[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Editorial Note: The Department of Homeland Security came into
existence on January 24, 2003. Many of its organizational elements
were transferred in whole or in part from other agencies. As of
December 31, 2003, the Department had not yet issued a complete
publication of all of its systems of records. The systems of records
shown below reflect only those Privacy Act documents published in the
Federal Register under the name of the Department of Homeland
Security between January 24, 2003 and December 31, 2003.
Table of Contents
DHS/ICE CBP-001-03
DHS/ICE-CBP-CIS-001-03
DHS/TSA-001 ransportation Security Enforcement Record System
(TSERS).
DHS/TSA-002 Transportation Workers Employment Investigations
System (TWEI).
DHS/TSA-004 Personnel Background Investigation File System.
DHS/TSA-005 Internal Investigation Record System (IRS).
DHS/TSA-006 Correspondence and Matters Tracking Records (CMTR).
DHS/TSA-007 Freedom of Information Act and Privacy Act Record
System.
DHS/TSA-009 General Legal Records (GLR).
DHS/TSA-012 Transportation Worker Identification Credentialing
(TWIC) System.
DHS/TSA-013 Federal Flight Deck Officer Record System (FFDORS).
Source: 68 FR 4056, Jan. 27, 2003, unless otherwise noted.
DHS/ICE CBP-001-03
System name:
Arrival and Departure Information System (ADIS).
System location:
Department of Homeland Security (DHS) field offices for the U.S.
Immigration and Customs Enforcement (ICE), Bureau of Customs and
Border Protection (CBP), and the U.S. Citizenship and Immigration
Services (USCIS); Service Centers; Border Patrol Sectors (including
all offices under their jurisdiction); Ports of Entry; Asylum offices
and other offices as detailed in DHS-DS-999, last published in the
Federal Register on October 17, 2002 (67 FR 64136) and on the web
page of each bureau (i.e., http://www.bice.immigration.gov, http://
www.bcbp.gov, and http://www.uscis.immigration.gov); Office of
National Risk Assessment (ONRA).
Categories of individuals covered by the system:
The ADIS database contains arrival/departure, biographic and
biometric indicator information on immigrants and nonimmigrants
entering and departing the United States. The ADIS database contains
biographic arrival/departure information on legal permanent
residents. Although this system primarily consists of immigrants,
nonimmigrants and Lawful Permanent Residents, some of them may change
status and become Lawful Permanent Residents and U.S. citizens. For
the purposes of the U.S. Visitor Immigrant Status Indicator
Technology (US-VISIT) program, non-U.S. citizens who present
themselves for entry into and/or exit from the United States
including individuals subject to the requirements and processes of
US-VISIT are included in ADIS. Individuals covered under US-VISIT
include those who are not U.S. citizens or Lawful Permanent Residents
at the time of entry or exit or are U.S. citizens or Lawful Permanent
Residents who have not identified themselves as such at the time of
entry or exit.
Categories of records in the system:
The ADIS database is a centralized application designed to
create, update and report immigrants' and nonimmigrants' arrivals and
departures to and from the United States. The system also contains
biographic, biometric indicator and address information.
Authority for maintenance of the system:
8 U.S.C. 1365a.
Purpose(s):
This system of records is established and maintained to enable
DHS to carry out its assigned national security, law enforcement,
immigration control, national security and other mission-related
functions and to provide associated management reporting, planning
and analysis. Specifically, the ADIS database is a system of records
tracking immigrants, nonimmigrants and Lawful Permanent Residents
arriving in and departing from the United States. It enables the
Secretary of Homeland Security to identify, through on-line searching
procedures, lawfully admitted nonimmigrants who remain in the United
States beyond the period of authorized stay, and to analyze
information gathered for the purpose of this and other DHS programs.
In addition to arrival and departure information, each record also
provides complete name, date of birth, nationality, gender, passport
number and country of issuance, country of residence, U.S. visa
number including date and place of issuance if applicable, alien
registration number if applicable, immigration status, complete
address while in the United States, and Fingerprint Identification
Number System (FINS) number. The system assists the DHS in supporting
immigration inspection at POEs by providing quick retrieval of
biographic and biometric indicator data on individuals who may be
inadmissible to the United States. Furthermore, the system interfaces
with the Student and Exchange Visitor Information System (SEVIS), the
Computer Linked Applications Information Management System (CLAIMS),
the Passenger Processing Component of the Treasury Enforcement
Communications System (TECS) and the Automated Fingerprint
Identification System (IDENT). It facilitates the investigation
process of individuals who may have violated their immigration
status.
Routine uses of records maintained in the System Including
Categories of Users and Purpose of Such Uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To appropriate government agencies or organizations(regardless
of whether they are Federal, State, local, foreign, or tribal),
lawfully engaged in collecting law enforcement intelligence
information (whether civil or criminal) and/or charged with
investigating, prosecuting, enforcing or implementing civil and/or
criminal laws, related rules, regulations or orders, to enable these
entities to carry out their law enforcement responsibilities.
B. To an attorney or representative who is acting on behalf of an
individual covered by this system of records as defined in 8 CFR
1.1(j) in any proceeding before the Executive Office for Immigration
Review.
C. In a proceeding before a court, grand jury, or adjudicative
body when records are determined by the Department of Homeland
Security to be arguably relevant to the proceeding where any of the
following is a party: (1) The DHS, or any DHS component, or
subdivision thereof; (2) any DHS employee in his or her official
capacity; (3) any DHS employee in his or her individual capacity when
the DHS has agreed to represent the employee or has authorized a
private attorney to represent him or her; and (4) the United States,
where the DHS or its components are likely to be affected.
D. To a member of Congress or staff acting on the Member's behalf
when the Member or staff requests the information on behalf of and at
the request of the individual who is the subject of the record.
E. To the General Service Administration and the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
F. To the news media and the public when there exists a
legitimate public interest in the disclosure of the information or
when disclosure is necessary to preserve confidence in the integrity
of the Department or is necessary to demonstrate the accountability
of the Department'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.
G. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for the Federal
government, when necessary to accomplish an agency function related
to this system of records.
H. To a former employee of the Department for purposes of
responding to an official inquiry by a Federal, State, or local
government entity or professional licensing authority in accordance
with applicable Department regulations, or facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
I. To a Federal, State, tribal, local or foreign government
agency in response to its request, in connection with the hiring or
retention by such agency of an employee, the issuance of a security
clearance, the reporting of an investigation of such an employee, the
letting of a contract, or the issuance of a license, grant, loan or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system
Storage:
These records are stored in a central computer database.
Retrievability:
These records may be searched on a variety of data elements
including name, place and date of entry or departure, country of
citizenship, admission number, and FINS number used to track the
particular fingerprints.
Safeguards:
The system is protected through a multi-layer security approach.
The protective strategies are physical, technical, administrative and
environmental in nature and provide access control to sensitive data,
physical access control to DHS facilities, confidentiality of
communications, authentication of sending parties, and personnel
screening to ensure that all personnel with access to data are
screened through background investigations commensurate with the
level of access required to perform their duties.
Retention and disposal:
Records will be retained for 100 years. This policy proposal for
retention and disposal of records in the ADIS database is pending
approval by the NARA.
System manager(s) and address:
Program Manager, ADIS Program Management Office, 1616 North Fort
Myer Drive, Arlington, VA 22209.
Notification procedure:
Address inquiries to the system manager identified above.
Records Access Procedure:
Since the Privacy Act applies to only U.S. citizens and legal
permanent residents, this notice covers only U.S. citizens and Lawful
Permanent Residents whose information is contained in this system.
Make all requests for access in writing and by mail to the system
manager noted above. The envelope and letter shall be clearly marked
Privacy Access Request. Include a description of the general subject
matter, the related file number if known, and any other identifying
information which may be of assistance in locating the record. To
identify a record, the requester should provide his or her full name,
date and place of birth, verification of identity in accordance with
8 CFR 103.21(b). The requester shall also provide a return address
for transmitting the records to be released.
Contesting records Procedures:
The following procedures cover only U.S. citizens and Lawful
Permanent Residents whose information is contained in this system.
U.S. citizens and Lawful Permanent Residents who wish to contest or
seek amendment of their records should direct a written request to
the system manager. The request should include the requestor's full
name, current address and date of birth, a copy of the record in
question, and a detailed explanation of the change sought. If the
matter cannot be resolved by the system manager, further appeal for
resolution may be made to the DHS Privacy Office.
Record source categories:
Basic information is obtained from individuals, the individuals'
attorney or representative, DHS and DOS officials, and other Federal,
State, and local officials.
Systems exempted from certain provisions of the act:
The Secretary of Homeland Security has exempted this system from
subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and
(H), (e)(5) and (8), and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2). In addition, the Secretary of Homeland Security has
exempted portions of this system from subsections (c)(3), (d),
(e)(1), (e)(4)(G) and (H) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2). These exemptions apply only to the extent that records in
the system are subject to exemption pursuant to 5 U.S.C. 552a(j)(2)
and (k)(2).
DHS/ICE-CBP-CIS-001-03
System name:
Enforcement Operational Immigration Records (ENFORCE/IDENT).
System Locations:
Department of Homeland Security (DHS) field offices for the U.S.
Immigration and Customs Enforcement (ICE), Bureau of Customs and
Border Protection (CBP), and the U.S. Citizenship and Immigration
Services (USCIS); Service Centers; Border Patrol Sectors (including
all offices under their jurisdiction); Ports of Entry; Asylum offices
and other offices as detailed in DHS-DS-999, last published in the
Federal Register on October 17, 2002 (67 FR 64136) and on the Web
page of each bureau (i.e., www.bice.immigration.gov, www.bcbp.gov,
and www.uscis.immigration.gov); Office of National Risk Assessment
(ONRA).
Categories of individuals covered by the system:
Categories of individuals covered by this notice may include:
A. Individuals or entities who relate in any manner to
investigations, inspections, apprehensions, detentions, patrols,
removals, examinations, naturalizations, intelligence production,
legal proceedings or other operations that implement and enforce the
Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) and
related treaties, statutes, orders and regulations. Individuals who
are respondents, representatives, or witnesses in administrative,
civil penalty, or forfeiture proceedings, or defendants,
representatives or witnesses in criminal prosecution or extradition
proceedings.
B. Individuals who are obligors or representatives of obligors of
bonds posted.
C. Individuals in distress who are located during search and
rescue operations, and other immigration operations.
D. Individuals wanted by other law enforcement agencies,
including Federal, State, local, tribal, foreign and international or
individuals who are the subject of inquiries, lookouts, or notices by
another agency or a foreign government.
E. Individuals who apply for immigration benefits.
F. Non-U.S. citizens and Non-Lawful Permanent Residents who
present themselves for entry into and/or exit from the United States
including individuals subject to the requirements and processes of
US-VISIT. Individuals covered under US-VISIT include those who are
not U.S. citizens or Lawful Permanent Residents at the time of entry
or exit or who are U.S. citizens or Lawful Permanent Residents who
have not identified themselves as such at the time of entry or exit.
