81_FR_20054 81 FR 19988 - Privacy Act of 1974: Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records

81 FR 19988 - Privacy Act of 1974: Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 66 (April 6, 2016)

Page Range19988-19990
FR Document2016-07895

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update and reissue a current Department-wide system of records titled, ``Department of Homeland Security (DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB) System of Records,'' 76 FR 39408, July 6, 2011. This system of records allows DHS to maintain a synchronized copy of the Department of Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist Screening Database (TSDB), which includes categories of individuals covered by DOJ/FBI-019, ``Terrorist Screening Records Center System,'' 72 FR 77846 (Dec. 14, 2011). DHS maintains a synchronized copy to automate and simplify the transmission of information in the Terrorist Screening Database to DHS and its Components. With this updated notice, DHS is reducing the number of claimed exemptions, pursuant to a concurrently published Final Rule elsewhere in the Federal Register. A detailed description of the recent changes to the DHS/ALL-030 Use of the Terrorist Screening Database (TSDB) System of Records is published elsewhere in the Federal Register at 81 FR 3811 (Jan. 22, 2016). DHS is issuing a new Final Rule concurrently with this notice. The existing Final Rule for Privacy Act exemptions will continue to apply until the new Final Rule is published. This updated system will be included in DHS's inventory of record systems.

Federal Register, Volume 81 Issue 66 (Wednesday, April 6, 2016)
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Notices]
[Pages 19988-19990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07895]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0024]


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

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current 
Department-wide system of records titled, ``Department of Homeland 
Security (DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB) 
System of Records,'' 76 FR 39408, July 6, 2011. This system of records 
allows DHS to maintain a synchronized copy of the Department of 
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist 
Screening Database (TSDB), which includes categories of individuals 
covered by DOJ/FBI-019, ``Terrorist Screening Records Center System,'' 
72 FR 77846 (Dec. 14, 2011). DHS maintains a synchronized copy to 
automate and simplify the transmission of information in the Terrorist 
Screening Database to DHS and its Components. With this updated notice, 
DHS is reducing the number of claimed exemptions, pursuant to a 
concurrently published Final Rule elsewhere in the Federal Register. A 
detailed description of the recent changes to the DHS/ALL-030 Use of 
the Terrorist Screening Database (TSDB) System of Records is published 
elsewhere in the Federal Register at 81 FR 3811 (Jan. 22, 2016).
    DHS is issuing a new Final Rule concurrently with this notice. The 
existing Final Rule for Privacy Act exemptions will continue to apply 
until the new Final Rule is published. This updated system will be 
included in DHS's inventory of record systems.

DATES: Submit comments on or before May 6, 2016. This updated system 
will be effective May 6, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0024 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: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues please contact: Karen L. Neuman (202-343-1717), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current 
Department-wide system of records titled, ``Department of Homeland 
Security (DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB) 
System of Records,'' 76 FR 39408, July 6, 2011. This system of records 
allows DHS to maintain a synchronized copy of the Department of 
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist 
Screening Database (TSDB), which includes categories of individuals 
covered by DOJ/FBI-019, ``Terrorist Screening Records Center System,'' 
72 FR 77846 (Dec. 14, 2011). DHS maintains a synchronized copy to 
automate and simplify the transmission of information in the Terrorist 
Screening Database to DHS and its Components. With this updated notice, 
DHS is reducing the number of claimed exemptions, pursuant to a 
concurrently published Final Rule elsewhere in the Federal Register. A 
detailed description of the recent changes to the categories of 
individuals in the DHS/ALL-030 Use of the Terrorist Screening Database 
(TSDB) System of Records is published elsewhere in the Federal Register 
at 81 FR 3811 (Jan. 22, 2016).
    DHS is issuing a new Final Rule concurrently with this notice. The 
existing Final Rule for Privacy Act exemptions, 75 FR 55335 (Dec. 29, 
2011) will continue to apply until the new Final Rule is published. 
This updated system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information

[[Page 19989]]

on U.S. citizens, lawful permanent residents, and visitors.
    Below is the description of the DHS/ALL-030 Use of the Terrorist 
Screening Database (TSDB) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
(DHS)/ALL-030

System of Records:
    Department of Homeland Security (DHS)/ALL-030

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

Security classification:
    Unclassified.

