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[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]               
[Page 18867-18871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap10-73]                         

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0016]

 
Privacy Act of 1974; Department of Homeland Security 
Transportation Security Administration--011, Transportation Security 
Intelligence Service Operations Files Systems of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice to alter an existing Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security proposes to update and reissue a Department of 
Homeland Security system of records notice titled, Transportation 
Security Administration--011 Transportation Security Intelligence 
Service Operations Files previously published on December 10, 2004 to 
reflect necessary programmatic changes. As a result of the biennial 
review of this system, modifications are being made to the system of 
records' categories of individuals, categories of records, routine 
uses, record source categories, retention and disposal, and 
notification procedure. The Transportation Security Intelligence 
Service Operations Filing System contains records on individuals 
identified in intelligence, counterintelligence, transportation 
security and information systems security records that relate to the 
Transportation Security Administration's mission. For example, this 
system contains information on individuals involved in terrorism or the 
compromise of classified information.
    Portions of this system are exempt under 5 U.S.C. 552a(j)(2), 
(k)(1), (k)(2) and (k)(5) as reflected in the final rule published in 
the Federal Register on August 4, 2006.
    This updated system will continue to be included in the Department 
of Homeland Security's inventory of record systems.

DATES: Submit comments on or before May 13, 2010. This new system will 
be effective May 13, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0016 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Peter

[[Page 18868]]

Pietra, Privacy Officer, Transportation Security Administration, TSA-
36, 601 South 12th Street, Arlington, VA 20598-6036 or 
TSAprivacy@dhs.gov. For privacy issues please contact: Mary Ellen 
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) Transportation Security 
Administration (TSA) proposes to update and reissue a DHS/TSA system of 
records notice titled, DHS/TSA-011, Transportation Security 
Intelligence Service (TSIS) Operations Files System of Records (69 FR 
71828, December 10, 2004).
    TSA's mission is to protect the nation's transportation systems to 
ensure freedom of movement for people and commerce. To achieve this 
mission, TSA is required to develop and adapt its security programs to 
respond to evolving threats to transportation security. In accordance 
with the biennial review of this system, the following modifications 
are being made:
     The categories of records section is updated to include 
biometric records.
     DHS/TSA is incorporating four DHS standard routines uses. 
One routine use will allow release of information to appropriate 
agencies, entities, and persons when DHS/TSA suspects or has confirmed 
that the security or confidentiality of an information system of 
records has been compromised. Another routine use permits the release 
of information to the media when there exists a legitimate public 
interest in disclosing information. Release under this routine use will 
require the approval of the DHS Chief Privacy Officer in consultation 
with counsel. Another routine use allows the release of information to 
a court, magistrate, administrative tribunal or opposing counsel or 
parties where a Federal agency is a party or has an interest in the 
litigation or administrative proceeding. The fourth routine use allows 
DHS/TSA to release information to a former employee when it is 
necessary to consult with the former employee regarding a matter that 
is within that person's former area of responsibility.
     TSA is revising a routine use by adding indirect air 
carriers and other facility operators as potential recipients of 
information from these systems when appropriate to address a threat or 
potential threat to transportation security or national security, or 
when required for administrative purposes related to the effective and 
efficient administration of transportation security laws.
     TSA is also revising a current routine use by adding 
indirect air carriers and other facility operators as potential 
recipients of information about individuals who are their employees, 
job applicants, or contractors, or persons to whom they issue 
identification credentials or grant clearances to secured areas in 
transportation facilities when relevant to such employment, 
application, contract, training or the issuance of such credentials or 
clearances.
     The record source categories are updated to reflect the 
use of commercial and public record databases and Web sites to obtain 
information regarding the identity of individuals who attempt to gain 
access to the sterile areas of the airport and for whom identity needs 
to be verified or individuals who are being vetted to qualify as 
Federal flight deck officers. The record source categories to include 
Federal, State, local and foreign agencies; formerly only U.S. agencies 
were included.
     For each system of records covered by this notice, the 
retention and disposal sections are updated to reflect the records 
retention schedules approved by the National Archives and Records 
Administration (NARA).
     The notification section for each system of records 
covered by this notice was changed to reflect that inquiries regarding 
whether the applicable system contains records about an individual 
should be directed to TSA's Freedom of Information Act (FOIA) Office.
    The TSIS Operations Filing System contains records on individuals 
identified in intelligence, counterintelligence, transportation 
security and information systems security records that relate to TSA's 
mission. For example, this system contains information on individuals 
involved in terrorism or the compromise of classified information. DHS/
TSA is revising its system of records to reflect necessary programmatic 
changes.
    Portions of this system are exempt under 5 U.S.C. 552a(j)(2), 
(k)(1), (k)(2) and (k)(5) as reflected in the final rule published on 
August 4, 2006 in 71 FR 44223.
    Consistent with the Privacy Act, information stored in the TSIS 
Operations Files System may be shared with other DHS components, as 
well as appropriate Federal, State, local, Tribal, foreign, or 
international government agencies. This sharing will only take place 
after DHS determines that the receiving component or agency has a need 
to know the information to carry out national security, law 
enforcement, immigration, intelligence, or other functions consistent 
with the routine uses set forth in this system of records notice.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the DHS/TSA-
011 TSIS Operations Files system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
SYSTEM OF RECORDS
    DHS/TSA-011