G. Nationals of countries that threaten to wage war, or are or
were at war with the United States, and individuals required to
register as agents of foreign governments in the United States.
Categories of records in the system:
These records may be paper, electronic and/or other record
material (e.g., video or audio tapes) and includes biographical data,
including but not limited to name, aliases, date of birth, phone
numbers, addresses, nationality; personal descriptive data; biometric
identifiers, including but not limited to fingerprints and
photographs; any materials, information or data related to the
subject individual's case, including but not limited to immigration
history, alien registration and other identification or record
numbers, criminal history, employment history, leads, witness
statements, identity documents, evidence, seized property and
contraband; investigative and operational reports, and intelligence
summaries.
Authority for maintenance of the system:
8 U.S.C. 1103; 8 U.S.C. 1225(d)(3); 8 U.S.C. 1324(b)(3); 8 U.S.C.
1357(a); and 8 U.S.C. 1360(b).
Purpose(s):
This system of records is established and maintained to enable
DHS to carry out its assigned national security, law enforcement,
immigration control, and other mission-related functions and to
provide associated management reporting, planning and analysis.
Specifically, this system of records assists in identifying,
investigating, apprehending, and/or removing aliens unlawfully
entering or present in the United States; preventing the entry of
inadmissible aliens into the United States; facilitating the legal
entry of individuals into the United States; recording the departure
of individuals leaving the United States; maintaining immigration
control; preventing aliens from obtaining benefits to which they are
not entitled; analyzing information gathered for the purpose of this
and other DHS programs; or identifying, investigating, apprehending
and prosecuting, or imposing sanctions, fines or civil penalties
against individuals or entities who are in violation of the
Immigration and Nationality Act (INA), or other governing orders,
treaties or regulations and assisting other Federal agencies to
protect national security and carry out other Federal missions.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed, within established confidentiality guidelines (e.g.,
asylum) as follows:
A. To the appropriate agency/organization/task force, regardless
of whether it is Federal, State, local, foreign, or tribal, charged
with the enforcement (e.g., investigation and prosecution) of a law
(criminal or civil), regulation, or treaty, of any record contained
in this system of records which indicates either on its face, or in
conjunction with other information, a violation or potential
violation of that law, regulation, or treaty.
B. To other Federal, State, tribal, and local government law
enforcement and regulatory agencies and foreign governments, and
individuals and organizations during the course of an investigation
or the processing of a matter, or during a proceeding within the
purview of the immigration and nationality laws, to elicit
information required by DHS to carry out its functions and statutory
mandates.
C. To an appropriate Federal, State, local, tribal, international
government agency in response to its request, in connection with the
hiring or retention by such an agency of an employee, the issuance of
a security clearance, the reporting of an investigation of such an
employee, the letting a contract, or the issuance of a license,
grant, loan, or other benefit by the requesting agency, to the extent
that the information is relevant and necessary to the requesting
agency's decision in the matter.
D. To an actual or potential party or to his or her attorney for
the purpose of negotiation or discussion on such matters as
settlement of the case or matter, or discovery proceedings.
E. To a Federal, State, tribal or local government agency to
assist such agencies in collecting the repayment or recovery of
loans, benefits, grants, fines, bonds, civil penalties, judgments or
other debts owed to them or to the United States Government, and/or
to obtain information that may assist DHS in collecting debts owed to
the United States government.
F. To the news media and the public when there exists a
legitimate public interest in the disclosure of the information or
when disclosure is necessary to preserve confidence in the integrity
of the Department or is necessary to demonstrate the accountability
of the Department'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.
G. To a Member of Congress, or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of
and at the request of the individual who is the subject of the
record.
H. To the General Services Administration (GSA) and National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
I. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for the Federal
Government, when necessary to accomplish an agency function related
to this system of records.
J. To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable department regulations; or facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Information can be stored in case file folders, cabinets, safes,
or a variety of electronic or computer databases and storage media.
Retrievability:
Records may be retrieved by name; identification numbers
(including but not limited to alien number, fingerprint
identification number, etc.); case related data and/or combination of
other personal identifiers such as date of birth, nationality, etc.
Safeguards:
The system is protected through multi-layer security mechanisms.
The protective strategies are physical, technical, administrative and
environmental in nature and provide access control to sensitive data,
physical access control to DHS facilities, confidentiality of
communications, authentication of sending parties, and personnel
screening to ensure that all personnel with access to data are
screened through background investigations commensurate with the
level of access required to perform their duties.
Retention and disposal:
The following proposal for retention and disposal is pending
approval with NARA:
Records that are stored in an individual's file will be purged
according to the retention and disposition guidelines that relate to
the individuals file (DHS/ICE/BCIS-001A). Electronic records for
which the statute of limitations has expired for all criminal
violations and that are older than 75 years will be purged.
Fingerprint cards, created for the purpose of entering records in the
database, will be destroyed after data entry. The I-877, and copies
of supporting documentation, which are created for the purpose of
special alien registration back-up procedures, will be destroyed
after data entry. Work Measurement Reports and Statistical Reports
will be maintained within the guidelines set forth in NCI-95-78-5/2
and NCI-85-78-1/2 respectively. Finally, user manuals are retained
for the life of the system or until changes are made to the system,
which ever comes first, and then destroyed.
System manAGER AND ADDRESS:
Program Manager, ENFORCE/IDENT Program Management Office, 1616
North Fort Myer Drive, Arlington, VA 22209.
Notification procedure:
Inquiries should be addressed to the FOIA/PA officer at the
office where the record is maintained or to the Chief, Information
Disclosure Mission Support, Office of Investigations at 425 I Street,
NW, Washington, DC 20536.
Comment to Department's Privacy Office Procedure:
Comments to the Department's Privacy Office should include the
notice number as the subject line of email or letter and be addressed
to [email protected] or Privacy Office, DHS, Washington, DC 20528.
RECORD ACCESS PROCEDURE:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). To the extent that this
system of records is not subject to exemption, it is subject to
access. A determination as to the granting or denial of access shall
be made at the time a request is received. Requests for access to
records in this system must be in writing, and should be addressed to
the System Manager noted above or to the appropriate FOIA/PA Officer.
Such request may be submitted either by mail or in person. The
envelope and letter shall be clearly marked ``Privacy Access
Request.'' To identify a record, the record subject should provide
his or her full name, date and place of birth; if appropriate, the
date and place of entry into or departure from the United States;
verification of identity (in accordance with 8 CFR 103.21(b) and/or
pursuant to 28 U.S.C. 1746, make a dated statement under penalty of
perjury as a substitute for notarization), and any other identifying
information that may be of assistance in locating the record. He or
she shall also provide a return address for transmitting the records
to be released.
Contesting record procedures:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to the granting or denial of a
request shall be made at the time a request is received. An
individual desiring to request amendment of records maintained in
this system should direct his or her request to the System Manager of
the appropriate office that maintains the record or (if unknown) to
the appropriate FOIA/PA Officer at each bureau. The request should
state clearly what information is being contested, the reasons for
contesting it, and the proposed amendment to the information.
Record source categories:
Basic information contained in this system is supplied by
individuals covered by this system, and other Federal, state, local,
tribal, or foreign governments; private citizens, public and private
organizations.
Systems exempted from certain provisions of the act:
The Secretary of Homeland Security has exempted this system from
subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and
(H), (e)(5) and (8), and (g) of the Privacy Act pursuant to 5 U.S.C.
552a (j)(2). In addition, the Secretary of Homeland Security has
exempted portions of this system from subsections (c)(3), (d),
(e)(1), (e)(4)(G) and (H) of the Privacy Act pursuant to 5 U.S.C.
552a (k)(2). These exemptions apply only to the extent that records
in the system are subject to exemption pursuant to 5 U.S.C. 552a
(j)(2) and (k)(2).
Dated: December 8, 2003.
Nuala O'Connor Kelly,
Chief Privacy Officer.
DHS/TSA 001
System name:
Transportation Security Enforcement Record System (TSERS)
Security classification:
Classified, sensitive.
System location:
Records are maintained in the Office of Chief Counsel and in the
Office of the Assistant Administrator for Aviation Operations,
Transportation Security Administration (TSA) Headquarters in
Arlington, Virginia. Records will also be maintained at the various
TSA field offices.
Categories of individuals covered by the system:
Owners, operators, and employees in all modes of transportation
for which TSA has security-related duties; witnesses; passengers
undergoing screening of their person or property; and individuals
against whom investigative, administrative, or legal enforcement
action has been initiated for violation of certain Transportation
Security Administration Regulations (TSR), relevant provisions of 49
U.S.C. Chapter 449, or other laws.
Categories of records in the system:
Information related to the screening of passengers and property
and the investigation or prosecution of any alleged violation,
including name of and demographic information about alleged violators
and witnesses; 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; 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.
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 a civil enforcement
and inspections system for all modes of transportation for which TSA
has security related duties. They may be used, generally, to
identify, review, analyze, investigate, and prosecute violations or
potential violations of transportation security laws. They may also
be used to record the details of TSA security-related activity, such
as passenger or baggage screening.
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 and its
operating administrations 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 a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and lawsuits
involving matters over which TSA exercises jurisdiction.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) To the news media in accordance with the guidelines
contained in 28 CFR 50.2, which relate to civil and criminal
proceedings.
(17) To any agency or instrumentality charged under applicable
law with the protection of the public health or safety under exigent
circumstances where the public health or safety is at risk.
(18) To the Department of Justice, United States Attorney's
Office, or other Federal agencies for further collection action on
any delinquent debt when circumstances warrant.
(19) To a debt collection agency for the purpose of debt
collection.
Disclosure to consumer reporting agencies:
Privacy Act information may be reported to consumer reporting
agencies pursuant to 5 U.S.C. 552a(b)(12) 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 account
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 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(s) 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).
DHS/TSA 002
System name:
Transportation Workers Employment Investigations System (TWEI).
Security classification:
Classified, Sensitive.
System location:
Records are maintained at the offices of the Transportation
Security Administration (TSA) Headquarters in Arlington, Virginia.
Some records may also be maintained at the offices of a TSA
contractor, or in TSA field offices.
Categories of individuals covered by the system:
(a) Individuals who require or seek access to airport secured or
sterile areas; have unescorted access authority to a security
identification display area (SIDA); have authority to grant others
unescorted access to a SIDA; are seeking unescorted access authority
to a SIDA; are seeking to have authority to grant others unescorted
access to a SIDA; have regular escorted access to a SIDA; or are
seeking regular escorted access to a SIDA.
(b) Individuals who have or are seeking responsibility for
screening passengers or carry-on baggage, and those persons serving
as immediate supervisors and the next supervisory level to those
individuals, other than employees of the TSA who perform or seek to
perform these functions.
(c) Individuals who have or are seeking responsibility for
screening checked baggage or cargo, and their immediate supervisors,
other than employees of the TSA who perform or seek to perform these
functions.
