[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3811-3815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01167]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0002]


Privacy Act of 1974; Department of Homeland Security/ALL-030 Use 
of the Terrorist Screening Database System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current 
Department-wide system of records titled, ``Department of Homeland 
Security(DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB) 
System of Records,'' 76 FR 39408, July 6, 2011. This system of records 
allows the DHS to maintain a synchronized copy of the Department of 
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist 
Screening Database (TSDB), which includes categories of individuals 
covered by DOJ/FBI-019, ``Terrorist Screening Records Center System,'' 
72 FR 77846, Dec. 14, 2011. DHS maintains a synchronized copy to 
automate and simplify the transmission of information in the Terrorist 
Screening Database to DHS and its components. With this updated notice, 
DHS is adding two new consumers, Customs and Border Protection (CBP) 
Automated Targeting System (ATS) and U.S. Citizenship and Immigration 
Services (USCIS) Fraud Detection and National Security (FDNS) 
Directorate, to the ``DHS Watchlist Service.'' The DHS Watchlist 
Service is the technological mechanism used to transmit Terrorist 
Screening Database information from the Department of Justice to the 
Department of Homeland Security, and to DHS components thereafter. DHS 
is also clarifying an existing category of individuals, adding two new 
categories of individuals, and clarifying the categories of records 
maintained in this system. Additionally, this notice includes non-
substantive changes to simplify the formatting and text of the 
previously published notice.
    DHS is also issuing a new notice of proposed rulemaking to cover 
the exemptions applied to these new categories of individuals covered 
by this system of records notice. The notice of proposed rulemaking 
will be published concurrently with this notice. The existing Final 
Rule for Privacy Act exemptions will continue to apply until the new 
Final Rule is published. This updated system will be included in DHS's 
inventory of record systems.

DATES: Submit comments on or before February 22, 2016. This updated 
system will be effective February 22, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0002 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

[[Page 3812]]

