[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Pages 69491-69496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28058]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. DHS-2012-0068]
Privacy Act of 1974: System of Records; Secure Flight Records
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice to alter an existing system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS), Transportation Security Administration (TSA)
is altering and republishing an existing system of records notice
(SORN) titled Department of Homeland Security/Transportation Security
Administration 019 (DHS/TSA-019), Secure Flight Records, for the
passenger and non-traveler screening program known as Secure Flight.
TSA is republishing this SORN to reflect additions to TSA's screening
capabilities designed to better focus enhanced passenger screening
efforts on individuals likely to pose a threat to civil aviation, and
to facilitate the secure and efficient travel of the vast majority of
the traveling public by distinguishing them from individuals on federal
government watch lists. This SORN includes modifications in the
following areas of the SORN: Categories of individuals, categories of
records, purpose(s), routine uses, disclosure to consumer reporting
agencies, data retention and disposal, notification procedure, records
access procedures, and the record source categories.
DATES: Submit comments on modifications to routine use 3 on or before
December 19, 2012. This updated system will be effective upon
publication except that the change to routine use 3 will be effective
30 days after date of publication in the Federal Register.
ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0068 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting 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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Peter Pietra, Director, Privacy Policy
and Compliance, TSA-36, Transportation Security Administration, 601
South 12th Street, Arlington, VA 20598-6036; email: [email protected];
or Jonathan R. Cantor, Acting Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Availability of Notice
You may obtain an electronic copy using the Internet by--
(1) Searching the electronic Federal Docket Management System
(FDMS) Web page at http://www.regulations.gov;
(2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
(3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Research Center'' at the top
of the page.
In addition, copies are available by writing or emailing the TSA
Privacy Office in the FOR FURTHER INFORMATION CONTACT section. Make
sure to identify the docket number of this notice.
Background
The Transportation Security Administration is responsible for
security in all modes of transportation and performs passenger and
baggage screening at the Nation's airports. Prior to the implementation
of the TSA Secure Flight program, this screening was supplemented by
aircraft operators who performed passenger watch list matching against
the federal No Fly and Selectee Lists, as required under security
directives issued by TSA in 2002. Aircraft operators also conducted
this watch list matching process for certain non-traveling individuals
\1\ authorized to enter the sterile area \2\ of an airport.
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\1\ ``Non-traveling individual'' or ``non-traveler'' means an
individual to whom a covered aircraft operator or covered airport
seeks to issue an authorization to enter the sterile area of an
airport in order to escort a minor or passenger with disabilities or
for some other purpose permitted by TSA. The term does not include
employees or agents of an airport or aircraft operators or other
individuals whose access to a sterile area is governed by another
TSA requirement. 49 CFR 1560.3.
\2\ ``Sterile area'' means a portion of an airport defined in
the airport security program that provides passengers access to
boarding aircraft and to which the access generally is controlled by
TSA, an aircraft operator, or a foreign air carrier through the
screening of persons and property. 49 CFR 1504.5.
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The National Commission on Terrorist Attacks Upon the United States
(the 9/11 Commission) recommended that watch list matching be performed
by TSA using the ``larger set of watch lists maintained by the Federal
Government.'' \3\ In response, under section 4012(a)(1)-(2) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA),\4\
Congress directed TSA and DHS to assume from aircraft operators the
function of comparing airline passenger information to data in the
Terrorist Screening Database (TSDB) maintained by the Terrorist
Screening Center (TSC).\5\ Consistent with this statutory
[[Page 69492]]
directive, TSA promulgated the Secure Flight Final Rule \6\ for the
purpose of enhancing the security of air travel in the United States
and to support the federal government's counter-terrorism efforts by
assisting in the detection of individuals on federal government watch
lists who seek to travel by air, and to facilitate the secure travel of
the public. By November 2010, TSA fully assumed the watch list matching
function from aircraft operators and air carriers.
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\3\ ``National Commission on Terrorist Attacks Upon the United
States,'' page 393 (July 22, 2004).
\4\ Public Law 108-458, 118 Stat. 3638 (December 17, 2004).