(d) Individuals who have or are seeking the authority to accept
checked baggage for transport on behalf of an aircraft operator that
is required to screen passengers.
(e) Pilots, flight engineers, flight navigators, and flight
attendants assigned to duty in an aircraft during flight time for an
aircraft operator that is required to adopt and carry out a security
program.
(f) Individuals who have or are seeking access to a
transportation facility in the maritime or land transportation
system.
(g) Other individuals who are connected to the transportation
industry for whom TSA conducts background investigations to ensure
transportation security.
Categories of records in the system:
TSA's system may contain any or all of the following: (a) Name;
(b) address; (c) social security number; (d) date of birth; (e) name
and submitting office number of the airport, aircraft operator, or
maritime or land transportation operator submitting the individual's
information; (f) control number associated with identification
credential; (g) OPM case number; (h) other data as required by Form
FD 258 (fingerprint card); (i) dates of submission and transmission
of the information, as necessary to assist in tracking submissions,
payments, and transmission of records; (j) identification records
obtained from the Federal Bureau of Investigation (FBI), which are
compilations of criminal history record information pertaining to
individuals who have criminal fingerprints maintained in the FBI's
Fingerprint Identification Records System (FIRS); (k) data gathered
from foreign governments that are necessary to address security
concerns in the aviation, maritime, or land transportation systems;
(l) information provided by the Central Intelligence Agency; (m)
other information provided by the information systems of other
Federal, State, and local governmental agencies; and (n) fingerprint
and/or other biometric identifier.
Authority for maintenance of the system:
49 U.S.C. 114, 5103a, 44936, 46105; Section 102, Pub. L. 107-295
(Maritime Transportation Security Act of 2002); Section 1012, Pub. L.
107-56 (USA PATRIOT Act).
Purpose(s):
(a) To facilitate the performance of secured access background
checks and other employment investigations, including fingerprint-
based criminal history records checks (CHRCs), which Federal law and
TSA regulations require for the individuals identified in
``Categories of individuals covered by the system'' above.
(b) To assist in the management and tracking of the status of
secured access background checks and other employment investigations.
(c) To permit the retrieval of the results of secured access
background checks and other employment investigations, including
criminal history records checks and searches in other governmental
identification systems, performed on the individuals covered by this
system.
(d) To permit the retrieval of information from other law
enforcement and intelligence databases on the individuals covered by
this system.
(e) To track the fees incurred and payment of those fees by the
airport operators, aircraft operators, and maritime and land
transportation operators for services related to the secured access
background checks and other employment investigations.
(f) To facilitate the performance of other investigations that
TSA may provide to ensure transportation security.
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 and its
operating administrations 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 a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Office of Personnel Management (OPM), the FBI, and
other government agencies, as necessary, to conduct the background
check or employment investigation and to facilitate payment and
accounting.
(12) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and lawsuits
involving matters over which TSA exercises jurisdiction.
(13) 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.
(14) 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.
(15) 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.
(16) 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:
In electronic storage media and hard copy.
Retrievability:
Information can be retrieved by name, social security number,
submitting office number (SON), OPM case number, or other unique
number assigned to the individual.
Safeguards:
All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. These
safeguards include restricting access to those authorized with a
need-to-know; using locks, alarm devices, and passwords; and
encrypting data communications.
Retention and disposal:
National Archives and Records Administration approval is pending
for the records in this system.
System manager(s) and address:
Director of the Credentialing Program Office, TSA Headquarters,
East Tower, 11th Floor, 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 procedures:
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 Procedures,'' and ``Record Access
Procedures'' above.
Record source categories:
Information is collected from individuals subject to a secured
access background check or other employment investigation and from
aviation, maritime, and land transportation operators. Information is
also collected from domestic and international intelligence sources,
including the Central Intelligence Agency, and other governmental,
private and public databases. The sources of information in the
criminal history records obtained from the FBI are set forth in the
Privacy Act system of records notice ``JUSTICE/FBI-009.''
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2).
DHS/TSA 004
System name:
Personnel Background Investigation File System
Security classification:
Classified, Sensitive.
System location:
Records are maintained at the offices of the Transportation
Security Administration Headquarters located in Arlington, Virginia.
Some records may also be maintained at the offices of a TSA
contractor, or in TSA field offices.
Categories of individuals covered by the system:
Current and former TSA employees, applicants for TSA employment,
and TSA contract employees.
Categories of records in the system:
The system contains an index reference record used to track the
status of an applicant's background investigation, Standard Form
85P--``Questionnaire For Public Trust Positions,'' investigative
summaries and compilations of criminal history record checks, and
administrative records and correspondence incidental to the
background investigation process.
Authority for maintenance of the system:
5 U.S.C. 3301, 3302; 49 U.S.C. 114, 44935; 5 CFR parts 731, 732,
and 736; and Executive Orders 10450, 10577, and 12968.
Purpose(s):
The system will maintain investigative and background records
used to make suitability and eligibility determinations for the
individuals listed under ``Categories of individuals.''
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 and its
operating administrations 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) Except as noted in Question 14 of the Questionnaire for
Public Trust Positions, 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
record for which they have been engaged. Such recipients shall be
required to comply with the Privacy Act, 5 U.S.C. 552a, as amended.
(4) To a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and lawsuits
involving matters over which TSA exercises jurisdiction.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) To any agency or instrumentality charged under applicable
law with the protection of the public health or safety under exigent
circumstances where the public health or safety is at risk.
Disclosure to consumer reporting agencies:
None.
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, and social security
account number or other assigned tracking identifier of the
individual on whom the records are maintained.
Safeguards:
Access to TSA working and storage areas is restricted to
employees on a ``need to know'' basis. Strict control measures are
enforced to ensure that access to these records is also based on
``need to know.'' Generally, TSA file areas are locked after normal
duty hours and the facilities are protected from the outside by
security personnel.
Retention and disposal:
Paper records and information stored on electronic storage are
destroyed upon notification of death or not later than 5 years after
separation or transfer of employee or no later than 5 years after
contract relationship expires, whichever is applicable.
System manager(s) and address:
Director of the Credentialing Program Office, TSA Headquarters,
East Tower, 11th Floor, 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 procedures:
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 job
applicant on the Questionnaire For Public Trust Positions, law
enforcement and intelligence agency record systems, publicly
available government records and commercial data bases.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(5).
DHS/TSA 005
System name:
Internal Investigation Record System (IIRS).
Security classification:
Classified, sensitive.
System location:
Records are maintained in the Office of the Assistant
Administrator for Internal Affairs and Program Review, Transportation
Security Administration (TSA) Headquarters in Arlington, Virginia.
Records may also be maintained at TSA's Office of Chief Counsel, the
Office of the Assistant Administrator for Aviation Operations, or at
various TSA field offices.
Categories of individuals covered by the system:
(a) Current and former TSA employees and current and former
consultants, contractors, and subcontractors with whom the agency has
done business, and their employees; (b) Witnesses, complainants, and
other individuals who have been identified as relevant to the
investigation.
Categories of records in the system:
(a) Information relating to investigations, including identifying
information related to the parties to the investigation (e.g.,
subject, complainants, witnesses); correspondence; memoranda
(including legal opinions or advice provided by agency counsel);
statements and other information provided by investigation subjects,
complainants, witnesses, or others; and details of alleged criminal,
civil, or administrative misconduct, or otherwise indicative of such
misconduct, by TSA employees.
(b) Investigative files and reports prepared by the Office of
Internal Affairs and Program Review, to include all related material
such as exhibits, statements, affidavits, records obtained during the
course of the investigation (including those obtained from other
sources, such as Federal, State, local, international, or foreign
investigatory or law enforcement agencies and other government
agencies), and records involving the disposition of the investigation
and any resulting agency action (e.g., criminal prosecutions, civil
proceedings, administrative action).
Authority for maintenance of the system:
49 U.S.C. 114.
Purpose(s):
(a) To facilitate and assist in the management, tracking, and
retrieval of investigations of allegations or appearances of
misconduct (and related incidents) of current or former TSA employees
or contractors.
(b) To promote economy, efficiency, and effectiveness of the
Internal Investigation system, to conduct and supervise
investigations covered by this system, and to detect fraud and abuse
in the investigations program.
(c) To provide support for any adverse action that may occur as a
result of the findings of the investigation.
(d) To monitor case assignment, disposition, status, and results
of investigations.
(e) To permit the retrieval of investigation results performed on
the individuals covered in this system.
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 and its
operating administrations 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 a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and lawsuits
involving matters over which TSA exercises jurisdiction.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) To complainants to the extent necessary to provide such
persons with relevant information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters about which they complained.
(17) To professional organizations or associations with which
individuals covered by this system of records may be affiliated, such
as law enforcement disciplinary authorities, to meet those
organizations' responsibilities in connection with the administration
and maintenance of standards of conduct and discipline.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
In electronic storage media and hard copy.
Retrievability:
Records are retrieved by name, a unique number assigned by the
Office of Internal Affairs and Program Review, or other assigned
tracking 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
those authorized with a need to know and using locked cabinets,
alarms, and passwords. 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. The request states that paper records
and information stored on electronic storage media are maintained
within the Office of Internal Affairs and Program Review for 3 years
and then forwarded to the Federal Records Center. Records are
destroyed after 15 years.
System manager(s) and address:
Management Analyst, Office of Internal Affairs and Program
Review, TSA Headquarters, West Tower, 3rd Floor, TSA-13, 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's Privacy Act regulations on verification of identity (6 CFR
5.21(d)).
Contesting record procedures:
Same as ``Notification Procedure'' and ``Record Access
Procedure,'' above.
Record source categories:
Information maintained in this system is primarily obtained from
individuals associated with the investigation of alleged misconduct
of TSA employees or contractors, to include the employee, other TSA
employees or contractors, witnesses to the alleged violation or
events surrounding the alleged misconduct, or other third parties who
provided information regarding the alleged misconduct. Information
may also be collected from documents such as incident reports and
audit reports, and from other sources, such as law enforcement,
financial institutions, employers, 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).
DHS/TSA 006
System name:
Correspondence and Matters Tracking Records (CMTR)
Security classification:
Sensitive, Classified.
System location:
Records are maintained at Transportation Security Administration
(TSA) Office of the Executive Secretariat, TSA Headquarters in
Arlington, Virginia. Records may also be located at the Office of
Legislative Affairs, and the Office of the Ombudsman (which includes
the Consumer Response Center (CRC)), to the extent those offices
maintain matter tracking information. Records may also be maintained
in other offices at TSA Headquarters and at the various TSA field
offices.
Categories of individuals covered by the system:
To the extent not covered by any other system, this system covers
individuals who submit inquiries, comments, complaints, or claims to
TSA in writing, in person, or by telephone, for response and
resolution and those with any matter pending before TSA. This
includes TSA employees, Members of Congress and their staff, officers
and employees of other Executive branch agencies and the White House,
tort and property claimants who have filed claims against the
Government or TSA, stakeholders, passengers in transportation, and
members of the public.
