[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Notices]
[Pages 39408-39410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16807]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0061]


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

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security proposes to establish a new Department-wide system of 
records notice entitled, ``Department of Homeland Security/ALL-030 Use 
of the Terrorist Screening Database System of Records.'' The Department 
of Homeland Security is maintaining a mirror copy of the Department of 
Justice/Federal Bureau of Investigation-019 Terrorist Screening Records 
System of Records, August 22, 2007, in order to automate and simplify 
the current method for transmitting the Terrorist Screening Database to 
the Department of Homeland Security and its components. Additionally, 
the Department of Homeland Security is issuing a Notice of Proposed 
Rulemaking concurrent with this system of records elsewhere in the 
Federal Register. This newly established system will be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before August 5, 2011. This new system 
will be effective August 5, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0061 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 and privacy 
issues please contact: Mary Ellen Callahan (703-235-0780), Chief 
Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) proposes to establish a new 
system of records titled, ``DHS/ALL-030 Use of the Terrorist Screening 
Database (TSDB) System of Records.'' DHS is maintaining a mirror copy 
of the Department of Justice (DOJ)/Federal Bureau of Investigation 
(FBI)-019 Terrorist Screening Records System of Records (August 22, 
2007, 72 FR 47073) in order to automate and simplify the current method 
for transmitting the TSDB to DHS and its components.
    Homeland Security Presidential Directive 6 (HSPD-6), issued in 
September 2003, called for the establishment and use of a single 
consolidated watchlist to improve the identification, screening, and 
tracking of known or suspected terrorists and their supporters. The 
FBI/TSC maintains and distributes the TSDB as the U.S. government's 
consolidated terrorist watchlist. DHS and the FBI/TSC, working 
together, have developed the DHS Watchlist Service (WLS) in order to 
automate and simplify the current method for transmitting TSDB records 
from the FBI/TSC to DHS and its components.
    The WLS allows the FBI/TSC and DHS to move away from a manual and 
cumbersome process of data transmission and management to an automated 
and centralized process. The WLS will replace multiple data feeds from 
the FBI/TSC to DHS and its components, as documented by information 
sharing agreements, with a single feed from the FBI/TSC to DHS and its 
components. The WLS is a system to system secure connection with no 
direct user interface.
    DHS and its components are authorized to access TSDB records via 
the WLS pursuant to the terms of information sharing agreements with 
FBI/TSC. DHS is publishing this SORN and has published privacy impact 
assessments to provide additional transparency into how DHS has 
implemented WLS. DHS will review and update this SORN no less then 
biennially as new DHS systems come online with the WLS and are approved 
consistent with the terms of agreements with FBI/TSC. There are five 
DHS systems that currently receive TSDB data directly from the FBI/TSC 
and will use the WLS. These systems have existing SORNs that cover the 
use of the TSDB:
    (1) Transportation Security Administration (TSA), Office of 
Transportation Threat Assessment and Credentialing: DHS/TSA-002 
Transportation Security Threat Assessment System (May 19, 2010, 75 FR 
28046);
    (2) TSA, Secure Flight Program: DHS/TSA-019 Secure Flight Records 
System (November 9, 2007, 72 FR 63711);
    (3) U.S. Customs and Border Protection (CBP), Passenger Systems 
Program Office for inclusion in TECS: DHS/CBP-011 TECS System (December 
19, 2008 73 FR 77778);
    (4) U.S. Visitor and Immigrant Status Indicator Technology (US-
VISIT) Program for inclusion into the DHS Enterprise Biometrics Service 
(IDENT): DHS/USVISIT-0012 DHS Automated Biometric Identification System 
(June 5, 2007, 72 FR 31080); and
    In addition, two DHS components will receive TSDB data via the WLS 
in the form of a computer readable extract. The components' use of the 
TSDB data is covered by existing SORNs:
    (1) Office of Intelligence and Analysis (I&A): DHS/IA-001 
Enterprise Records System, (May 15, 2008 73 FR 28128), and
    (2) U.S. Immigration and Customs Enforcement (ICE): DHS/ICE-009 
External Investigations, (January 5, 2010 75 FR 404).
    Information stored in the WLS will be shared back with the FBI/TSC 
in order to ensure that DHS and the FBI/TSC can reconcile any 
differences in the database and ensure DHS has the most up-to-date and 
accurate version of TSDB records. All other sharing will be conducted 
pursuant to the programmatic system of records notices and privacy 
impact assessments discussed in this SORN.
    DHS is planning future enhancements to the WLS that will provide 
for a central mechanism to receive information from DHS components when 
they encounter a potential match to the TSDB and send this information 
to the FBI/TSC. DHS will update this SORN to reflect such enhancements 
to the WLS, as part of its biennial reviews of this SORN once that 
capability is implemented.
    DHS is publishing this SORN to cover the Department's use of the 
TSDB in

[[Page 39409]]

order to provide greater transparency to the process.
    Concurrent with the publication of this SORN, DHS is issuing a 
Notice of Proposed Rulemaking to exempt this system from specific 
sections of the Privacy Act.