SYSTEM NAME:
    Transportation Security Administration 011 Transportation Security 
Intelligence Service (TSIS) Operations Files.

SECURITY CLASSIFICATION:
    Classified, sensitive.

[[Page 18869]]

SYSTEM LOCATION:
    Records are maintained at the Transportation Security 
Administration's Office of the Transportation Security Intelligence 
Service in Arlington, Virginia and field offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals identified in intelligence, counterintelligence, 
transportation security, or information system security reports and 
supporting materials, including but not limited to individuals involved 
in matters of intelligence, law enforcement or transportation security, 
information systems security, the compromise of classified information, 
or terrorism.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include biographic and biometric information; intelligence 
requirements, analysis, and reporting; information systems security 
analysis and reporting; articles, public-source data, and other 
published information on individuals and events of interest to TSA; 
actual or purported compromises of classified intelligence; 
countermeasures in connection therewith; identification of classified 
source documents and distribution thereof; records related to 
transportation security matters (e.g., reports of security-related 
incidents), and law enforcement records as they pertain to issues 
involving transportation security.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 114; National Security Act of 1947, as amended, 50 U.S.C. 
403-3(d); National Security Agency Act of 1959, Pub. L. 86-36, as 
amended, 50 U.S.C. 402 Note; E.O. 12333; E.O. 13292 and 12958; E.O. 
9397; and National Security Directive 42.

PURPOSE(S):
    To maintain records on intelligence, counterintelligence, 
transportation security, and information systems security matters as 
they relate to TSA's mission of protecting the nation's transportation 
systems. To identify potential threats to transportation security, 
uphold and enforce the law, and ensure public safety.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the privacy act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ) (including United States 
attorney Offices) or other Federal agency in anticipation of conducing, 
or conducting litigation or in proceedings before any court, 
adjudicative or administrative body, when it is necessary to the 
litigation and one of the following is a party to the litigation or has 
an interest in such litigation:
    1. DHS or any component thereof;
    2. Any current or former employee of DHS in his/her official 
capacity, or
    3. Any current or former employee of DHS in his/her individual 
capacity where DOJ or DHS has agreed to represent the employee, or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) that rely upon the 
compromised information;
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
or others performing or working on a contract, service, grant 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, Tribal, local, international, 
or foreign agency, including law enforcement, or other appropriate 
authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, where a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    H. To the United States Department of Transportation, its operating 
administrations, or the appropriate State or local agency when relevant 
or necessary to:
    1. Ensure safety and security in any mode of transportation;
    2. Enforce safety- and security-related regulations and 
requirements;
    3. Assess and distribute intelligence or law enforcement 
information related to transportation security;
    4. Assess and respond to threats to transportation;
    5. Oversee the implementation and ensure the adequacy of security 
measures at airports and other transportation facilities;
    6. Plan and coordinate any actions or activities that may affect 
transportation safety and security or the operations of transportation 
operators; or
    7. The issuance, maintenance, or renewal of a license, certificate, 
contract, grant, or other benefit.
    I. To Federal, State, local, Tribal, territorial, foreign, or 
international agencies to provide intelligence, counterintelligence, 
information systems and transportation security information, and other 
information for the purpose of counterintelligence or antiterrorism 
activities authorized by U.S. law or Executive Order or for the purpose 
of enforcing laws that protect national security of the U.S.
    J. To U.S. Government agencies regarding compromises of classified 
information including the document(s) apparently compromised, 
implications of disclosure of intelligence sources and methods, 
investigative data on

