connection with criminal 
law proceedings.
    V. To the public, on the TSA Web site 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, where there exists a 
legitimate public interest in the disclosure of the information, or 
when disclosure is necessary to preserve confidence in the integrity of 
DHS or is necessary to demonstrate the accountability of DHS's 
officers, employees, or individuals covered by the system, except to 
the extent it is determined that release of the specific information in 
the context of a particular case would constitute an unwarranted 
invasion of personal privacy or a risk to transportation or national 
security.
    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, where DHS/TSA determines that the 
information would assist in the enforcement of a civil or criminal law.

Disclosure 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 maintained on paper and in computer-accessible storage 
media. Records are also stored on microfiche and roll microfilm.

Retrievability:
    Records are retrieved 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.

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. These safeguards include restricting access to 
authorized personnel who also have a need-to-know; using locks, alarm 
devices, and passwords; and encrypting data

[[Page 28046]]

communications. Strict control measures are enforced to ensure that 
access to classified and/or sensitive information in these records is 
also based on ``need to know.'' Electronic access is limited by 
computer security measures that are strictly enforced. TSA file areas 
are locked after normal duty hours and the facilities are protected 
from the outside by security personnel.

Retention and disposal:
    National Archives and Records Administration approval is pending 
for the records in this system. Paper records and information stored on 
electronic storage media are maintained within TSA for five years and 
then forwarded to Federal Records Center. Records are destroyed after 
ten years.

System manager and address:
    Information Systems Program Manager, Office of the Chief Counsel, 
TSA Headquarters, West Tower, 8th Floor, TSA-2, 601 S. 12th Street, 
Arlington, VA 22202-4220.

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 Procedures'' above. Provide your full name 
and a description of information that you seek, including the time 
frame during which the record(s) may have been generated. Individuals 
requesting access must comply with the Department of Homeland Security 
Privacy Act regulations on verification of identity (6 CFR 5.21(d)).

Contesting record procedures:
    Same as ``Notification Procedure,'' and ``Record Access 
Procedures'' above.

Record source categories:
    Information contained in this system is obtained from the alleged 
violator, TSA employees or contractors, witnesses to the alleged 
violation or events surrounding the alleged violation, other third 
parties who provided information regarding the alleged violation, State 
and local agencies, and other Federal agencies.

Exemptions claimed for the system:
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and 
(k)(2). Portions of the system pertaining to investigations or 
prosecutions of violations of criminal law are exempt under 5 U.S.C. 
552a(j)(2). These exemptions are reflected in the final rule published 
on August 4, 2006 in 71 FR 44223.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11917 Filed 5-18-10; 8:45 am]
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