\5\ The TSC was established by the Attorney General in
coordination with the Secretary of State, the Secretary of Homeland
Security, the Director of the Central Intelligence Agency, the
Secretary of the Treasury, and the Secretary of Defense. The
Attorney General, acting through the Director of the Federal Bureau
of Investigation (FBI), established the TSC in support of Homeland
Security Presidential Directive 6 (HSPD-6), dated September 16,
2003, which required the Attorney General to establish an
organization to consolidate the Federal Government's approach to
terrorism screening and to provide for the appropriate and lawful
use of terrorist information in screening processes. The TSC
maintains the Federal government's consolidated and integrated
terrorist watch list, known as the TSDB.
\6\ 73 FR 64018 (Oct. 28, 2008).
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TSA established the Secure Flight system of records and published
the SORN in the Federal Register on August 23, 2007.\7\ TSA altered and
republished the SORN in the Federal Register on November 9, 2007.\8\
TSA is amending the Secure Flight SORN again to reflect additions to
TSA's screening capabilities as discussed below.
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\7\ 72 FR 48392.
\8\ 72 FR 63711.
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TSA uses Secure Flight to conduct watch list matching against the
No Fly and Selectee List components of the TSDB. Where warranted by
security considerations, Secure Flight also matches against the full
TSDB and other government databases. In addition, Secure Flight matches
against the list of individuals whom the Department of Health and Human
Services, Centers for Disease Control and Prevention (CDC) has
identified to DHS as persons who should not be permitted to board an
aircraft due to public health concerns.\9\
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\9\ To accomplish this list matching function, Secure Flight
ingests copies of these lists of individuals identified on other
government systems to minimize the processing time when Secure
Flight receives passenger travel data.
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TSA also uses Secure Flight to match air travelers and other
individuals seeking access to airport sterile areas against a list of
individuals who have each been assigned a unique redress number by the
DHS Traveler Redress Inquiry Program (TRIP).\10\ TSA also may collect
and use a passenger's ``Known Traveler Number'' if available. A Known
Traveler Number is a unique number assigned to Known Travelers for whom
the federal government has conducted a security threat assessment and
determined do not pose a security threat.\11\ TSA did not use this
capability when it initially assumed responsibility for passenger
screening using Secure Flight. In October 2011, however, TSA announced
the TSA Pre[check]TM pilot program.\12\ TSA initiated TSA
Pre[check]TM as a proof of concept at four U.S. airports,
starting with individuals enrolled within U.S. Customs and Border
Protection (CBP) Trusted Traveler programs \13\ and certain airline
frequent flyer program members.\14\ The purpose of the proof of concept
was to evaluate capabilities to identify air travelers who are lower
risk and eligible for expedited security screening at the airport
checkpoints, and to test expedited screening processes. The Known
Travelers participating in the proof of concept volunteered information
that permitted TSA to make risk assessments before the individual
arrives at the airport.
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\10\ http://www.dhs.gov/files/programs/gc_1169673653081.shtm.
\11\ See 49 CFR 1560.3.
\12\ See TSA Pre[check]TM Pilot Starts Today at
Select Airports to Further Enhance Security, TSA Office of Public
Affairs (October 4, 2011), www.tsa.gov/press/releases/2011/1004.shtm.
\13\ CBP Trusted Traveler programs include Global Entry, SENTRI,
and NEXUS. See www.cbp.gov/xp/cgov/travel/trusted_traveler. For
individuals in the CBP Trusted Traveler programs, TSA receives from
CBP a list of eligible travelers that is ingested into Secure Flight
to minimize the processing time when Secure Flight receives
passenger travel data. Eligible members of these programs provide
their Known Traveler number to aircraft operators for transmittal to
Secure Flight.
\14\ For airline frequent flyers, TSA has developed eligibility
criteria and partnered with aircraft operators that identify
frequent flyers who meet those criteria. Those frequent flyers are
given the opportunity to opt into the TSA Pre[check]TM
program. When those passengers' travel data are submitted by the
aircraft operators to Secure Flight, the aircraft operator also
includes a designator code that identifies the passenger as eligible
for expedited screening. See www.tsa.gov/what_we_do/escreening.shtm.