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

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

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

Authority for maintenance of the system:
    Homeland Security Act of 2002, Pub. L. 107-296, 116 Stat. 2135; The 
Tariff Act of 1930, Pub. L. 71-361, 46 Stat. 741, as amended; The 
Immigration and Nationality Act; 49 U.S.C. 114, 5103a, 40113, ch. 49 
and 46105; Homeland Security Presidential Directive/HSPD-6, 
``Integration and Use of Screening Information to Protect Against 
Terrorism'' (Sept. 16, 2003); Homeland Security Presidential Directive/
HSPD-11, ``Comprehensive Terrorist-Related Screening Procedures'' (Aug. 
27, 2004); National Security Presidential Directive/NSPD-59/Homeland 
Security Presidential Directive/HSPD-24, ``Biometrics for 
Identification and Screening to Enhance National Security'' (June 5, 
2008); E.O. 13388, ``Further Strengthening the Sharing of Terrorism 
Information to Protect Americans,'' 70 FR 62023 (Oct. 25, 2005); 
Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-
458, 118 Stat 3638; National Security Act of 1947, Pub. L. 235, 61 
Stat. 495, as amended; and 28 U.S.C. 533.

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

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

Disclosure to consumer reporting agencies:
    None.

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

[[Page 19990]]

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

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

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

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

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, DHS and its Components 
will consider individual requests to determine whether or not 
information may be released. Thus, individuals seeking notification of 
and access to any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
Headquarters or component Freedom of Information Act (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 FOIA Officer, 
Department of Homeland Security, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief FOIA Officer at http://www.dhs.gov/foia or 1-866-431-
0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which Component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his or her records.
    Without the above 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 (DHS TRIP), 72 FR 2294, Jan. 18, 2007. Individuals who 
believe they have been improperly denied entry, refused boarding for 
transportation, or identified for additional screening by DHS may 
submit a redress request through DHS TRIP. The DHS TRIP is a single 
point of contact for individuals who have inquiries or seek resolution 
regarding difficulties they experienced during their travel screening 
at transportation hubs such as airports and train stations or crossing 
U.S. borders. Redress requests should be sent to: DHS Traveler Redress 
Inquiry Program, 601 South 12th Street, TSA-901, Arlington, VA 20598 or 
online at http://www.dhs.gov/trip and at http://www.dhs.gov.

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

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

Record source categories:
    Records are received from the FBI's Terrorist Screening Center, 
specifically records covered by DOJ/FBI-019, ``Terrorist Screening 
Records Center System,'' 72 FR 77846 (Dec. 14, 2011).

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)(5), (e)(8); and (g) pursuant to 5 U.S.C. 552a(j)(2).

    Dated: March 22, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-07895 Filed 4-5-16; 8:45 am]
 BILLING CODE 9110-9B-P



                                                    19988                         Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices

                                                    CONTESTING RECORD PROCEDURES:                           Homeland Security (DHS) proposes to                   Privacy Office, Department of Homeland
                                                       See ‘‘Notification procedure’’ above.                update and reissue a current                          Security, Washington, DC 20528.
                                                                                                            Department-wide system of records                     SUPPLEMENTARY INFORMATION:
                                                    RECORD SOURCE CATEGORIES:
                                                                                                            titled, ‘‘Department of Homeland
                                                       The information contained in this                    Security (DHS)/ALL–030 Use of the                     I. Background
                                                    system of records originates in                         Terrorist Screening Database (TSDB)                      In accordance with the Privacy Act of
                                                    connection with customs broker audits                   System of Records,’’ 76 FR 39408, July                1974, the Department of Homeland
                                                    and audits of other persons engaged in                  6, 2011. This system of records allows                Security (DHS) proposes to update and
                                                    international commerce conducted by                     DHS to maintain a synchronized copy of                reissue a current Department-wide
                                                    the regulatory audit staffs. The audits                 the Department of Justice’s (DOJ)                     system of records titled, ‘‘Department of
                                                    may be supplemented with information                    Federal Bureau of Investigation’s (FBI)               Homeland Security (DHS)/ALL–030 Use
                                                    furnished by the Office of the Chief                    Terrorist Screening Database (TSDB),                  of the Terrorist Screening Database
                                                    Counsel or its field offices, Office of                 which includes categories of individuals              (TSDB) System of Records,’’ 76 FR
                                                    International Trade—Regulations and                     covered by DOJ/FBI–019, ‘‘Terrorist                   39408, July 6, 2011. This system of
                                                    Rulings, and the Office of Investigations,              Screening Records Center System,’’ 72                 records allows DHS to maintain a
                                                    U.S. Immigration and Customs                            FR 77846 (Dec. 14, 2011). DHS                         synchronized copy of the Department of
                                                    Enforcement. These audits include                       maintains a synchronized copy to                      Justice’s (DOJ) Federal Bureau of
                                                    examination of records pertaining to                    automate and simplify the transmission                Investigation’s (FBI) Terrorist Screening
                                                    brokers and importers (including their                  of information in the Terrorist Screening             Database (TSDB), which includes
                                                    clients), and other persons engaged in                  Database to DHS and its Components.                   categories of individuals covered by
                                                    international trade activities.                         With this updated notice, DHS is                      DOJ/FBI–019, ‘‘Terrorist Screening
                                                                                                            reducing the number of claimed                        Records Center System,’’ 72 FR 77846
                                                    EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                                                                            exemptions, pursuant to a concurrently                (Dec. 14, 2011). DHS maintains a
                                                       DHS/CBP is not requesting an                                                                               synchronized copy to automate and
                                                    exemption with respect to information                   published Final Rule elsewhere in the
                                                                                                            Federal Register. A detailed description              simplify the transmission of information
                                                    maintained in the system as it relates to                                                                     in the Terrorist Screening Database to
                                                    data submitted by or on behalf of a                     of the recent changes to the DHS/ALL–
                                                                                                            030 Use of the Terrorist Screening                    DHS and its Components. With this
                                                    subject of an audit. Information in the                                                                       updated notice, DHS is reducing the
                                                    system may be shared pursuant to the                    Database (TSDB) System of Records is
                                                                                                            published elsewhere in the Federal                    number of claimed exemptions,
                                                    exceptions under the Privacy Act (5                                                                           pursuant to a concurrently published
                                                    U.S.C. 552a(b)) and the above routine                   Register at 81 FR 3811 (Jan. 22, 2016).
                                                                                                               DHS is issuing a new Final Rule                    Final Rule elsewhere in the Federal
                                                    uses. The Privacy Act requires DHS to                                                                         Register. A detailed description of the
                                                    maintain an accounting of the                           concurrently with this notice. The
                                                                                                            existing Final Rule for Privacy Act                   recent changes to the categories of
                                                    disclosures made pursuant to all                                                                              individuals in the DHS/ALL–030 Use of
                                                    routines uses. Disclosing the fact that a               exemptions will continue to apply until