     Fax: 202-343-4010.
     Mail: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to 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 and privacy 
issues please contact: Karen L. Neuman (202-343-1717), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) proposes to update and reissue 
the current system of records titled, ``Department of Homeland Security 
(DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB) System of 
Records.'' DHS maintains a synchronized copy of the Department of 
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist 
Screening Database (TSDB), which includes individuals covered by DOJ/
FBI-019, ``Terrorist Screening Records Center System,'' 72 FR 77846, 
Dec. 14, 2011, via a technological mechanism called the ``DHS Watchlist 
Service (WLS).'' The DHS WLS disseminates received TSDB records to 
authorized DHS components.
    Homeland Security Presidential Directive 6 (HSPD-6), issued in 
September 2003, called for the establishment and use of a single, 
consolidated watchlist to improve the identification and screening of 
known or suspected terrorists and their supporters. The FBI's Terrorist 
Screening Center (TSC) maintains and distributes TSDB as the U.S. 
Government's consolidated terrorist watchlist system. DHS and the FBI/
TSC developed the WLS in order to automate and simplify the method for 
transmitting TSDB records from the FBI/TSC to DHS and its authorized 
components.
    The WLS supports an automated and centralized data transmission of 
TSDB data to DHS and its components. The WLS replaced multiple data 
feeds from the FBI/TSC to DHS and its components, which were documented 
by information sharing agreements. The WLS is a system-to-system secure 
connection with no direct user interface.
    DHS and its components are authorized to access TSDB records via 
the WLS pursuant to the terms of information sharing agreements with 
FBI/TSC. DHS is updating this SORN and has published privacy impact 
assessments to provide additional transparency into how DHS has 
implemented WLS. DHS will review and update this SORN no less than 
every two years as new DHS systems are interconnected with the WLS and 
are approved, consistent with the terms of agreements with FBI/TSC. 
There are currently six DHS systems authorized to receive TSDB data 
directly from the FBI/TSC via WLS, including two systems new to this 
SORN. The following systems have existing SORNs that permit the use of 
the TSDB:
    (1) Transportation Security Administration (TSA): ``DHS/TSA-002 
Transportation Security Threat Assessment System (T-STAS),'' 79 FR 
46862, Aug. 11, 2014;
    (2) TSA Secure Flight Program: ``DHS/TSA-019 Secure Flight 
Records,'' 80 FR 233 Jan. 5, 2015;
    (3) U.S. Customs and Border Protection (CBP) Passenger Systems 
Program, as included in TECS: ``DHS/CBP-011 TECS'', 73 FR 77778, Dec. 
19, 2008;
    (4) Office of Biometric Identity Management (OBIM), as included in 
the DHS Automated Biometric Identification System (IDENT): DHS/US-
VISIT-004, ``DHS Automated Biometric Identification System (IDENT),'' 
72 FR 31080, June 5, 2007.
    DHS is expanding the use of the WLS within the Department to 
include two new systems with existing SORNs that cover the use of the 
TSDB:
    (5) CBP, DHS/CBP-006, ``Customs and Border Protection Automated 
Targeting System'', 77 FR 30297, May 22, 2012;
    (6) U.S. Citizenship and Immigration Services (USCIS) Fraud 
Detection and National Security (FDNS) Directorate, as included in the 
FDNS-Data System, ``DHS/USCIS-006 Fraud Detection and National Security 
Records'' 77 FR 47411, Aug. 8, 2012.
    Two other DHS components are authorized to receive TSDB data via 
the WLS in the form of a computer readable extract. The components' use 
of the TSDB data is covered by existing SORNs:
    (1) DHS/IA-001, ``Office of Intelligence and Analysis (I&A) 
Enterprise Records System,'' 73 FR 28128, May 15, 2008; and
    (2) DHS/ICE-009, U.S. Immigration and Customs Enforcement's (ICE) 
``ICE External Investigations,'' 75 FR 404, Jan. 5, 2010.
    Transactional Information stored in the WLS may be shared with the 
FBI/TSC in order to ensure that DHS and the FBI/TSC can reconcile any 
differences in the database and ensure DHS has the most up-to-date and 
accurate version of TSDB records, such as through automated response 
messages from WLS to TSC. All other sharing will be conducted pursuant 
to the programmatic system of records notices.
    DHS is also updating this system of records to clarify one category 
of individuals and add two new categories of individuals whose 
information is currently included in, or is contemplated for inclusion 
in, the TSDB. These categories of information have been included in the 
TSDB to in support of the White House's ``Strategy to Combat 
Transnational Organized Crime'' (July 19, 2011), and National Security 
Presidential Directive-59/Homeland Security Presidential Directive-24, 
``Biometrics for Identification and Screening to Enhance National 
Security'' (June 5, 2008). These executive strategies are relevant to 
DHS's vetting and screening operations.
    DHS is clarifying the category of individuals to explicitly include 
relatives, associates, or others closely connected with a known or 
suspected terrorist who are excludable from the United States based on 
these relationships by virtue of Section 212(a)(3)(B) of the 
Immigration and Nationality Act, as amended, and do not otherwise 
satisfy the requirements for inclusion in the TSDB.
    DHS is adding two new categories of individuals to include: (1) 
Individuals who were officially detained during military operations, 
but not as enemy prisoners of war, and who have been identified as 
possibly posing a threat to national security, and who do not otherwise 
satisfy the requirements for inclusion in the TSDB (``military 
detainees''), consistent with E.O. 12333 (or successor order) and the 
DOJ/FBI-019; and (2) individuals who may pose a threat to national 
security because they are (a) known or suspected to be or have been 
engaged in conduct constituting, in aid of, or related to transnational 
organized crime, thereby posing a possible threat to national security, 
and (b) do not otherwise satisfy the requirements for inclusion in the 
TSDB (``transnational organized crime actors''), consistent with E. O. 
12333 (or successor order) (``national security threats'') and in 
support of the White House's ``Strategy to Combat

[[Page 3813]]