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Earlier this year, TSA began the transition of the TSA
Pre[check]TM program--including individuals in CBP Trusted
Traveler programs and certain airline frequent flyer program members--
from proof of concept to an operational status.\15\ TSA is expanding
the availability of TSA Pre[check]TM to additional U.S.
airports and populations, such as eligible members of the U.S. Armed
Forces and certain active security clearance holders.\16\ By
identifying passengers who are low risk and providing them expedited
screening, TSA Pre[check]TM enables the agency to better
focus its screening efforts on individuals who are more likely to pose
a threat to civil aviation.
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\15\ See TSA Pre[check]TM Screening Benefits
Expanding to Additional Airports, TSA Office of Public Affairs
(March 30, 2012), www.tsa.gov/press/releases/2012/0330.shtm; DHS/
TSA/PIA-018(e)--Secure Flight Program Update, www.dhs.gov/xlibrary/assets/privacy/privacy_pia_tsa_secureflight_update018 update018(e).pdf.
\16\ As additional populations are added to the TSA
Pre[check]TM program, additional lists of eligible
individuals will be ingested by Secure Flight. The Secure Flight
Privacy Impact Assessment (PIA) will be updated to reflect that
information. See www.dhs.gov/xlibrary/assets/privacy/privacy_pia_tsa_secureflight_update018(e).pdf.
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As part of the effort to identify individuals that are low risk,
TSA also is creating and maintaining a watch list of individuals who
are disqualified from eligibility from TSA Pre[check]TM, for
some period of time or permanently, because they have been involved in
violations of security regulations of sufficient severity or frequency.
Disqualifying violations of aviation security regulations may involve
violations at the airport or on board aircraft, such as a loaded
firearm that is discovered in carry-on baggage at the checkpoint, or a
threat to use a destructive device against a transportation conveyance,
facilities, or personnel. The TSA Pre[check]TM
Disqualification List will be generated by TSA's Performance and
Results Information System (PARIS).\17\
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\17\ PARIS is an enforcement and inspections system for all
modes of transportation for which TSA has security related duties,
and maintains records related to the investigation or prosecution of
violations or potential violations of Federal, State, local, or
international criminal law. For additional information, see DHS/TSA-
001 Transportation Security Administration Transportation Security
Enforcement Record System (TSERS), 75 FR 28042 (May 19, 2010).
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Consistent with its ongoing efforts to focus on passengers who are
more likely to pose a threat to civil aviation, and following the
failed terrorist attack on an international flight bound for Detroit on
December 25, 2009, the Secure Flight program began matching passengers
on international flights bound for the United States against a list of
individuals requiring enhanced screening that is generated through
CBP's Automated Targeting System (ATS).\18\ ATS uses threat-based
intelligence scenarios designed to identify international travelers who
are more likely to pose a threat and for whom enhanced screening is
appropriate. TSA receives from CBP a continuously updated list of
individuals identified through these scenario rules for use in Secure
Flight passenger screening. Oversight is exercised by the DHS Offices
of Privacy, Civil Rights and Civil Liberties, and General Counsel to
ensure that the threat-based intelligence is appropriately applied.
After they arrive in the United States, some of these international
travelers also may receive enhanced screening prior to
[[Page 69493]]
subsequent domestic and international outbound flights for a period of
time, again based on threat-based, intelligence-driven scenario rules.
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\18\ See Secretary Napolitano Announces New Measures to
Strengthen Aviation Security, DHS Office of the Press Secretary
(April 2, 2010).
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TSA receives from CBP an Electronic System for Travel Authorization
(ESTA) status code for international travelers. ESTA is an automated
system used by CBP to determine the eligibility of visitors to travel
to the United States under the Visa Waiver Program and whether the
traveler poses any law enforcement or security risk. In order to
eliminate multiple messages to the airlines from CBP and TSA on a
single passenger, Secure Flight transmits the ESTA status code for
international travelers to the aircraft operator as part of the
boarding pass printing result.
Finally, TSA is adding a clause to subsection (a) of the Category
of Individuals to ensure that, when requested by a U.S. government
agency or institution, TSA may use Secure Flight to vet passengers on
U.S. government operated, chartered, or leased flights. A corresponding
change to routine use (3) is being made to permit disclosure of
information to the U.S. government agency for screening status or
operational response.