Categories of records in the system:
Correspondence and information related thereto, including name,
address, and telephone number of individuals contacting TSA; records
of contacts made by or on behalf of individuals, including inquiries,
comments, complaints, resumes and letters of reference; staff
reports; TSA's responses to correspondence and calls; and staff
recommendations on actions requiring approval or action by a TSA
official. The system also includes records, including those prepared
by TSA employees, related to matters under consideration by TSA.
Authority for maintenance of the system:
49 U.S.C. 114; 5 U.S.C. 301.
Purpose(s):
(a) To facilitate and assist in the management, tracking,
retrieval, and response to incoming correspondence, inquiries,
claims, and complaints associated with all subject matters over which
TSA exercises jurisdiction.
(b) To monitor assignment, disposition, status, and results of
correspondence, inquiries, claims, and complaints sent to TSA and,
generally, to review, analyze, investigate, and study trends
identified by the concerns expressed.
(c) To facilitate and assist in the management, tracking, and
retrieval of information associated with matters and issues under
consideration by TSA.
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 and its
operating administrations 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 nternational 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 a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and law suits
involving matters over which TSA exercises jurisdiction.
(12) 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.
(13) 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.
(14) 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.
(15) To the Attorney General of the United States or his/her
official designee, that 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.
(16) To the DOJ, United States Attorney's Office, or other
federal agencies for further collection action on any delinquent debt
when circumstances warrant.
(17) To a debt collection agency for the purpose of debt
collection.
Disclosure to consumer reporting agencies:
Privacy Act information may be reported to consumer reporting
agencies pursuant to 5 U.S.C. 552a(b)(12) for the purpose of
collecting a debt on behalf of the United States Government.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
In electronic storage media and hard copy. Records that are
sensitive or classified are safeguarded in accordance with agency
procedures, and applicable Executive Orders and statutes.
Retrievability:
Records are retrieved by name, social security account number or
other assigned identifier of an individual covered by this system.
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 have a need-to-know and password protection
identification features. TSA file areas are locked after normal duty
hours and the facilities are protected from the outside by security
personnel.
Retention and disposal:
A request is pending for National Archives and Records
Administration approval for the retention and disposal of records in
this system.
System manager(s) and address:
Director, Office of the Executive Secretariat, TSA Headquarters,
West Tower, 12th Floor, 1206S, 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 the description of the 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's Privacy Act regulations on verification of
identity. (6 CFR 5.21(d)).
Contesting record procedures:
Same as ``Notification Procedure'' and ``Record Access
Procedure'' above.
Record source categories:
Information contained in this system is obtained from calls and
correspondence from or on behalf of individuals who contact TSA with
inquiries, comments, complaints, or claims, as well as from TSA
employees or contractors and witnesses, and other third parties who
provide pertinent information where applicable. Information may also
be collected from documents such as records of the contact made with
TSA, incident reports, and from other sources, such as employers,
state and local agencies, other Federal agencies, and related
material for background as appropriate.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2).
DHS/TSA 007
System name:
Freedom of Information Act and Privacy Act Record System.
Security classification:
Classified, sensitive.
System location:
This system of records is located in the Freedom of Information
Act Office, Office of Law Enforcement and Security Liaison,
Transportation Security Administration (TSA) Headquarters in
Arlington, Virginia. Records will also be maintained at various TSA
field offices.
Categories of individuals covered by the system:
All individuals who submit Freedom of Information Act (FOIA) and
Privacy Act (PA) requests to TSA; individuals whose requests and/or
records have been referred to TSA by other agencies; and in some
instances, attorneys or other persons representing individuals
submitting such requests and appeals, individuals who are the
subjects of such requests, and/or TSA personnel assigned to handle
such requests or appeals.
Categories of records in the system:
Records received, created, or compiled in response to FOIA/PA
requests or appeals, including: The original requests and
administrative appeals; intra- or inter-agency memoranda,
correspondence, notes and other documentation related to the
processing of the FOIA/PA request; correspondence with the
individuals or entities that submitted the requested records,
including when those records might contain confidential business
information or personal information; and copies of the requested
records. Types of information in the records may include: requesters'
and their attorneys' or representatives' names, addresses, telephone
numbers, and TSA FOIA case numbers; names, office telephone numbers,
and office routing symbols of TSA employees; and names, telephone
numbers, and addresses of the submitter of the information requested.
Authority for maintenance of the system:
5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 44 U.S.C. 3101.
Purpose(s):
The system is maintained for the purpose of processing access
requests and administrative appeals under the FOIA and access and
amendment requests and appeals under the PA; for the purpose of
participating in litigation arising from such requests and appeals;
and for the purpose of assisting TSA in carrying out any other
responsibilities under the FOIA or the PA.
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 and its
operating administrations 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 a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) To a Federal, State, territorial, tribal, local,
international, or foreign agency or entity for the purpose of
consulting with that agency or entity to assist TSA to make a
determination regarding access to or amendment of information, or for
the purpose of verifying the identity of an individual or the
accuracy of information submitted by an individual who has requested
access to or amendment of information.
(7) To a Federal agency or entity that furnished the record or
information for the purpose of permitting that agency or entity to
make a decision regarding access to or correction of the record or
information, or to a federal agency or entity for purposes of
providing guidance or advice regarding the handling of particular
requests.
(8) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and law suits
involving matters over which TSA exercises jurisdiction.
(9) 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.
(10) 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.
(11) 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.
(12) To the DOJ, United States Attorney's Office, or other
federal agencies for further collection action on any delinquent debt
when circumstances warrant.
(13) To a debt collection agency for the purpose of debt
collection.
(14) To the submitter or subject of a record or information to
assist TSA in making a determination as to access or amendment.
Disclosure to consumer reporting agencies:
Privacy Act information may be reported to consumer reporting
agencies pursuant to 5 U.S.C. 552a(b)(12), for the purpose of
collecting a debt on behalf of the United States.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records in this system are on paper and/or in electronic form.
Retrievability:
Records are retrieved by the name of the requester/appellant or
the attorney or other individual representing the requester, or other
identifier assigned to the request or appeal.
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 have a need-to-know; using locks, and
password protection identification features. Classified information
is appropriately stored in accordance with applicable requirements.
TSA file areas are locked after normal duty hours and the facilities
are protected from the outside by security personnel.
Retention and disposal:
Records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records
Schedule 14. Files may be retained from 2 to 6 years, depending on
the type of file. For requests that result in litigation, the files
related to that litigation will be retained for 3 years after final
court adjudication.
System manager(s) and address:
Associate Director, Freedom of Information/Privacy Act Division,
Office of Law Enforcement & Security Liaison, TSA Headquarters, West
Tower, 10th Floor, TSA-20, 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 procedures:
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's 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 those
individuals who submit requests and administrative appeals pursuant
to the FOIA and the PA; the agency records searched and identified as
responsive in the process of responding to such requests and appeals;
Departmental personnel assigned to handle such requests and appeals;
other agencies or entities that have referred to TSA requests
concerning TSA records, or that have consulted with TSA regarding
handling of particular requests; and submitters or subjects of
records or information that have provided assistance to TSA in making
access or amendment determinations.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2).
DHS/TSA 009
System name:
General Legal Records (GLR).
Security classification:
Sensitive, classified.
System location:
This system of records is located in the Office of the Chief
Counsel, Transportation Security Administration (TSA) Headquarters in
Arlington, Virginia. Records will also be maintained at various TSA
field offices.
Categories of individuals covered by the system:
TSA employees and former employees, other Federal agency
employees, members of the public, individuals involved in litigation
with TSA or involving TSA, witnesses, and to the extent not covered
by any other system, tort and property claimants who have filed
claims against the Government and individuals who are the subject of
an action requiring approval or action by a TSA official, such as
appeals, actions, training, awards, foreign travel, promotions,
selections, grievances, delegations, etc.
Categories of records in the system:
To the extent not covered by another system, records relating to
litigation by or against the U.S. Government (or litigation in which
the U.S. Government is not a party, but has an interest) resulting
from questions concerning TSA authority, criminal actions, claims,
torts, employment and sex discrimination, Rehabilitation Act,
personnel matters, contracts, foreclosures, actions against TSA
officials, criminal actions, titles to real property, other civil
matters, and records relating to requests for TSA records or the
testimony of TSA employees in state law criminal or civil litigation
in which TSA is not a party. Included are statements of claims,
documentary evidence, copies of condemnation or foreclosure
proceedings and decisions, lists of witnesses, supporting documents,
correspondence, legal opinions and memoranda and related records. The
system also includes claims by or against the Government, other than
litigation cases, arising from a transaction with TSA, and documents
related thereto, including demographic information, vouchers, witness
statements, legal decisions, and related material pertaining to such
claims.
Authority for maintenance of the system:
5 U.S.C. 301; 5 U.S.C 7301; 5 U.S.C. 7501; 28 U.S.C. 1346(b),
(c), 1402(b), 2401(b), 2412(c), 2671-80; 31 U.S.C. 3701, 3721; 42
U.S.C. 20003 et seq.; 44 U.S.C. 3101; 49 U.S.C. 114.
Purpose(s):
The system is maintained to assist attorneys in the Office of the
Chief Counsel in providing legal advice to TSA management on a wide
variety of legal issues; to respond to claims by employees, former
employees, and other individuals; to assist in the settlement of
claims against the government; to represent TSA during litigation,
and to maintain internal statistics.
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 and its
operating administrations 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 a Federal, state, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and law suits
involving matters over which TSA exercises jurisdiction.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) To the DOJ, United States Attorney's Office, or other
federal agencies for further collection action on any delinquent debt
when circumstances warrant.
(17) To a debt collection agency for the purpose of debt
collection.
Disclosure to consumer reporting agencies:
Privacy Act information may be reported to consumer reporting
agencies pursuant to 5 U.S.C. 552a(b)(12) 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 on paper and/or in electronic form.
Records that are classified are stored in accordance with applicable
executive orders and statutes.
Retrievability:
Records are retrieved by the name of an individual or by a case
number.
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 have an official need for access in order to
perform their duties and using locks and password protection
identification features. Classified information is appropriately
stored in secured safes in accordance with applicable requirements.
During normal hours of operation, all records of the Office of the
Chief Counsel are maintained in areas accessible only to authorized
personnel of TSA. 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. The records will be retained and
disposed of in accordance with the applicable provisions of the
records schedule for the Office of the Chief Counsel. Chief Counsel
office files are generally retained from 3 to 15 years, depending on
the type of file. Formal legal files and significant litigation files
are retained permanently for eventual transfer to the National
Archives of the United States.
System manager(s) and address:
Director of Operations, Office of the Chief Counsel, TSA
Headquarters, West Building, Floor 8, TSA-2 (Chief Counsel), 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 procedures:
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's 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 in this system of records is obtained from Federal
employees and former employees and other individuals involved in
litigation or other action or matter in which TSA is a party or has
an association. Information also is obtained from documents related
to such litigation, action, or matter.
Exemptions claimed from the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2).