Transnational Organized Crime'' (July 19, 2011), and National Security 
Presidential Directive-59/Homeland Security Presidential Directive-24, 
``Biometrics for Identification and Screening to Enhance National 
Security'' (June 5, 2008).
    DHS is updating this system of records to clarify and expand the 
categories of records maintained by the Department. These categories of 
records are types of data elements included in the TSDB and are shared 
with DHS and have been deemed relevant to supporting DHS's vetting and 
screening operations.
    1. Identifying biographic information, such as name, date of birth, 
place of birth, passport or driver's license information, and any other 
available identifying particulars used to compare the identity of an 
individual being screened with a subject in the TSDB;
    2. Biometric information, such as photographs, fingerprints, or 
iris images, and associated biographic and contextual information;
    3. References to, or information from, other government law 
enforcement and intelligence databases, or other relevant databases 
that may contain terrorism and/or national security information, such 
as unique identification numbers used in other systems;
    4. Information collected and compiled to maintain an audit trail of 
the activity of authorized users of WLS information systems; and
    5. System-generated information, including metadata, archived 
records and record histories from WLS.
    DHS is planning future enhancements to the WLS that will provide 
for a central mechanism to receive information from DHS components when 
they encounter a potential match to the TSDB and send this information 
to the FBI/TSC. DHS will update this SORN to reflect such enhancements 
to the WLS once that capability is implemented. All encounter-related 
information sharing from DHS to the FBI/TSC will be conducted pursuant 
to the programmatic system of records notices outlined above.
    DHS previously published a Final Rule in the Federal Register to 
exempt this system of records from certain provisions of the Privacy 
Act at 75 FR 55335, Dec. 29, 2011. DHS is publishing a new notice of 
proposed rulemaking to cover the exemptions that will now be applied to 
these new categories of individuals covered within this system of 
records. The existing Final Rule for Privacy Act exemptions continues 
to apply until the new Final Rule is published. This updated system 
will be included in DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/ALL-030 Use of the Terrorist 
Screening Database (TSDB) System of Records.
    In accordance with 5 U.S.C. Sec.  552a(r), DHS has provided a 
report of this system of records to the Office of Management and Budget 
and to Congress.
System of Records
    Department of Homeland Security (DHS)/ALL-030.

System name:
    DHS/ALL-030 Use of the Terrorist Screening Database (TSDB) System 
of Records.

Security classification:
    Unclassified.

System location:
    Records are maintained at DHS and Component Headquarters in 
Washington, DC and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    (a) Individuals known or suspected to be or have been engaged in 
conduct constituting, in preparation for, in aid of, or related to 
terrorism (``known or suspected terrorists'');
    (b) Individuals who are foreign nationals or lawful permanent 
resident aliens and who are excludable from the United States based on 
their familial relationship, association, or connection with a known or 
suspected terrorist as described in Section 212(a)(3)(B) of the 
Immigration and Nationality Act of 1952 (``INA exceptions'');
    (c) Individuals who were officially detained during military 
operations, but not as Enemy Prisoners of War, and who have been 
identified to pose an actual or possible threat to national security 
(``military detainees''); and
    (d) Individuals known or suspected to be or have been engaged in 
conduct constituting, in aid of, or related to transnational organized 
crime, thereby posing a possible threat to national security 
(``transnational organized crime actors.'')

Categories of records in the system:
    Categories of records in this system include:
    1. Identifying biographic information, such as name, date of birth, 
place of birth, passport and/or driver's license information, and other 
available identifying particulars used to compare the identity of an 
individual being screened with a subject in the TSDB;
    2. Biometric information, such as photographs, fingerprints, or 
iris images, and associated biographic and contextual information;
    3. References to or information from other government law 
enforcement and intelligence databases, or other relevant databases 
that may contain terrorism or national security information, such as 
unique identification numbers used in other systems;
    4. Information collected and compiled to maintain an audit trail of 
the activity of authorized users of WLS information systems; and
    5. System-generated information, including metadata, archived 
records and record histories from WLS.

Authority for maintenance of the system:
    Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135; 
The Tariff Act of 1930, Public Law 71-361, 46 Stat. 741, as amended; 
The Immigration and Nationality Act; 49 U.S.C. 114, 5103a, 40113, ch. 
49 and 46105; Homeland Security Presidential Directive/HSPD-6, 
``Integration and Use of Screening Information to Protect Against 
Terrorism'' (Sept. 16, 2003); Homeland Security Presidential Directive/
HSPD-11, ``Comprehensive Terrorist-Related Screening Procedures'' (Aug. 
27, 2004); National Security Presidential Directive/NSPD-59/Homeland 
Security Presidential Directive/HSPD-24, ``Biometrics for 
Identification and Screening to Enhance National Security'' (June 5, 
2008); E.O. 13388, ``Further Strengthening the Sharing of Terrorism 
Information to Protect Americans,'' 70 FR 62023 (Oct. 25, 2005); 
Intelligence Reform and

[[Page 3814]]

Terrorism Prevention Act of 2004, Public Law 108-458, 118 Stat 3638; 
National Security Act of 1947, Public Law 235, 61 Stat. 495, as 
amended; and 28 U.S.C. 533.