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/TSA
is altering and republishing DHS/TSA SORN DHS/TSA-019, titled Secure
Flight Records (72 FR 63711, November 9, 2007). Consistent with the
discussion above, the following modifications are being made to the
DHS/TSA-019 Secure Flight Records system of records:
The Categories of Individuals section is updated as
follows:
[cir] We have added a category of individuals to subsection (a) to
ensure that U.S. government operated flights are covered, including
flights leased or chartered by the U.S. government.
[cir] We have rewritten subsection (c) to clarify that it
addresses individuals involved with chartered or leased aircraft ``with
a maximum take-off weight'' over 12,500 pounds; and
[cir] We have added a new subsection (f) to expressly include
individuals who are identified as Known Travelers.
The Categories of Records section is updated as follows:
[cir] We have amended subsection (a) to note that TSA receives
from aircraft operators the designator code used to verify certain
travelers' frequent flyer status.
[cir] Subsection (a) also was amended to clarify that Secure
Flight may receive Secure Flight Passenger Data (SFPD) \19\ for
individuals who seek to charter, lease, operate, or be transported on
aircraft ``with a maximum take-off weight'' over 12,500 pounds, and
owners and/or operators of such aircraft,
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\19\ SFPD is the following information regarding a passenger or
non-traveling individual: Full name, date of birth, gender, redress
number or Known Traveler Number, passport information, reservation
control number, record sequence number, record type, passenger
update indicator, traveler reference number, and itinerary
information. 49 CFR 1560.3.
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[cir] We have revised subsection (d) to reflect that matching
analyses and results may include lists generated by other classified
and unclassified government watchlists. As discussed above such lists
include CBP ATS, the TSA Pre[check]TM Disqualification list,
and the CDC Do Not Board list.
[cir] We have inserted a new subsection (h) to expressly include
the Electronic System for Travel Authorization (ESTA) status code for
international travelers as a category of records,
[cir] We have inserted a new subsection (i) to expressly include
records about Known Travelers.
The Purpose(s) section is updated to reflect that, in
addition to assisting in the detection of individuals identified on
federal government watch lists who seek to travel by air, Secure Flight
also is used to identify air travelers who are lower risk and eligible
for expedited security screening at the airport checkpoints.
The Routine Uses section is updated as follows:
[cir] We have rewritten routine use (2) to conform to a standard
DHS routine use pertaining to the sharing of information with
contractors when necessary.
[cir] We have amended routine use (3) to more accurately reflect
that TSA discloses the passenger screening status, not the watch list
matching status, to airlines, airports, and the Department of
Transportation, and to reflect that passenger screening information may
be disclosed to U.S. government agencies that operate, charter, or
lease aircraft. This would permit, for example, the Department of
Defense (DoD) to request that passengers on a DoD operated or chartered
flight be vetted through Secure Flight.
[cir] We have amended routine use (4) to make it consistent with
routine use (3) providing for disclosure regarding individuals who pose
or are suspected of posing a risk to transportation or national
security.
[cir] We have deleted from routine use (9) the reference to the
DHS Office of Inspector General since such disclosures would be
accomplished pursuant to the Privacy Act under 5 U.S.C. 552a(b)(1)
rather than pursuant to a routine use.
The Disclosure to Consumer Reporting Agencies section is
being changed to reflect that disclosures in connection with the Debt
Collection Act of 1982 (Pub. L. 97-365) are not part of this system of
records. Routine use 12 remains in place to permit disclosures in the
event of a data breach.
The Retention and Disposal section is amended to reflect
that the retention schedule was approved by NARA. This section also was
amended to reflect that lists of individuals in Secure Flight, such as
Known Traveler lists and the TSA Pre[check]TM
Disqualification list, will be deleted or destroyed when superseded.
The System Manager and Notification Procedure section has
been updated to reflect updated contact information.
The Records Access Procedures section has been updated to
reflect the correct zip code for the TSA Freedom of Information Act
Office.
The Records Access Procedures section also was revised to
clarify that individuals who believe they have been improperly denied
entry by CBP may submit a redress request through DHS TRIP.
The Record Source Categories section is updated to clarify
that Secure Flight may receive information from all three branches of
the Federal government, as well as from private entities (e.g.,
airlines) that participate in the Known Traveler program.
The Exemptions Claimed for the System category is updated
to include non-travelers to whom a covered aircraft operator or covered
airport seeks to issue an authorization to enter the sterile area of an
airport.
Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency for which information is retrieved by the name
of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may
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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-
019 Secure Flight Records 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-019
SYSTEM NAME:
Secure Flight Records.
SECURITY CLASSIFICATION:
Unclassified; Sensitive Security Information.
SYSTEM LOCATION:
Records are maintained at the Transportation Security
Administration (TSA), 601 South 12th Street, Arlington, VA, and at
other secure TSA facilities in Annapolis Junction, Maryland and
Colorado Springs, Colorado. Records also may be maintained at the
secured facilities of contractors or other parties that perform
functions under the Secure Flight program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(a) Individuals who attempt to make reservations for travel on,
have traveled on, or have reservations to travel on a flight operated
by a U.S. aircraft operator, or a flight into, out of, or overflying
the United States that is operated by a foreign air carrier, or flights
operated by the U.S. government, including flights chartered or leased
by the U.S. government;
(b) Non-traveling individuals who seek to obtain authorization from
an aircraft or airport operator to enter the sterile area of an
airport;
(c) For flights that TSA grants a request by the operators of
leased or charter aircraft with a maximum take-off weight over 12,500
pounds to screen the individuals using Secure Flight, the following
individuals: (1) Individuals who seek to charter or lease an aircraft
with a maximum take-off weight over 12,500 pounds or who are proposed
to be transported on or operate such charter aircraft; and (2) owners
and/or operators of such chartered or leased aircraft;
(d)(1) Known or suspected terrorists identified in the Terrorist
Screening Database (TSDB) maintained by the Terrorist Screening Center
(TSC); and (2) individuals identified on classified and unclassified
governmental databases such as law enforcement, immigration, or
intelligence databases;
(e) Individuals who have been distinguished from individuals on a
watch list through a redress process, or other means; and
(f) Individuals who are identified as Known Travelers for whom the
federal government has conducted a security threat assessment and
determined do not pose a security threat.
CATEGORIES OF RECORDS IN THE SYSTEM:
(a) Records containing passenger and flight information (e.g., full
name, date of birth, gender, redress number, Known Traveler Number,
passport information, frequent flyer designator code or other identity
authentication/verification code obtained from aircraft operators, and
itinerary); records containing information about non-traveling
individuals seeking access to an airport sterile area for a purpose
approved by TSA; and records containing information about individuals
who seek to charter, lease, operate or be transported on aircraft with
a maximum take-off weight over 12,500 pounds if TSA grants the request
of an aircraft owner or operator to use Secure Flight;
(b) Records containing information from an individual's form of
identification or a physical description of the individual;
(c) Records obtained from the TSC of known or suspected terrorists
in the TSDB; and records regarding individuals identified on classified
and unclassified governmental watch lists;
(d) Records containing the matching analyses and results of
comparisons of individuals to the TSDB and other classified and
unclassified governmental watch lists;
(e) Records related to communications between or among TSA and
aircraft operators, airport operators, owners and/or operators of
leased or charter aircraft with a maximum take-off weight over 12,500
pounds, TSC, law enforcement agencies, intelligence agencies, and
agencies responsible for airspace safety or security, regarding the
screening status of passengers or non-traveling individuals and any
operational responses to individuals identified in the TSDB;
(f) Records of the redress process that include information on
known misidentified persons, including any Redress Number assigned to
those individuals;
(g) Records that track the receipt, use, access, or transmission of
information as part of the Secure Flight program;
(h) Electronic System for Travel Authorization status code
generated by U.S. Customs and Border Protection (CBP) for international
travelers; and
(i) Records containing information about individuals who are
identified as Known Travelers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114, 40113, 44901, 44903, and 44909.