[[Page 18870]]

compromises, and statistical and substantive analysis of the data.
    K. To any U.S. Government organization in order to facilitate any 
security, employment, detail, liaison, or contractual decision by any 
U.S. Government organization, or to facilitate access to any U.S. 
Government information system.
    L. To U.S. agencies involved in the protection of intelligence 
sources and methods to facilitate such protection and to support 
intelligence analysis and reporting.
    M. 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.
    N. To a Federal, State, local, Tribal, territorial, foreign, or 
international agency, if necessary to obtain information relevant to a 
DHS/TSA decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, license, contract, grant, or other 
benefit.
    O. To international and foreign governmental authorities in 
accordance with law and formal or informal international agreement.
    P. To third parties during the course of or as follow-up to an 
investigation into violations or potential violations of the law, or an 
investigation related to the hiring or retention of an individual, or 
the issuance of a security clearance, license, contract, grant, or 
other benefit, to the extent necessary to obtain information pertinent 
to the follow-up inquiry or investigation.
    Q. To airport operators, aircraft operators, maritime and surface 
transportation operators, indirect air carriers, and other facility 
operators about individuals who are their employees, job applicants, or 
contractors, or persons to whom they issue identification credentials 
or grant clearances to secured areas in transportation facilities when 
relevant to such employment, application, contract, training or the 
issuance of such credentials or clearances.
    R. To the appropriate Federal, State, local, Tribal, territorial, 
foreign, or international agency regarding individuals who pose or are 
suspected of posing a risk to transportation or national security.
    S. To airport operators, aircraft operators, maritime and surface 
transportation operators, indirect air carriers, or other facility 
operators when appropriate to address a threat or potential threat to 
transportation security, or when required for administrative purposes 
related to the effective and efficient administration of transportation 
security laws.
    T. To a court, magistrate, or administrative tribunal where a 
Federal agency is a party to the litigation or administrative 
proceeding in the course of presenting evidence, including disclosures 
to opposing counsel or witnesses in the course of civil discovery, 
litigation, or settlement negotiations or in connection with criminal 
law proceedings.
    U. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of responding to an official inquiry by a 
Federal, State, or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    V. To the news media and the public, with the approval of the DHS 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information except 
to the extent it is determined that release of the specific information 
in the context of a particular case would constitute an unwarranted 
invasion of personal privacy or a risk to transportation or national 
security.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records may be maintained on paper, audio and video recordings, and 
in computer-accessible storage media. Records may also be stored on 
microfiche and roll microfilm. Records that are sensitive or classified 
are safeguarded in accordance with agency procedures, and applicable 
Executive Orders and statutes.

RETRIEVABILITY:
    Records may be retrieved by the individual's name, Social Security 
number, or other assigned personal identifier.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

RETENTION AND DISPOSAL:
    Pursuant to the approved National Archives and Records 
Administration records retention schedule N1-560-04-12, routine and 
insignificant case files are destroyed after thirty years; significant 
case files are retained permanently; watch logs are destroyed after 
thirty years; watchlists are destroyed 99 years after date of entry or 
seven years after confirmation of death, whichever is sooner.

SYSTEM MANAGER(S) AND ADDRESS:
    Transportation Security Administration, Special Assistant, Office 
of Intelligence, TSA-10, 601 South 12th Street, Arlington, VA 20598.

NOTIFICATION PROCEDURE:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, the Transportation 
Security Administration will consider individual requests to determine 
whether or not information may be released. Thus, individuals seeking 
notification and access to any record contained in the system of 
records, or seeking to contest its content, may submit a request in 
writing to the Headquarters or component's FOIA Officer, whose contact 
information can be found at https://www.dhs.gov/foia under 
``contacts.'' TSA's FOIA Officer is located at: Freedom of Information 
Act Office, TSA-20, 601 S. 12th Street, 11th Floor, East Tower, 
Arlington, VA 20598-6020, 1-866-FOIA-TSA or 571-227-2300, Fax: 571-227-
1406, E-mail: foia.tsa@dhs.gov. If an individual believes more than one 
component maintains Privacy Act records concerning him or her the 
individual may submit the request to the Chief Privacy Officer, 
Department of Homeland Security, 245 Murray Drive, SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part

[[Page 18871]]

5. You must first verify your identity, meaning that you must provide 
your full name, current address and date and place of birth. You must 
sign your request, and your signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, you may obtain forms for this purpose 
from the Director, Disclosure and FOIA, http://www.dhs.gov or 1-866-
431-0486. In addition you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Identify which component(s) of the Department you believe 
may have the information about you,
     Specify when you believe the records would have been 
created,
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURE:
    See ``Notification procedure'' above.

CONTESTING RECORD PROCEDURE:
    See ``Notification procedure'' above.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from subject 
individuals; other Federal, State, local and foreign agencies and 
organizations; hard-copy media, including periodicals, newspapers, and 
broadcast transcripts, and commercial and public record databases and 
Web sites; public and classified reporting, intelligence source 
documents, investigative reports, and correspondence.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Portions of this system are exempt under 5 U.S.C. 552a(j)(2), 
(k)(1), (k)(2), and (k)(5) as reflected in the final rule published on 
August 4, 2006, in 71 FR 44223.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8315 Filed 4-12-10; 8:45 am]
BILLING CODE 4910-62-P
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