DHS/TSA 012
System name:
Transportation Worker Identification Credentialing (TWIC) System.
Security classification:
Unclassified.
System location:
Various locations in the Philadelphia, PA/Delaware River and Los
Angeles/Long Beach, California areas, including:
Los Angeles/Long Beach area
APL, 614 Terminal Way, Terminal Island, CA.
Crowley Marine Services, Inc., Berth 86, 300 S. Harbor Blvd, San
Pedro, CA.
ICTF (Union Pacific Intermodal Container Transfer Facility), 2401
E. Sepulveda Blvd, Long Beach, CA.
LAX Security Badge Office, 7333 World Way West, Los Angeles, CA.
Long Beach Container Terminal, Inc., 1171 Pier F Avenue, Long
Beach, CA.
Port of Long Beach, 925 Harbor Plaza, Long Beach, CA.
Port of Los Angeles, 425 S. Palos Verdes St., San Pedro, CA.
Philadelphia Area
Maritime Exchange for the Delaware River and Bay, 240 Cherry St.,
Philadelphia, PA.
Port of Wilmington, 1 Hausel Road, Wilmington, DE.
Packer Avenue Marine Terminal, Philadelphia, PA.
Holt Headquarters, PO Box 8268, Philadelphia, PA.
Beckett Street Marine Terminal, 2nd and Beckett Streets, Camden,
NJ.
Philadelphia International Airport--Atlantic Aviation, Atlantic
Aviation Services.
Philadelphia International Airport, 8375 Enterprise Ave.,
Philadelphia, PA.
Philadelphia North East Airport, 182 Pension Road, Philadelphia,
PA.
Conoco Phillips Refinery, Trainer Refinery 4101 Post Road,
Trainer, PA.
PMTA ILA Hiring Hall Profile, 3001 South Front Street,
Philadelphia, PA.
Categories of individuals covered by the system:
Transportation workers and individuals, and/or authorized
visitors, participating in the Technology Evaluation and Prototype
Phase of the TWIC Program who are authorized unescorted entry to
secure transportation areas.
Categories of records in the system:
This system will contain a minimum amount of computerized
information during the technology evaluation and prototype phases of
TSA's pilot project. It is anticipated that the following records
will be created and maintained for the duration of the test: (1)
Individual's name, (2) other demographic data to include: address,
phone number, social security number, date of birth, and place of
birth, (3) administrative identification codes, unique card serial
number (4) systems identification codes, (5) company/organization or
affiliation, (6) issue date, (7) biometric data and digital
photograph, (8) access level information, and (9) expiration date.
Authority for maintenance of the system:
49 U.S.C. 114; 49 U.S.C. 44903(g); 46 U.S.C. 70105.
Purpose(s):
In cooperation with transportation facility operators, to
evaluate and test certain technologies and business processes in the
technology evaluation and prototype phases of TSA's pilot project to
develop a Transportation Workers Identification Credential to improve
access control for transportation workers requiring unescorted access
to secure areas of transportation facilities. Additionally, TSA will
collect certain data elements to support the development and
operation of site specific security plans at local transportation
facilities.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(1) 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.
(2) 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 as
an employee or a contractor, or the issuance of a security clearance
or license.
(3) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(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 international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(6) 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.
(7) 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.
(8) To the United States Department of Transportation and its
operating administrations 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.
(9) To TSA contractors, agents, 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.
(10) To third parties during the course of an investigation into
violations or potential violations of transportation security laws to
the extent necessary to obtain information pertinent to the
investigation.
(11) To airport operators, aircraft operators, and maritime and
land transportation operators about individuals who are their
employees, job applicants, or contractors, or persons to whom they
issue identification credentials or grant clearances or access to
secured areas in transportation facilities when relevant to such
employment, application, contract, the issuance of such credentials
or clearances, or access to such secure areas.
(12) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and law suits
involving matters over which TSA exercises jurisdiction.
(13) To a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper, bar code, magnetic stripe, optical memory stripe, disk,
and integrated circuit chip.
Retrievability:
Data records contained within bar codes, magnetic stripe, optical
memory stripe, disk, and/or the card's integrated circuit chip may be
retrieved by the employees' name, unique card number, or
organization; paper records, where applicable, are retrieved
alphabetically by name.
Safeguards:
Unauthorized personnel are denied physical access to the location
where records are stored. For computerized records, safeguards
established in accordance with generally acceptable information
security guidelines via use of security codes, passwords, Personal
Identification Numbers (PINs), etc.
Retention and disposal:
Record disposition authority for these records is pending at the
National Archives and Records Administration.
System manager(s) and address:
Director of the Credentialing Program Office, TSA Headquarters,
East Tower, 11th Floor, 601 S. 12th Street, Arlington, VA 22202-4220.
Notification procedure:
To determine if a record exists, write to the system manager at
the address indicated above and specify (1) individual's name, (2)
employer, (3) address where originally enrolled into the TWIC system,
and (4) date of enrollment. Individuals requesting access must comply
with Department of Homeland Security's Privacy Act regulations on
verification of identity (6 CFR 5.21(d)).
Record access procedures:
Same as notification procedure.
Contesting record procedures:
Contact the system manager named above and reasonably identify
the record and specify the information to be contested. State the
reason for contesting it (e.g., why it is inaccurate, irrelevant,
incomplete, or not current).
Record source categories:
TSA obtains information in this system from the individuals who
are covered by the system and their employers or the transportation
facility.
Systems exempted from certain provisions of the act:
None.
DHS/TSA 013
System name:
Federal Flight Deck Officer Record System (FFDORS).
Security classification:
Classified, sensitive.
System location:
Federal Flight Deck Officer (FFDO) Program records are maintained
at the offices of the Transportation Security Administration (TSA)
Headquarters in Arlington, Virginia.
Categories of individuals covered by the system:
(1) All individuals who volunteer to participate in the FFDO
program, (2) FFDO program participants, i.e., those volunteers who
are accepted into the FFDO training program and deputized as FFDOs,
and (3) former FFDO program participants.
Categories of records in the system:
This system includes all records required in connection with an
individual's voluntary participation in the program, including
records associated with FFDO application, selection, training,
participation, retention and requalification. FFDORS includes records
about individuals who applied but were not accepted into the program.
Such records may include, but are not limited to the following: (a)
Volunteer forms prepared by applicants for program participation
containing such information as work history, education, military
service, certificates of specialized training, awards and honors; (b)
copies of correspondence between the applicant and TSA, and between
TSA and other agencies, applicant places of employment, and
educational institutions, for the purposes of verifying information
provided to TSA by the applicant; (c) the FD-258 Fingerprint card,
investigative summaries, and compilations of criminal history record
checks, to include administrative records and correspondence
incidental to the background investigation process, obtained from
various law enforcement authorities; (d) results of written cognitive
and noncognitive assessments and information regarding how the
volunteer form was rated, prepared by TSA employees or contract
psychologists; (e) records regarding the TSA's final decision to
accept or reject volunteers for the FFDO program for suitability or
medical reasons, including records prepared by TSA employees, and
responses to and results of approved psychological assessments or
similar tests administered by TSA; (f) results of telephonic or in-
person interviews with program volunteers, including summary
recommendations regarding the individual's participation in the
program, prepared by TSA employees; (g) records prepared by TSA
employees related to the selection or rejection of volunteer
applicants (to include records generated as a result of any
administrative appeal of TSA's determination to reject an applicant),
and records related to recertification and decertification; (h)
records prepared by TSA employees related to training, including
academic and firearms performance; and (i) records prepared by TSA
employees related to requalification and deputation renewal.
Authority for maintenance of the system:
49 U.S.C. 114, 44921.
Purpose(s):
The purpose of this system is to maintain records necessary for
the assessment and acceptance of volunteers, and the training,
participation and recertification of deputized volunteer pilots of
air carriers providing passenger air transportation or intrastate
passenger air transportation as Federal law enforcement officers to
defend the flight decks of aircraft of such air carriers against acts
of criminal violence or air piracy.
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 and its
operating administrations 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 a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding 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.
(5) 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.
(6) 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.
(7) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to
a TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
(9) To third parties to the extent necessary to obtain
information pertinent to the individual's fitness and qualifications
for the FFDO program.
(10) To airport operators, aircraft operators, and maritime and
land transportation 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.
(11) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and lawsuits
involving matters over which TSA exercises jurisdiction.
(12) 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.
(13) 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.
(14) To the National Archives and Records Administration or
General Services Administration in records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
(15) 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 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, and social security
account number or other assigned tracking 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 have a need-to-know; using locks, alarm
devices, and passwords; and encrypting data communications. TSA file
areas are locked after normal duty hours and security personnel
protect the facilities from the outside.
Retention and disposal:
National Archives and Records Administration approval is pending
for the records in this system.
System manager(s) and address:
Director of the Credentialing Program Office, TSA Headquarters,
East Tower, 11th Floor, 601 S. 12th Street, Arlington, VA 22202-4220.
FFDO Program Manager, Office of Training and Quality Performance, TSA
Headquarters, East Tower, 12th Floor, TSA-12, TQP, 601 S. 12th
Street, Arlington, VA 22202-4220.
Notification procedure:
To determine whether this system contains records relating to
you, write to the System Managers identified above.
Record access procedures:
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 maintained in this system is primarily obtained from
the FFDO volunteer form or derived from information the applicant
supplied, reports from medical personnel on physical and
psychological results of examinations, training records, and law
enforcement and intelligence agency record systems, and individuals
interviewed as part of the background investigation.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1),
(k)(2) and
HOMELAND SECURITY DEPARTMENT
Title 6-Homeland Security
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
Subpart B--Privacy Act
5.20 General provisions.
5.21 Requests for access to records.
5.22 Responsibility for responding to requests for access to records.
5.23 Responses to requests for access to records.
5.24 Classified information.
5.25 Appeals.
5.26 Requests for amendment or correction of records.
5.27 Requests for an accounting of record disclosures.
5.28 Preservation of records.
5.29 Fees.
5.30 Notice of court-ordered and emergency disclosures.
5.31 Security of systems of records.
5.32 Contracts for the operation of record systems.
5.33 Use and collection of social security numbers.
5.34 Standards of conduct for administration of the Privacy Act.
5.35 Sanctions and penalties.
5.36 Other rights and services.
Appendix A to Part 5--FOIA/Privacy Act Offices of the Department of
Homeland Security
Appendix B to Part 5--Public Reading Rooms of the Department of Homeland
Security
Authority: Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et seq.); 5
U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also
issued under 5 U.S.C. 552a.
Subpart B--Privacy Act
Sec. 5.20 General provisions.
(a) Purpose and scope. (1) This subpart contains the rules that the
Department of Homeland Security (Department) follows under the Privacy
Act of 1974 (5 U.S.C. 552a). These rules should be read together with
the Privacy Act, which provides additional information about records
maintained on individuals. The rules in this subpart apply to all
records in systems of records maintained by the Department that are
retrieved by an individual's name or personal identifier. They describe
the procedures by which individuals may request access to records about
themselves, request amendment or correction of those records, and
request an accounting of disclosures of those by the Department. In
addition, the Department processes all Privacy Act requests for access
to records under the Freedom of Information Act (FOIA) ( 5 U.S.C. 552),
following the rules contained in subpart A of this part, which gives
requests the benefit of both statutes.