PURPOSE(S):
The Secure Flight Records system will be used to identify and
protect against potential and actual threats to transportation security
and support the federal government's counterterrorism efforts by
assisting in the identification of individuals who warrant further
scrutiny prior to boarding an aircraft or seek to enter a sterile area
or who warrant denial of boarding or denial of entry to a sterile area
on security grounds. It also will be used to identify individuals who
are lower risk and therefore may be eligible for expedited security
screening at the airport checkpoints. Both of these functions are
designed to facilitate the secure travel of the public.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
(1) To the TSC in order to: (a) Determine whether an individual is
a positive identity match to an individual identified as a known or
suspected terrorist in the watch list; (b) allow redress of passenger
complaints; (c) facilitate an operational response, if one is deemed
appropriate, for individuals who are a positive identity match to an
individual identified as a known or suspected terrorist in the watch
list; (d) provide information and analysis about terrorist encounters
and known or suspected terrorist associates to appropriate domestic and
foreign government agencies and officials for counterterrorism
purposes; and (e) perform technical implementation functions necessary
for the Secure Flight program.
(2) To contractors and their agents, grantees, experts,
consultants, and others performing or working on a contract, service,
grant, cooperative
[[Page 69495]]
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.
(3) To aircraft operators, foreign air carriers, airport operators,
the Department of Transportation, and the Department of Defense or
other U.S. government agencies or institutions, to communicate
individual screening status and facilitate an operational response,
where appropriate, to individuals who pose or are suspected of posing a
risk to transportation or national security.
(4) To owners or operators of leased or charter aircraft to
communicate individual screening status and facilitate an operational
response, when appropriate, to individuals who pose or are suspected of
posing a risk to transportation or national security.
(5) To the appropriate federal, state, local, tribal, territorial,
foreign, or international agency regarding or to identify individuals
who pose, or are under reasonable suspicion of posing, a risk to
transportation or national security.
(6) To the Department of Justice (DOJ) or other Federal agency for
purposes of conducting litigation or administrative proceedings, when:
(a) The Department of Homeland Security (DHS), or (b) any employee or
former employee of DHS in his/her official capacity, or (c) any
employee or former employee of DHS in his/her individual capacity where
the DOJ or DHS has agreed to represent the employee, or (d) the United
States or any agency thereof, is a party to the litigation or
proceeding or has an interest in such litigation or proceeding.
(7) To the National Archives and Records Administration (NARA) or
other Federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
(8) To a congressional office in response to an inquiry from that
congressional office made at the request of the individual.
(9) To the Government Accountability Office or other agency,
organization, or individual for the purposes of performing authorized
audit or oversight operations, but only such information as is
necessary and relevant to such audit and oversight functions.
(10) 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 regarding a violation or potential violation of civil or criminal
law, regulation, or order when such disclosure is proper and consistent
with the performance of the official duties of the person making the
disclosure.
(11) To international and foreign governmental authorities in
accordance with law and formal or informal international agreements
when such disclosure is proper and consistent with the performance of
the official duties of the person making the disclosure.
(12) To appropriate agencies, entities, and persons when (a) TSA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) TSA 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 TSA or another agency
or entity) that rely upon the compromised information; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with TSA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm.
(13) To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations,
including the World Health Organization, for purposes of assisting such
agencies or organizations in preventing exposure to or transmission of
communicable or quarantinable disease or for combating other
significant public health threats; appropriate notice will be provided
of any identified health threat or 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 at the Transportation Security
Administration, 601 South 12th Street, Arlington, VA, and at other
secure TSA facilities in Annapolis Junction, Maryland and Colorado
Springs, Colorado. Records also may be maintained at the secured
facilities of contractors or other parties that perform functions under
the Secure Flight program. The records are stored on magnetic disc,
tape, digital media, and CD-ROM, and may also be retained in hard copy
format in secure file folders or safes.
RETRIEVABILITY:
Data are retrievable by the individual's name or other identifier,
as well as non-identifying information such as itinerary.
SAFEGUARDS:
All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. The
system is also protected through a multi-layer security approach. The
protective strategies are physical, technical, administrative, and
environmental in nature. The system has role-based access control to
sensitive data, physical access control to DHS facilities, auditing
software, and confidentiality of communications, including encryption,
authentication of sending parties, compartmentalizing databases.
Personnel is conducted 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.
Information in this system is safeguarded in accordance with
applicable rules and policies, including any applicable TSA and DHS
automated systems security and access policies. The system will be in
compliance with Office of Management and Budget and National Institute
of Standards and Technology guidance. Access to the computer system
containing the records in this system of records is limited to those
individuals who require it to perform their official duties. The
computer system also maintains a real-time audit of individuals who
access the system.