                                                                                                            the new Final Rule is published. This                 the Terrorist Screening Database (TSDB)
                                                    law enforcement or intelligence agency                                                                        System of Records is published
                                                    has sought particular records may affect                updated system will be included in
                                                                                                                                                                  elsewhere in the Federal Register at 81
                                                    ongoing law enforcement activity.                       DHS’s inventory of record systems.
                                                                                                                                                                  FR 3811 (Jan. 22, 2016).
                                                    Therefore, pursuant to 5 U.S.C.                         DATES: Submit comments on or before                      DHS is issuing a new Final Rule
                                                    552a(k)(2), DHS will claim exemption                    May 6, 2016. This updated system will                 concurrently with this notice. The
                                                    from sec. (c)(3) of the Privacy Act of                  be effective May 6, 2016.                             existing Final Rule for Privacy Act
                                                    1974, as amended, as is necessary and                   ADDRESSES: You may submit comments,                   exemptions, 75 FR 55335 (Dec. 29,
                                                    appropriate to protect this information.                identified by docket number DHS–                      2011) will continue to apply until the
                                                      Dated: March 22, 2016.                                2016–0024 by one of the following                     new Final Rule is published. This
                                                    Karen L. Neuman,                                        methods:                                              updated system will be included in
                                                    Chief Privacy Officer, Department of                       • Federal e-Rulemaking Portal:                     DHS’s inventory of record systems.
                                                    Homeland Security.                                      http://www.regulations.gov. Follow the                II. Privacy Act
                                                    [FR Doc. 2016–07893 Filed 4–5–16; 8:45 am]              instructions for submitting comments.
                                                                                                                                                                     The Privacy Act embodies fair
                                                    BILLING CODE 9111–14–P                                     • Fax: 202–343–4010.
                                                                                                                                                                  information practice principles in a
                                                                                                               • Mail: Karen L. Neuman, Chief                     statutory framework governing the
                                                                                                            Privacy Officer, Privacy Office,                      means by which Federal Government
                                                    DEPARTMENT OF HOMELAND                                  Department of Homeland Security,                      agencies collect, maintain, use, and
                                                    SECURITY                                                Washington, DC 20528–0655.                            disseminate individuals’ records. The
                                                                                                               Instructions: All submissions received             Privacy Act applies to information that
                                                    Office of the Secretary                                 must include the agency name and                      is maintained in a ‘‘system of records.’’
                                                    [Docket No. DHS–2016–0024]                              docket number for this rulemaking. All                A ‘‘system of records’’ is a group of any
                                                                                                            comments received will be posted                      records under the control of an agency
                                                    Privacy Act of 1974: Department of                      without change to http://                             from which information is retrieved by
                                                    Homeland Security/ALL–030 Use of the                    www.regulations.gov, including any                    the name of an individual or by some
                                                    Terrorist Screening Database System                     personal information provided.                        identifying number, symbol, or other
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of Records                                                 Docket: For access to the docket to                identifying particular assigned to the
                                                                                                            read background documents or                          individual. In the Privacy Act, an
                                                    AGENCY:  Privacy Office, Department of
                                                                                                            comments received, please visit http://               individual is defined to encompass U.S.
                                                    Homeland Security.
                                                                                                            www.regulations.gov.                                  citizens and lawful permanent
                                                    ACTION: Notice of Privacy Act System of
                                                    Records.                                                FOR FURTHER INFORMATION CONTACT: For                  residents. As a matter of policy, DHS
                                                                                                            general questions and privacy issues                  extends administrative Privacy Act
                                                    SUMMARY: In accordance with the                         please contact: Karen L. Neuman (202–                 protections to all individuals when
                                                    Privacy Act of 1974, the Department of                  343–1717), Chief Privacy Officer,                     systems of records maintain information