(2) The provisions established by this subpart shall apply to all
Department components that are transferred to the Department. Except to
the extent a Department component has adopted separate guidance under
the Privacy Act, the provisions of this subpart shall apply to each
component of the Department. Departmental components may issue their own
guidance under this subpart pursuant to approval by the Department.
(b) Definitions. As used in this subpart:
(1) Component means each separate bureau, office, board, division,
commission, service, or administration of the Department.
(2) Request for access to a record means a request made under Privacy
Act subsection (d)(1).
(3) Request for amendment or correction of a record means a request
made under Privacy Act subsection (d)(2).
(4) Request for an accounting means a request made under Privacy Act
subsection (c)(3).
(5) Requester means an individual who makes a request for access, a
request for amendment or correction, or a request for an accounting
under the Privacy Act.
(c) Authority to request records for a law enforcement purpose. The
head of a component or designee thereof is authorized to make written
requests under subsection (b)(7) of the Privacy Act for records
maintained by other agencies that are necessary to carry out an
authorized law enforcement activity.
(d) Notice on Departmental use of (b)(1) exemption. As a general
matter, when applying the (b)(1) exemption for disclosures within an
agency on a need to know basis, the Department will consider itself a
single entity, meaning that information may be disclosed between
components of the Department under the (b)(1) exemption.
(e) Interim Retention of Authorities. As an interim solution, all
agencies and components under the Department will retain the necessary
authority from their original purpose in order to conduct these
necessary activities. This includes the authority to maintain Privacy
Act systems of records, disseminate information pursuant to existing or
new routine uses, and retention of exemption authorities under sections
(j) and (k) of the Privacy Act, where applicable. This retention of an
agency or component's authorities and information practices will remain
in effect until this regulation is promulgated as a final rule, or the
Department revises all systems of records notices. This retention of
authority is necessary to allow components to fulfill their mission and
purpose during the transition period of the establishment of the
Department. During this transition period, the Department shall evaluate
with the components the existing authorities and information practices
and determine what revisions (if any) are appropriate and should be made
to these existing authorities and practices. The Department anticipates
that such revisions will be made either through the issuance of a
revised system of records notices or through subsequent final
regulations.
Sec. 5.21 Requests for access to records.
(a) How made and addressed. You may make a request for access to a
Department of Homeland Security record about yourself by appearing in
person or by writing directly to the Department component that maintains
the record. Your request should be sent or delivered to the component's
Privacy Act office at the address listed in appendix A to this part. In
most cases, a component's central Privacy Act office is the place to
send a Privacy Act request. For records held by a field office of the
U.S. Customs Service, U.S. Secret Service, U.S. Coast Guard, or any
other Department component with field offices, however, you must write
directly to that Customs, Secret Service, Coast Guard, or other field
office address, which can be found in most telephone books or by calling
the component's central Privacy Act office. (The functions of each
component are summarized elsewhere in this title and in the description
of the Department and its components in the ``United States Government
Manual,'' which is issued annually and is available in most libraries,
as well as for sale from the Government Printing Office's Superintendent
of Documents. This manual also can be accessed electronically at the
Government Printing Office's World Wide Web site (which can be found at
http://www.access.gpo.gov/su--docs). Some records are maintained under a
government-wide systems of records notice, for example, Official
Personnel Files are maintained under the authority of the Office of
Personnel Management. In order to access records maintained under a
government-wide notice, please send your request to the Privacy Act
office of the original department or agency from which the component was
transferred to the Department. If you cannot determine where within the
Department to send your request, you may send it to the Departmental
Disclosure Officer, Department of Homeland Security, Washington, DC
20528, and that office will forward it to the component(s) it believes
most likely to have the records that you seek. For the quickest possible
handling, you should mark both your request letter and the envelope
``Privacy Act Request.''
(b) Description of records sought. You must describe the records that
you want in enough detail to enable Department personnel to locate the
system of records containing them with a reasonable amount of effort.
Whenever possible, your request should describe the records sought, the
time periods in which you believe they were compiled, and the name or
identifying number of each system of records in which you believe they
are kept. The Department publishes notices in the Federal Register that
describe its components' systems of records. A description of the
Department's systems of records also may be found as part of the
``Privacy Act Compilation'' published by the National Archives and
Records Administration's Office of the Federal Register. This
compilation is available in most large reference and university
libraries. This compilation also can be accessed electronically at the
Government Printing Office's World Wide Web site (which can be found at
http://www.access.gpo.gov/su--docs).
(c) Agreement to pay fees. If you make a Privacy Act request for
access to records, it shall be considered an agreement by you to pay all
applicable fees charged under Sec. 5.29, up to $25.00. The component
responsible for responding to your request ordinarily shall confirm this
agreement in an acknowledgement letter. When making a request, you may
specify a willingness to pay a greater or lesser amount.
(d) Verification of identity. When you make a request for access to
records about yourself, you must verify your identity. You must state
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 by you 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 Departmental Disclosure Officer, Department of Homeland Security,
Washington, DC 20528. In order to help the identification and location
of requested records, you may also, at your option, include your social
security number.
(e) Verification of guardianship. When making a request as the parent
or guardian of a minor or as the guardian of someone determined by a
court to be incompetent, for access to records about that individual,
you must establish:
(1) The identity of the individual who is the subject of the record,
by stating the name, current address, date and place of birth, and, at
your option, the social security number of the individual;
(2) Your own identity, as required in paragraph (d) of this section;
(3) That you are the parent or guardian of that individual, which you
may prove by providing a copy of the individual's birth certificate
showing your parentage or by providing a court order establishing your
guardianship; and
(4) That you are acting on behalf of that individual in making the
request.
(f) Verification in the case of third party information requests. If
you are making a request for records concerning an individual on behalf
of that individual, you must provide a statement from the individual
verifying the identity of the individual as provided in paragraph (d) of
this section. You must also provide a statement from the individual
certifying the individual's agreement that records concerning the
individual may be released to you.
Sec. 5.22 Responsibility for responding to requests for access to
records.
(a) In general. Except as stated in paragraphs (c), (d), and (e) of
this section, the component that first receives a request for access to
a record, and has possession of that record, is the component
responsible for responding to the request. In determining which records
are responsive to a request, a component ordinarily shall include only
those records in its possession as of the date the component begins its
search for them. If any other date is used, the component shall inform
the requester of that date.
(b) Authority to grant or deny requests. The head of a component, or
the component head's designee, is authorized to grant or deny any
request for access or amendment to a record of that component.
(c) Consultations and referrals. When a component receives a request
for access to a record in its possession, it shall determine whether
another component, or another agency of the Federal Government, is
better able to determine whether the record is exempt from access under
the Privacy Act. If the receiving component determines that it is best
able to process the record in response to the request, then it shall do
so. If the receiving component determines that it is not best able to
process the record, then it shall either:
(1) Respond to the request regarding that record, after consulting
with the component or agency best able to determine whether the record
is exempt from access and with any other component or agency that has a
substantial interest in it; or
(2) Refer the responsibility for responding to the request regarding
that record to the component best able to determine whether it is exempt
from access, or to another agency that originated the record (but only
if that agency is subject to the Privacy Act). Ordinarily, the component
or agency that originated a record will be presumed to be best able to
determine whether it is exempt from access.
(d) Law enforcement information. Whenever a request is made for access
to a record containing information that relates to an investigation of a
possible violation of law and that was originated by another component
or agency, the receiving component shall either refer the responsibility
for responding to the request regarding that information to that other
component or agency or shall consult with that other component or
agency.
(e) Classified information. Whenever a request is made for access to a
record containing information that has been classified by or may be
appropriate for classification by another component or agency under
Executive Order 12958 or any other executive order concerning the
classification of records, the receiving component shall refer the
responsibility for responding to the request regarding that information
to the component or agency that classified the information, should
consider the information for classification, or has the primary interest
in it, as appropriate. Whenever a record contains information that has
been derivatively classified by a component because it contains
information classified by another component or agency, the component
shall refer the responsibility for responding to the request regarding
that information to the component or agency that classified the
underlying information.
(f) Release of Medical Records. Pursuant to 5 U.S.C. 552a(f)(3), where
requests are made for access to medical records, including psychological
records, the decision to release directly to the individual, or to
withhold direct release, shall be made by a medical practitioner. Where
the medical practitioner has ruled that direct release will cause harm
to the individual who is requesting access, normal release through the
individual's chosen medical practitioner will be recommended. Final
review and decision on appeals of disapprovals of direct release will
rest with the General Counsel.
(g) Notice of referral. Whenever a component refers all or any part of
the responsibility for responding to a request to another component or
agency, it ordinarily shall notify the requester of the referral and
inform the requester of the name of each component or agency to which
the request has been referred and of the part of the request that has
been referred.
(h) Timing of responses to consultations and referrals. All
consultations and referrals shall be handled according to the date the
Privacy Act access request was initially received by the first component
or agency, not any later date.
(i) Agreements regarding consultations and referrals. Components may
make agreements with other components or agencies to eliminate the need
for consultations or referrals for particular types of records.
Sec. 5.23 Responses to requests for access to records.
(a) Acknowledgements of requests. On receipt of a request, a component
ordinarily shall send an acknowledgement letter to the requester which
shall confirm the requester's agreement to pay fees under Sec. 5.21(c)
and provide an assigned request number for further reference.
(b) Grants of requests for access. Once a component makes a
determination to grant a request for access in whole or in part, it
shall notify the requester in writing. The component shall inform the
requester in the notice of any fee charged under Sec. 5.29 and shall
disclose records to the requester promptly on payment of any applicable
fee. If a request is made in person, the component may disclose records
to the requester directly, in a manner not unreasonably disruptive of
its operations, on payment of any applicable fee and with a written
record made of the grant of the request. If a requester is accompanied
by another person, the requester shall be required to authorize in
writing any discussion of the records in the presence of the other
person.
(c) Adverse determinations of requests for access. A component making
an adverse determination denying a request for access in any respect
shall notify the requester of that determination in writing. Adverse
determinations, or denials of requests, consist of: a determination to
withhold any requested record in whole or in part; a determination that
a requested record does not exist or cannot be located; a determination
that what has been requested is not a record subject to the Privacy Act;
a determination on any disputed fee matter; and a denial of a request
for expedited treatment. The notification letter shall be signed by the
head of the component, or the component head's designee, and shall
include:
(1) The name and title or position of the person responsible for the
denial;
(2) A brief statement of the reason(s) for the denial, including any
Privacy Act exemption(s) applied by the component in denying the
request; and
(3) A statement that the denial may be appealed under Sec. 5.25(a)
and a description of the requirements of Sec. 5.25(a).
