[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73868-73871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29353]



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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2013-0079]


Privacy Act of 1974; Department of Homeland Security 
Transportation Security Administration--DHS/TSA-001 Transportation 
Security Enforcement Record System System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records Update.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/Transportation Security Administration--DHS/TSA-001 
Transportation Security Enforcement Record System System of Records.'' 
This system of records allows the Department of Homeland Security/
Transportation Security Administration to collect and maintain records 
related to the Transportation Security Administration'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. As a result of a biennial review of this 
system, records have been updated within the routine uses. 
Specifically, the statute citation in routine use P. has been 
corrected. This notice is being re-issued in its entirety in order to 
have a single updated record available for public review. This updated 
system will be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Submit comments on or before January 8, 2014. This updated 
system will be effective January 8, 2014.

ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0079 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Peter Pietra, Privacy Officer, Privacy Policy and Compliance, TSA-36, 
Transportation Security Administration, 601 South 12th Street, 
Arlington, VA 20598-6036; email: [email protected]. For privacy 
questions, please contact: Karen L. Neuman, (202) 343-1717, Chief 
Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) Transportation Security 
Information (TSA) proposes to update and reissue a current DHS system 
of records titled, ``DHS/TSA-001 Transportation Security Enforcement 
Record System (TSERS) System of Records.''
    As a result of a biennial review of this system, records have been 
updated within the routine uses. The statute citation in routine use P. 
has been corrected to 49 U.S.C. Sec.  46301(h).
    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.
    Consistent with DHS' information-sharing mission, information 
stored in the DHS/TSA-001 TSERS may be shared with other DHS components 
that have a need to know the information to carry out their national 
security, law enforcement, immigration, intelligence, or other homeland 
security functions. In addition, information may be shared with 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice.
    Portions of this system are exempt under 5 U.S.C. Sec. Sec.  
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. Sec.  552a(j)(2). These exemptions are reflected in the 
final rule published on August 4, 2006 in 71 FR 44223.
    This updated system will be included in DHS' 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 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 U.S. 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.
    Below is the description of the DHS/TSA-001 TSERS 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.
(TSA)--001

System of Records:
    Department of Homeland Security (DHS)/Transportation Security 
Administration

System name:
    DHS/TSA-001 Transportation Security Enforcement Record System 
(TSERS)

Security classification:
    Classified, sensitive.

System location:
    Records are maintained at TSA Headquarters offices in Arlington, 
Virginia, and at various 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,

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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:
     Individual's name;
     Address;
     Date of birth;
     Gender;
     Contact information (e.g., email addresses, phone 
numbers);
     Social Security Number,
     Fingerprints or other biometric identifiers;
     Photographs or video; and
     Travel information or boarding passes.
    Additionally, information related to 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, 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. 
Sec.  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. Sec.  552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including U.S. Attorney 
Offices, 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 where 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. Sec. Sec.  
2904 and 2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' 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 provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, territorial, or 
foreign law enforcement agency 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 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.
    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

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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 49 U.S.C. Sec.  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 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 in this system are stored electronically or on paper. The 
records may be stored on magnetic disc, tape, digital media, 
microfiche, and roll microfilm.

Retrievability:
    Records may be 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 for the performance 
of their official duties; using locks, alarm devices, and passwords; 
and encrypting data 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 20598.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the

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notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, DHS/TSA will consider 
individual requests to determine whether or not information may be 
released. Thus, individuals seeking notification of and access to any 
record contained in this system of records, or seeking to contest its 
content, may submit a request in writing to the TSA FOIA Officer by 
email at [email protected] or by mail at Transportation Security 
Administration, TSA-20, FOIA Office, 601 S. 12th Street, Arlington, VA 
20598. If an individual believes more than one component maintains 
Privacy Act records concerning him or her, the individual may submit 
the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, Department of Homeland Security, 245 Murray 
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

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.

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.

    Dated: November 21, 2013.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-29353 Filed 12-6-13; 8:45 am]
BILLING CODE 9110-05-P