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                                                                                  Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices                                             19989

                                                    on U.S. citizens, lawful permanent                      the identity of an individual being                   of watchlist data exchanged between the
                                                    residents, and visitors.                                screened with a subject in the TSDB;                  FBI’s TSC and DHS and its Component
                                                      Below is the description of the DHS/                    2. Biometric information, such as                   systems that currently use TSDB data.
                                                    ALL–030 Use of the Terrorist Screening                  photographs, fingerprints, or iris images,
                                                                                                                                                                  ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                    Database (TSDB) System of Records.                      and associated biographic and
                                                                                                                                                                  SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                      In accordance with 5 U.S.C. 552a(r),                  contextual information;                               THE PURPOSES OF SUCH USES:
                                                    DHS has provided a report of this                         3. References to or information from
                                                    system of records to the Office of                      other government law enforcement and                    In addition to those disclosures
                                                    Management and Budget and to                            intelligence databases, or other relevant             generally permitted under 5 U.S.C.
                                                    Congress.                                               databases that may contain terrorism or               552a(b) of the Privacy Act all or a
                                                                                                            national security information, such as                portion of the records or information
                                                    (DHS)/ALL–030                                           unique identification numbers used in                 contained in this system may be
                                                                                                            other systems;                                        disclosed outside DHS as a routine use
                                                    SYSTEM OF RECORDS:
                                                                                                              4. Information collected and compiled               pursuant to 5 U.S.C. 552a(b)(3) as
                                                      Department of Homeland Security                                                                             follows:
                                                                                                            to maintain an audit trail of the activity
                                                    (DHS)/ALL–030                                                                                                   A. To the Department of Justice (DOJ)/
                                                                                                            of authorized users of WLS information
                                                    SYSTEM NAME:                                            systems; and                                          FBI/TSC in order to receive
                                                                                                              5. System-generated information,                    confirmations that the information has
                                                      DHS/ALL–030 Use of the Terrorist                                                                            been appropriately transferred and any
                                                    Screening Database (TSDB) System of                     including metadata, archived records
                                                                                                            and record histories from WLS.                        other information related to the
                                                    Records                                                                                                       reconciliation process so that DHS is
                                                                                                            AUTHORITY FOR MAINTENANCE OF THE SYSTEM:              able to maintain a synchronized copy of
                                                    SECURITY CLASSIFICATION:
                                                       Unclassified.                                           Homeland Security Act of 2002, Pub.                the TSDB.
                                                                                                            L. 107–296, 116 Stat. 2135; The Tariff                  DHS will share information contained
                                                    SYSTEM LOCATION:                                        Act of 1930, Pub. L. 71–361, 46 Stat.                 in this system to Components internal to
                                                      Records are maintained at DHS and                     741, as amended; The Immigration and                  DHS pursuant to subsec. 552a(b)(1) of
                                                    Component Headquarters in                               Nationality Act; 49 U.S.C. 114, 5103a,                the Privacy Act, and subsequently may
                                                    Washington, DC and field offices.                       40113, ch. 49 and 46105; Homeland                     be shared externally outside DHS at the
                                                                                                            Security Presidential Directive/HSPD–6,               programmatic level pursuant to routine
                                                    CATEGORIES OF INDIVIDUALS COVERED BY THE                ‘‘Integration and Use of Screening                    uses described in the following
                                                    SYSTEM:                                                 Information to Protect Against                        published system of records notices:
                                                       Categories of individuals covered by                 Terrorism’’ (Sept. 16, 2003); Homeland                  (1) DHS/TSA–002 Transportation
                                                    this system include:                                    Security Presidential Directive/HSPD–                 Security Threat Assessment System (T–
                                                       (a) Individuals known or suspected to                11, ‘‘Comprehensive Terrorist-Related                 STAS), 79 FR 46862, Aug. 11, 2014;
                                                    be or have been engaged in conduct                      Screening Procedures’’ (Aug. 27, 2004);                 (2) DHS/TSA–019 Secure Flight
                                                    constituting, in preparation for, in aid                National Security Presidential Directive/             Records, 80 FR 223, Jan. 5, 2015;
                                                    of, or related to terrorism (‘‘known or                 NSPD–59/Homeland Security                               (3) DHS/CBP–011 TECS, 73 FR 77778,
                                                    suspected terrorists’’);                                Presidential Directive/HSPD–24,                       Dec. 19, 2008;