Purpose(s):
    DHS and its components collect, use, maintain, and disseminate 
information in the DHS Watchlist Service (WLS) to facilitate DHS 
mission-related functions, such as counterterrorism, law enforcement, 
border security, and inspection activities. TSDB data, which includes 
personally identifiable information (PII), is necessary for DHS to 
effectively and efficiently assess the risk or threat posed by a person 
for the conduct of its mission.
    The Federal Bureau of Investigation's (FBI) Terrorist Screening 
Center (TSC) provides a near real time, synchronized version of the 
TSDB to DHS in order to improve the timeliness and governance of 
watchlist data exchanged between the FBI's TSC and DHS and its 
component systems that currently use TSDB data.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ)/FBI/TSC in order to receive 
confirmations that the information has been appropriately transferred 
and any other information related to the reconciliation process so that 
DHS is able to maintain a synchronized copy of the TSDB.
    DHS will share information contained in this system to components 
internal to DHS pursuant to subsection 552a(b)(1) of the Privacy Act, 
and subsequently may be shared externally outside DHS at the 
programmatic level pursuant to routine uses described in the following 
published system of records notices:
    (1) DHS/TSA-002 Transportation Security Threat Assessment System 
(T-STAS), 79 FR 46862, Aug. 11, 2014;
    (2) DHS/TSA-019 Secure Flight Records, 80 FR 223, Jan. 5, 2015;
    (3) DHS/CBP-011 TECS, 73 FR 77778, Dec. 19, 2008;
    (4) DHS/CBP-006, Customs and Border Protection Automated Targeting 
System, 77 FR 30297, May 22, 2012;
    (5) DHS/US-VISIT-004, DHS Automated Biometric Identification System 
(IDENT), 72 FR 31080, June 5, 2007;
    (6) DHS/IA-001, Office of Intelligence and Analysis (I&A) 
Enterprise Records System, 73 FR 28128, May 15, 2008;
    (7) DHS/ICE-009, ICE External Investigations, 75 FR 404, Jan. 5, 
2010; and
    (8) DHS/USCIS-006 Fraud Detection and National Security Records, 77 
FR 47411, Aug. 8, 2012.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on servers, magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    DHS may retrieve records by name or other personal identifier.

Safeguards:
    DHS safeguards records in this system in accordance with applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. Strict controls have been imposed to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    The WLS maintains a near real time feed of the TSDB, and does not 
retain historical copies of the TSDB. The WLS is synchronized with the 
TSDB. When the FBI/TSC adds, modifies, or deletes data from the TSDB, 
the WLS duplicates these functions almost simultaneously, and that 
information is then passed to DHS and its authorized component systems. 
DHS does not manipulate the data within the TSDB feed received by WLS. 
The authorized DHS component that is screening individuals will 
maintain, separate from the WLS, a record of a match or possible match 
with the TSDB and DHS will retain this information in accordance with 
the DHS component specific SORNs identified in this notice.

System Manager and address:
    Executive Director, Passenger Systems Program Directorate, Office 
of Information and Technology, U.S. Customs and Border Protection, 7400 
Fullerton Rd, Springfield, VA 22153.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, DHS and its components 
will consider individual requests to determine whether or not 
information may be released. Thus, individuals seeking notification of 
and access to any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
Headquarters or component FOIA Officer, whose contact information can 
be found at http://www.dhs.gov/foia under ``contacts.'' If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her the individual may submit the request to 
the Chief Privacy Officer and Chief 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.
    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

[[Page 3815]]

conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.
    In addition, if individuals are uncertain what agency handles the 
information, they may seek redress through the DHS Traveler Inquiry 
Redress Program (DHS TRIP), 72 FR 2294, Jan. 18, 2007. Individuals who 
believe they have been improperly denied entry, refused boarding for 
transportation, or identified for additional screening by DHS may 
submit a redress request through DHS TRIP. The DHS TRIP is a single 
point of contact for individuals who have inquiries or seek resolution 
regarding difficulties they experienced during their travel screening 
at transportation hubs such as airports and train stations or crossing 
U.S. borders. Redress requests should be sent to: DHS Traveler Redress 
Inquiry Program, 601 South 12th Street, TSA-901, Arlington, VA 20598 or 
online at http://www.dhs.gov/trip and at http://www.dhs.gov.

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

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

Record source categories:
    Records are received from the FBI's Terrorist Screening Center, 
specifically records covered by DOJ/FBI-019 Terrorist Screening Records 
System, 72 FR 47073, Aug. 22, 2007.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
the following provisions of the Privacy Act, subject to the limitations 
set forth in 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g) 
pursuant to 5 U.S.C. 552a(j)(2). Additionally, the Secretary of 
Homeland Security has exempted this system from the following 
provisions of the Privacy Act, subject to the limitation set forth in 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and 
(f) pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).

    Dated: January 12, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-01167 Filed 1-21-16; 8:45 am]
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