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 record keeping 
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/ALL-
030 Use of the Terrorist Screening Database 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/ALL-030

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

Security classification:
    Unclassified.

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

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
     Individuals known or appropriately suspected to be or have 
been engaged in conduct constituting, in preparation for, in aid of, or 
related to terrorism (``known or suspected terrorists'').

Categories of records in the system:
    Categories of records in this system include:
     Identifying information, such as name, date of birth, 
place of birth, biometrics, photographs, passport and/or drivers 
license information, and other available identifying particulars used 
to compare the identity of an individual being screened with a known or 
suspected terrorist, including audit records containing this 
information;
     For known or suspected terrorists, in addition to the 
categories of records listed above, references to and/or information 
from other government law enforcement and intelligence databases, or 
other relevant databases that may contain terrorism information.

Authority for maintenance of the system:
     Homeland Security Act of 2002, Public Law 107-296;
     Section 5 U.S.C. 301;
     The Tariff Act of 1930, as amended;
     The Immigration and Nationality Act; and
     49 U.S.C. 114, 5103a, 40113, ch. 49 and 46105.

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

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ)/FBI/TSC in order to receive 
confirmations that the information has been appropriately transferred 
and any other information related to the reconciliation process so that 
DHS is able to maintain a mirror copy of the TSDB.
    This system will share information internal to the Department 
pursuant to (b)(1) of the Privacy Act. Besides the routine use 
described above, external sharing shall occur at the programmatic level 
pursuant to following published System of Records Notices:
    (1) TSA, Office of Transportation Threat Assessment and 
Credentialing: DHS/TSA-002 Transportation Security Threat Assessment 
System (May 19, 2010, 75 FR 28046);
    (2) TSA, Secure Flight Program: DHS/TSA-019 Secure Flight Records 
System (November 9, 2007, 72 FR 63711);
    (3) CBP, Passenger Systems Program Office for inclusion in TECS: 
DHS/CBP-011 TECS System (December 19, 2008 73 FR 77778);
    (4) U.S. VISIT program for inclusion into the DHS Enterprise 
Biometrics Service (IDENT): DHS/USVISIT-0012 DHS Automated Biometric 
Identification System (June 5, 2007, 72 FR 31080);
    (5) Office of Intelligence and Analysis (I&A): DHS/IA-001 
Enterprise Records System, (May 15, 2008 73 FR 28128), and
    (6) U.S. Immigration and Customs Enforcement (ICE): DHS/ICE-009 
External Investigations, (January 5, 2010 75 FR 404).

Disclosure to consumer reporting agencies:
    None.

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

[[Page 39410]]

Retrievability:
    Records may be retrieved by name or 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:
    The WLS will maintain a near real time mirror of the TSDB, and will 
not retain historical copies of the TSDB. The WLS will be synchronized 
with the TSDB. When the FBI/TSC adds, modifies, or deletes data from 
the TSDB, the WLS will duplicate these functions almost simultaneously, 
and that information will then be passed to DHS and its component 
systems. The DHS component that is screening individuals will maintain, 
separate from the WLS, a record of a match or possible match with the 
TSDB and DHS will retain this information in accordance with the DHS 
component specific SORNs identified in this notice.

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

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, DHS and its components 
will consider individual requests to determine whether or not 
information may be released. Thus, individuals seeking notification of 
and access to any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
Headquarters or component FOIA Officer, whose contact information can 
be found at http://www.dhs.gov/foia under ``contacts.'' If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive, SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR Part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury, as a substitute for notarization. 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; 
and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without 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.
    In addition, if individuals are uncertain what agency handles the 
information, they may seek redress through the DHS Traveler Inquiry 
Redress Program (TRIP) (January 18, 2007, 72 FR 2294). Individuals who 
believe they have been improperly denied entry, refused boarding for 
transportation, or identified for additional screening by CBP may 
submit a redress request through TRIP.
    TRIP is a single point of contact for individuals who have 
inquiries or seek resolution regarding difficulties they experienced 
during their travel screening at transportation hubs such as airports 
and train stations or crossing U.S. borders. Redress requests should be 
sent to: DHS Traveler Redress Inquiry Program, 601 South 12th Street, 
TSA-901, Arlington, VA 20598 or online at http://www.dhs.gov/trip and 
at http://www.dhs.gov.

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

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

Record source categories:
    Records are received from the DOJ/FBI-019 Terrorist Screening 
Records System of Records (August 22, 2007, 72 FR 47073)

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
the following provisions of the Privacy Act, subject to the limitations 
set forth in 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12); (f); 
(g)(1); and (h) pursuant to 5 U.S.C. 552a(j)(2). Additionally, the 
Secretary of Homeland Security has exempted this system from the 
following provisions of the Privacy Act, subject to the limitation set 
forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-16807 Filed 7-5-11; 8:45 am]
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