RETENTION AND DISPOSAL:
Records relating to an individual determined by the automated
matching process to be neither a match nor or potential match to a
watchlist will be destroyed within seven days after completion of the
last leg of the individual's directional travel itinerary. Records
relating to an individual determined by the automated matching process
to be a potential watch list match will be retained for seven years
after the completion of the individual's directional travel itinerary.
Records relating to an individual determined to be a confirmed
watchlist match will be retained for 99 years after the date of match
confirmation.
Lists of individuals stored in Secure Flight, such as individuals
identified as Known Travelers and individuals who
[[Page 69496]]
have been disqualified from eligibility to receive expedited screening
as a result of their involvement in certain security incidents, will be
deleted or destroyed when superseded by an updated list.
SYSTEM MANAGER(S) AND ADDRESS:
Secure Flight Mission Support Branch Manager, Transportation
Security Administration, TSA-19, 601 South 12th Street, Arlington, VA
20598-6019.
NOTIFICATION PROCEDURE:
To determine whether this system contains records relating to you,
write to the Freedom of Information Act Office, Transportation Security
Administration, TSA-20, 601 South 12th Street, Arlington, VA 20598-
6020.
RECORDS ACCESS PROCEDURES:
Requests for records access must be in writing and should be
addressed to the Freedom of Information Act Office, Transportation
Security Administration, TSA-20, 601 South 12th Street, Arlington, VA
20598-6020. Requests should conform to the requirements of 6 CFR Part
5, Subpart B, which provides the rules for requesting access to Privacy
Act records maintained by DHS. The envelope and letter should be
clearly marked ``Privacy Act Access Request.'' The request should
include a general description of the records sought and must include
the requester's full name, current address, and date and place of
birth. The request must be signed and either notarized or submitted
under penalty of perjury. Some information may be exempt from access
provisions. An individual who is the subject of a record in this system
may access those records that are not exempt from disclosure. A
determination whether a record may be accessed will be made at the time
a request is received.
Individuals who believe they have been improperly denied entry by
CBP, refused boarding for transportation, or identified for additional
screening may submit a redress request through the DHS Traveler Redress
Program (``TRIP'') (see 72 FR 2294, January 18, 2007). 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--like airports and train stations or crossing
U.S. borders. Through TRIP, a traveler can correct erroneous data
stored in Secure Flight and other data stored in other DHS databases
through one application. Additionally, for further information on the
Secure Flight program and the redress options please see the
accompanying Privacy Impact Assessment for Secure Flight published on
the DHS Web site at www.dhs.gov/privacy. Redress requests should be
sent to: DHS Traveler Redress Inquiry Program (TRIP), TSA-901, 601
South 12th Street, Arlington, VA 20598-6036 or online at http://www.dhs.gov/trip.
CONTESTING RECORDS PROCEDURES:
Same as ``Notification Procedure'' and ``Record Access Procedure''
above.
RECORD SOURCE CATEGORIES:
Information contained in the system is obtained from U.S. aircraft
operators, foreign air carriers, the owners and operators of leased or
charter aircraft with a maximum take-off weight over 12,500 pounds who
request TSA screening, the TSC, TSA employees, airport operators,
Federal executive branch agencies, Federal judicial and legislative
branch entities, State, local, international, and other governmental
agencies, private entities for Known Traveler program participants, and
the individuals to whom the records in the system pertain.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption will be asserted with respect to identifying
information, or flight information, obtained from passengers, non-
travelers, and aircraft owners or operators.
This system, however, may contain records or information recompiled
from or created from information contained in other systems of records
that are exempt from certain provisions of the Privacy Act. For these
records or information only, in accordance with 5 U.S.C. 552a(j)(2) and
(k)(2), TSA claims the following exemptions for these records or
information from subsections (c)(3) and (4); (d)(1), (2), (3), and (4);
(e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f); and (g) of the
Privacy Act of 1974, as amended, as necessary and appropriate to
protect such information. Certain portions or all of these records may
be exempt from disclosure pursuant to these exemptions.
Dated: November 6, 2012.
Jonathan R. Cantor,
Chief Privacy Officer, Acting, Department of Homeland Security.
[FR Doc. 2012-28058 Filed 11-16-12; 8:45 am]
BILLING CODE 9110-05-P