Sec. 5.24 Classified information.
In processing a request for access to a record containing information
that is classified under Executive Order 12958 or any other executive
order, the originating component shall review the information to
determine whether it should remain classified. Information determined to
no longer require classification shall not be withheld from a requester
on the basis of Exemption (k)(1) of the Privacy Act. On receipt of any
appeal involving classified information, the Associate General Counsel
(General Law), shall take appropriate action to ensure compliance with
Part 7 of this title.
Sec. 5.25 Appeals.
(a) Appeals. If you are dissatisfied with a component's response to
your request for access to records, you may appeal an adverse
determination denying your request in any respect to the Associate
General Counsel (General Law), Department of Homeland Security,
Washington, DC 20528. You must make your appeal in writing and it must
be received by the Associate General Counsel (General Law) within 60
days of the date of the letter denying your request. Your appeal letter
may include as much or as little related information as you wish, as
long as it clearly identifies the component determination (including the
assigned request number, if known) that you are appealing. For the
quickest possible handling, you should mark both your appeal letter and
the envelope ``Privacy Act Appeal.''
(b) Responses to appeals. The decision on your appeal will be made in
writing. A decision affirming an adverse determination in whole or in
part will include a brief statement of the reason(s) for the affirmance,
including any Privacy Act exemption applied, and will inform you of the
Privacy Act provisions for court review of the decision. If the adverse
determination is reversed or modified on appeal in whole or in part, you
will be notified in a written decision and your request will be
reprocessed in accordance with that appeal decision. An adverse
determination by the Associate General Counsel (General Law) will be the
final action of the Department.
(c) When appeal is required. If you wish to seek review by a court of
any adverse determination or denial of a request, you must first appeal
it under this section. An appeal will not be acted on if the request
becomes a matter of litigation.
Sec. 5.26 Requests for amendment or correction of records.
(a) How made and addressed. Unless the record is not subject to
amendment or correction as stated in paragraph (f) of this section, you
may make a request for amendment or correction of a record of the
Department about you by writing directly to the Department component
that maintains the record, following the procedures in Sec. 5.21. Your
request should identify each particular record in question, state the
amendment or correction that you want, and state why you believe that
the record is not accurate, relevant, timely, or complete. You may
submit any documentation that you think would be helpful. If you believe
that the same record is in more than one system of records, you should
state that and address your request to each component that maintains a
system of records containing the record.
(b) Component responses. Within ten working days of receiving your
request for amendment or correction of records, a component shall send
you a written acknowledgment of its receipt of your request, and it
shall promptly notify you whether your request is granted or denied. If
the component grants your request in whole or in part, it shall describe
the amendment or correction made and shall advise you of your right to
obtain a copy of the corrected or amended record, in disclosable form.
If the component denies your request in whole or in part, it shall send
you a letter signed by the head of the component, or the component
head's designee, that shall state:
(1) The reason(s) for the denial; and
(2) The procedure for appeal of the denial under paragraph (c) of this
section, including the name and business address of the official who
will act on your appeal.
(c) Appeals. You may appeal a denial of a request for amendment or
correction to the Associate General Counsel (General Law) in the same
manner as a denial of a request for access to records (see Sec. 5.25)
and the same procedures shall be followed. If your appeal is denied, you
shall be advised of your right to file a Statement of Disagreement as
described in paragraph (d) of this section and of your right under the
Privacy Act for court review of the decision.
(d) Statements of Disagreement. If your appeal under this section is
denied in whole or in part, you have the right to file a Statement of
Disagreement that states your reason(s) for disagreeing with the
Department's denial of your request for amendment or correction.
Statements of Disagreement must be concise, must clearly identify each
part of any record that is disputed, and should be no longer than one
typed page for each fact disputed. Your Statement of Disagreement must
be sent to the component involved, which shall place it in the system of
records in which the disputed record is maintained and shall mark the
disputed record to indicate that a Statement of Disagreement has been
filed and where in the system of records it may be found.
(e) Notification of amendment/correction or disagreement. Within 30
working days of the amendment or correction of a record, the component
that maintains the record shall notify all persons, organizations, or
agencies to which it previously disclosed the record, if an accounting
of that disclosure was made, that the record has been amended or
corrected. If an individual has filed a Statement of Disagreement, the
component shall append a copy of it to the disputed record whenever the
record is disclosed and may also append a concise statement of its
reason(s) for denying the request to amend or correct the record.
(f) Records not subject to amendment or correction. The following
records are not subject to amendment or correction:
(1) Transcripts of testimony given under oath or written statements
made under oath;
(2) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings, which are the official record of those
proceedings;
(3) Presentence records that originated with the courts; and
(4) Records in systems of records that have been exempted from
amendment and correction under Privacy Act (5 U.S.C. 552a(j) or (k)) by
notice published in the Federal Register.
Sec. 5.27 Requests for an accounting of record disclosures.
(a) How made and addressed. Except where accountings of disclosures
are not required to be kept (as stated in paragraph (b) of this
section), you may make a request for an accounting of any disclosure
that has been made by the Department to another person, organization, or
agency of any record about you. This accounting contains the date,
nature, and purpose of each disclosure, as well as the name and address
of the person, organization, or agency to which the disclosure was made.
Your request for an accounting should identify each particular record in
question and should be made by writing directly to the Department
component that maintains the record, following the procedures in Sec.
5.21.
(b) Where accountings are not required. Components are not required to
provide accountings to you where they relate to:
(1) Disclosures for which accountings are not required to be kept,
such as disclosures that are made to employees within the agency and
disclosures that are made under the FOIA;
(2) Disclosures made to law enforcement agencies for authorized law
enforcement activities in response to written requests from those law
enforcement agencies specifying the law enforcement activities for which
the disclosures are sought; or
(3) Disclosures made from law enforcement systems of records that have
been exempted from accounting requirements.
(c) Appeals. You may appeal a denial of a request for an accounting to
the Associate General Counsel (General Law) in the same manner as a
denial of a request for access to records (see Sec. 5.25) and the same
procedures will be followed.
Sec. 5.28 Preservation of records.
Each component will preserve all correspondence pertaining to the
requests that it receives under this subpart, as well as copies of all
requested records, until disposition or destruction is authorized by
title 44 of the United States Code or the National Archives and Records
Administration's General Records Schedule 14. Records will not be
disposed of while they are the subject of a pending request, appeal, or
lawsuit under the Act.
Sec. 5.29 Fees.
(a) Components shall charge fees for duplication of records under the
Privacy Act in the same way in which they charge duplication fees under
Sec. 5.11.
(b) The Department shall not process a request under the Privacy Act
from persons with an unpaid fee from any previous Privacy Act request to
any Federal agency until that outstanding fee has been paid in full to
the agency.
Sec. 5.30 Notice of court-ordered and emergency disclosures.
(a) Court-ordered disclosures. When a record pertaining to an
individual is required to be disclosed by a court order, the component
shall make reasonable efforts to provide notice of this to the
individual. Notice shall be given within a reasonable time after the
component's receipt of the order, except that in a case in which the
order is not a matter of public record, the notice shall be given only
after the order becomes public. This notice shall be mailed to the
individual's last known address and shall contain a copy of the order
and a description of the information disclosed. Notice shall not be
given if disclosure is made from a criminal law enforcement system of
records that has been exempted from the notice requirement.
(b) Emergency disclosures. Upon disclosing a record pertaining to an
individual made under compelling circumstances affecting health or
safety, the component shall notify that individual of the disclosure.
This notice shall be mailed to the individual's last known address and
shall state the nature of the information disclosed; the person,
organization, or agency to which it was disclosed; the date of
disclosure; and the compelling circumstances justifying the disclosure.
Sec. 5.31 Security of systems of records.
(a) In general. Each component shall establish administrative and
physical controls to prevent unauthorized access to its systems of
records, to prevent unauthorized disclosure of records, and to prevent
physical damage to or destruction of records. The stringency of these
controls shall correspond to the sensitivity of the records that the
controls protect. At a minimum, each component's administrative and
physical controls shall ensure that:
(1) Records are protected from public view;
(2) The area in which records are kept is supervised during business
hours to prevent unauthorized persons from having access to them;
(3) Records are inaccessible to unauthorized persons outside of
business hours; and
(4) Records are not disclosed to unauthorized persons or under
unauthorized circumstances in either oral or written form.
(b) Procedures required. Each component shall have procedures that
restrict access to records to only those individuals within the
Department who must have access to those records in order to perform
their duties and that prevent inadvertent disclosure of records.
Sec. 5.32 Contracts for the operation of record systems.
Under 5 U.S.C. 552a(m), any approved contract for the operation of a
record system will contain the standard contract requirements issued by
the General Services Administration to ensure compliance with the
requirements of the Privacy Act for that record system. The contracting
component will be responsible for ensuring that the contractor complies
with these contract requirements.
Sec. 5.33 Use and collection of social security numbers.
Each component shall ensure that employees authorized to collect
information are aware:
(a) That individuals may not be denied any right, benefit, or
privilege as a result of refusing to provide their social security
numbers, unless the collection is authorized either by a statute or by a
regulation issued prior to 1975; and
(b) That individuals requested to provide their social security
numbers must be informed of:
(1) Whether providing social security numbers is mandatory or
voluntary;
(2) Any statutory or regulatory authority that authorizes the
collection of social security numbers; and
(3) The uses that will be made of the numbers.
Sec. 5.34 Standards of conduct for administration of the Privacy
Act.
Each component will inform its employees of the provisions of the
Privacy Act, including the Act's civil liability and criminal penalty
provisions. Unless otherwise permitted by law, the Department shall:
(a) Collect from individuals only the information that is relevant and
necessary to discharge the responsibilities of the Department;
(b) Collect information about an individual directly from that
individual whenever practicable and when the information may result in
adverse determinations about an individual's rights, benefits, and
privileges under federal programs;
(c) Inform each individual from whom information is collected of:
(1) The legal authority to collect the information and whether
providing it is mandatory or voluntary;
(2) The principal purpose for which the Department intends to use the
information;
(3) The routine uses the Department may make of the information; and
(4) The effects on the individual, if any, of not providing the
information;
(d) Ensure that the component maintains no system of records without
public notice and that it notifies appropriate Department officials of
the existence or development of any system of records that is not the
subject of a current or planned public notice;
(e) Maintain all records that are used by the Department in making any
determination about an individual with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to ensure
fairness to the individual in the determination;
(f) Except as to disclosures made to an agency or made under the FOIA,
make reasonable efforts, prior to disseminating any record about an
individual, to ensure that the record is accurate, relevant, timely, and
complete;
(g) Maintain no record describing how an individual exercises his or
her First Amendment rights, unless it is expressly authorized by statute
or by the individual about whom the record is maintained, or is
pertinent to and within the scope of an authorized law enforcement
activity;
(h) When required by the Privacy Act, maintain an accounting in the
specified form of all disclosures of records by the Department to
persons, organizations, or agencies;
(i) Maintain and use records with care to prevent the unauthorized or
inadvertent disclosure of a record to anyone.
Sec. 5.35 Sanctions and penalties.
Under the provisions of the Privacy Act, 5 U.S.C. 552a, civil and
criminal penalties may be assessed.
Sec. 5.36 Other rights and services.
Nothing in this subpart shall be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under the Privacy Act.
Appendix A to Part 5--FOIA /Privacy Act Offices of the Department of
Homeland Security
I. For the following Headquarters components of the Department of
Homeland Security, FOIA and Privacy Act requests should be sent to the
Departmental Disclosure Office, Department of Homeland Security,
Washington, DC 20528. The Headquarters components are:
A
Office of the Secretary
Office of the Deputy Secretary
Office of the Under Secretary for Management
B
Office of the General Counsel
Office of the Inspector General
Office of International Affairs
Office of Legislative Affairs
Office of Public Affairs
Office of National Capital Region Coordination
Office of Professional Responsibility
Office for State and Local Government Coordination
C
Directorate of Border and Transportation Security
Directorate of Emergency Preparedness and Response
Directorate of Information Analysis and Infrastructure Protection
Directorate of Science and Technology
II. Requests made to components that have transferred or will transfer
into the Department of Homeland Security, should be sent as follows:
A. Former components of the Department of Agriculture:
1. Animal and Plant Health Inspection Service, USDA, APHIS, LPA, FOIA,
4700 River Road, Unit 50, Riverdale, MD 20737-1232
2. Plum Island Animal Disease Center; Submit request to the APHIS
address above or, FOIA Coordinator, USDA-REE-ARS-Information Staff,
5601 Sunnyside Avenue, Bldg. 1, Room 2248, Mail Stop 5128,
Beltsville, MD 20705-5128
B. Former components of the Department of Commerce:
1. Critical Infrastructure Assurance Office (A former office of the
Bureau of Industry and Security); Freedom of Information
Coordinator, Bureau of Industry and Security, Room 6883, U.S.
Department of Commerce, Washington, DC 20230
2. FIRESTAT (formerly the Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration), National Oceanic
and Atmospheric Administration, Public Reference Facility (OFAx2),
1315 East-West Highway (SSMC3), Room 10703, Silver Spring, MD 20910
C. Former components of the Department of Defense:
1. National Communications Service (A former component of the Defense
Information Systems Agency), Defense Information Systems Agency,
ATTN: RGC/FOIA Officer, 701 S. Courthouse Rd., Arlington, VA 22204-
2199
D. Former components and programs of the Department of Energy:
The address for each component and program listed below is: U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585
1. Energy Assurance Office
2. Environmental Measurements Laboratory
3. Nuclear Incident Response Team
4. The chemical and biological national security and supporting
programs and activities of the non-proliferation and verification
research and development program.
5. The life sciences activities related to microbial pathogens of
Biological and Environmental Research Program.
6. The nuclear smuggling programs and activities within the
proliferation detection program of the non-proliferation and
verification research and development program.
7. The nuclear assessment program and activities of the assessment,
detection, and cooperation program of the international materials
protection and cooperation program, and the advanced scientific
computing research program and activities at Lawrence Livermore National
Laboratory.
8. National Infrastructure Simulation and Analysis Center
E. Former components of the Department of Health and Human Services:
1. The address for each component and program listed below is:
Department of Health and Human Services, Freedom of Information Officer,
Room 645-F, Hubert H. Humphrey Building, Independence Avenue, SW.,
Washington, DC 20201;
a. Metropolitan Medical Response System,
b. National Disaster Medical System, and
c. Office of Emergency Preparedness
d. Strategic National Stockpile
2. Centers for Disease Control and Agency for Toxic Substances and
Disease Registry, Attn: FOI Office, MS-D54, 1600 Clifton Road, NE.,
Atlanta, GA 30333.
F. Former components of the Department of Justice:
1. Immigration and Naturalization Service, Director, Freedom of
Information/Privacy Act Program, Department of Justice, 425 Eye Street,
NW., 2nd Floor, ULLICO Building, Washington, DC 20536 (for field
offices, consult your phone book).
2. The address for each component and program listed below is: Federal
Bureau of Investigation, Chief, FOIPA Section, 935 Pennsylvania Avenue,
NW., Department of Justice, Washington, DC 20535-0001;
a. National Infrastructure Protection Center,
b. National Domestic Preparedness Office, and
c. Domestic Emergency Support Team.
3. Office of Domestic Preparedness, U.S. Department of Justice, Office
of Justice Programs, Office of the General Counsel, Attention: FOIA
Staff, 810 7th Street, NW., Room 5400, Washington, DC 20531.
G. Former components of the Department of State:
Visa Office, Information and Privacy Coordinator, Office of Information
Resources, Management Programs and Services, A/RPS/IPS, SA-2,
Department of State, Washington, DC 20522-6001, Re: Freedom of
Information Act Request.
H. Former components of the Department of Transportation:
1. Federal Aviation Administration, National Freedom of Information Act
Staff, ARC-40, 800 Independence Avenue, SW., Washington, DC 20591
(for regional centers, consult your phone book).
2. Transportation Security Administration, TSA-1, FOIA Division, 400
Seventh Street, SW., Washington, DC 20590
3. United States Coast Guard, HQ USCG Commandant, G-CIM, 2100 Second
Street, SW., Washington, DC 20593-0001 (for district offices,
consult your phone book).
I. Former components of the Department of Treasury:
1. Federal Law Enforcement Training Center, Freedom of Information Act
Officer, Townhouse 389, Glynco, GA 31524
2. U.S. Customs Service, Freedom of Information Act Request, Mint Annex,
1300 Pennsylvania Avenue, NW., Washington, DC 20229 (for field
offices, consult your phone book).
3. U.S. Secret Service, Freedom of Information Act Request, 950 H
Street, NW., Suite 3000, Washington, DC 20223, e-mail
[email protected]. Appeals should be addressed to the Deputy
Director, United States Secret Service, Freedom of Information and
Privacy Act Appeal Officer, at these same contact points.
J. Federal Emergency Management Agency: Federal Emergency Management
Agency, Office of General Counsel, 500 C Street, SW., Room 840,
Washington, DC 20472 (for regional offices, consult your phone book).
K. Former components of the General Services Administration:
1. For the Federal Computer Incident Response Center and the Federal
Protective Service: Chief, FOIA Information Management Branch, GSA
(CAIM), 1800 F Street, NW., Washington, DC 20405 (for regional
offices, consult your phone book).
Appendix B to Part 5--Public Reading Rooms of the Department of Homeland
Security
The Headquarters components of the Department of Homeland Security do
not maintain a conventional public reading room. Records that are
required to be in the public reading room are available electronically
at http://www.dhs.gov/FOIA.
Entities that will transfer into the Department of Homeland Security
maintain public reading rooms as follows:
1. Former components of the Department of Agriculture:
Animal and Plant Health Inspection Service Library, 4700 River Road,
Riverdale, MD 20737-1232
Plum Island Animal Disease Center, the APHIS address above or, USDA-ARS,
5601 Sunnyside Avenue, Building 1, Room 2248, Beltsville, MD 20705-
5128
2. Former components of the Department of Commerce:
The Critical Infrastructure Assurance Office (A former office of the
Bureau of Industry and Security) does not maintain a conventional public
reading room. Records that are required to be in the public reading room
are available electronically at http://www.bis.doc.gov/FOIA/Default.htm
FIRESTAT (formerly the Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration), NOAA Public Reference
Facility, 1305 East-West Highway (SSMC4), Room 8627, Silver Spring, MD
20910
3. Former components of the Department of Defense:
The National Communication Service (A former component of the Defense
Information Systems Agency) does not maintain a conventional public
reading room. Records that are required to be in the public reading room
are available electronically at http://disa.mil/gc/foia/foia.html
4. Former components and programs of the Department of Energy:
The address for each component and program listed below is: U.S.
Department of Energy; 1000 Independence Avenue, SW., Washington, DC
20585
Energy Assurance Office
Environmental Measurements Laboratory
Nuclear Incident Response Team
The chemical and biological national security and supporting programs
and activities of the non-proliferation and verification research and
development program.
The life sciences activities related to microbial pathogens of
Biological and Environmental Research Program.
The nuclear smuggling programs and activities within the proliferation
detection program of the non-proliferation and verification research and
development program.
The nuclear assessment program and activities of the assessment,
detection, and cooperation program of the international materials
protection and cooperation program, and the advanced scientific
computing research program and activities at Lawrence Livermore National
Laboratory.
The National Infrastructure Simulation and Analysis Center
5. Former components of the Department of Health and Human Services:
For the Metropolitan Medical Response System, the National Disaster
Medical System, and the Office of Emergency Preparedness please contact
the Freedom of Information Act Officer at: Department of Health and
Human Services, Freedom of Information Officer, Room 645-F, Hubert H.
Humphrey Building, Independence Avenue, SW., Washington, DC 20201
Strategic National Stockpile, Centers for Disease Control and Agency
for Toxic Substances and Disease Registry, 1600 Clifton Road, NE., Room
4103, Building 1, Atlanta, GA 30333
6. Former components of the Department of Justice:
Immigration and Naturalization Service, 111 Massachusetts Avenue, NW.,
2nd Floor, ULLICO Building, Washington, DC 20536
For the National Infrastructure Protection Center, the National
Domestic Preparedness Office, and the Domestic Emergency Support Team:
Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW.,
Department of Justice, Washington, DC 20535-0001
Office of Domestic Preparedness, U.S. Department of Justice, Office of
Justice Programs, 810 7th Street, NW., Room 5430, Washington, DC 20531
7. Former components of the Department of State:
Visa Office, Department of State, 2201 C Street, NW., Washington, DC
20520
8. Former components of the Department of Transportation:
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591
Transportation Security Administration, 400 Seventh Street, SW.,
Washington, DC 20590
United States Coast Guard Headquarters, 2100 Second Street, SW.,
Washington, DC 20593-0001 (for district offices, consult your phone
book).
9. Former components of the Department of Treasury:
The Federal Law Enforcement Training Center does not maintain a
conventional public reading room. Records that are required to be in the
public reading room are available electronically at http://
www.fletc.gov/irm/foia/readingroom.htm
U.S. Customs Service, 1300 Pennsylvania Avenue, NW., Washington, DC
20229 (for a list of field office public reading rooms please consult 19
CFR 103.1).
U.S. Secret Service, Main Treasury, 1500 Pennsylvania Avenue, NW.,
Washington, DC 20220
10. Federal Emergency Management Agency:
Federal Emergency Management Agency, Federal Center Plaza, 500 C
Street, SW., Room 840 Washington, DC 20472 (for regional offices,
consult your phone book)
11. Former components of the General Services Administration:
For the Federal Computer Incident Response Center and the Federal
Protective Service: Central Office, GSA Headquarters, 1800 F Street,
NW., (CAI), Washington, DC 20405 (for regional offices, consult your
phone book)