                                                       (b) Individuals who are foreign                      ‘‘Biometrics for Identification and                     (4) DHS/CBP–006, Customs and
                                                    nationals or lawful permanent resident                  Screening to Enhance National                         Border Protection Automated Targeting
                                                    aliens and who are excludable from the                  Security’’ (June 5, 2008); E.O. 13388,                System, 77 FR 30297, May 22, 2012;
                                                    United States based on their familial                   ‘‘Further Strengthening the Sharing of                  (5) DHS/US–VISIT–004, DHS
                                                    relationship, association, or connection                Terrorism Information to Protect                      Automated Biometric Identification
                                                    with a known or suspected terrorist as                  Americans,’’ 70 FR 62023 (Oct. 25,                    System (IDENT), 72 FR 31080, June 5,
                                                    described in sec. 212(a)(3)(B) of the                   2005); Intelligence Reform and                        2007;
                                                    Immigration and Nationality Act of 1952                 Terrorism Prevention Act of 2004, Pub.                  (6) DHS/IA–001, Office of Intelligence
                                                    (‘‘INA exceptions’’);                                   L. 108–458, 118 Stat 3638; National                   and Analysis (I&A) Enterprise Records
                                                       (c) Individuals who were officially                  Security Act of 1947, Pub. L. 235, 61                 System, 73 FR 28128, May 15, 2008;
                                                    detained during military operations, but                Stat. 495, as amended; and 28 U.S.C.                    (7) DHS/ICE–009, ICE External
                                                    not as Enemy Prisoners of War, and who                  533.                                                  Investigations, 75 FR 404, Jan. 5, 2010;
                                                    have been identified to pose an actual                                                                        and
                                                    or possible threat to national security                 PURPOSE(S):
                                                                                                                                                                    (8) DHS/USCIS–006 Fraud Detection
                                                    (‘‘military detainees’’); and                              DHS and its Components collect, use,               and National Security Records, 77 FR
                                                       (d) Individuals known or suspected to                maintain, and disseminate information                 47411, Aug. 8, 2012.
                                                    be or have been engaged in conduct                      in the DHS Watchlist Service (WLS) to
                                                    constituting, in aid of, or related to                  facilitate DHS mission-related functions,             DISCLOSURE TO CONSUMER REPORTING
                                                                                                            such as counterterrorism, law                         AGENCIES:
                                                    transnational organized crime, thereby
                                                    posing a possible threat to national                    enforcement, border security, and                        None.
                                                    security (‘‘transnational organized crime               inspection activities. The TSDB data,
                                                                                                                                                                  POLICIES AND PRACTICES FOR STORING,
                                                    actors’’).                                              which includes personally identifiable
                                                                                                                                                                  RETRIEVING, ACCESSING, RETAINING, AND
                                                                                                            information (PII), is necessary for DHS
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                                                                                                                                                                  DISPOSING OF RECORDS IN THE SYSTEM:
                                                    CATEGORIES OF RECORDS IN THE SYSTEM:                    to effectively and efficiently assess the
                                                      Categories of records in this system                  risk or threat posed by a person for the              STORAGE:
                                                    include:                                                conduct of its mission.                                 DHS stores records in this system
                                                      1. Identifying biographic information,                   The Federal Bureau of Investigation’s              electronically or on paper in secure
                                                    such as name, date of birth, place of                   (FBI’s) Terrorist Screening Center (TSC)              facilities in a locked drawer behind a
                                                    birth, passport or driver’s license                     provides a near real time, synchronized               locked door. The records are stored on
                                                    information, and other available                        version of the TSDB to DHS in order to                servers, magnetic disc, tape, digital
                                                    identifying particulars used to compare                 improve the timeliness and governance                 media, and CD–ROM.


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                                                    19990                          Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices

                                                    RETRIEVABILITY:                                          request to the Chief Privacy Officer and              20598 or online at http://www.dhs.gov/
                                                      DHS may retrieve records by name or                    Chief FOIA Officer, Department of                     trip and at http://www.dhs.gov.
                                                    other personal identifier.                               Homeland Security, 245 Murray Drive
                                                                                                                                                                   RECORD ACCESS PROCEDURES:
                                                                                                             SW., Building 410, STOP–0655,
                                                    SAFEGUARDS:                                              Washington, DC 20528.                                    See ‘‘Notification procedure’’ above.
                                                      DHS safeguards records in this system                     When seeking records about yourself                CONTESTING RECORD PROCEDURES:
                                                    in accordance with applicable rules and                  from this system of records or any other
                                                                                                                                                                      See ‘‘Notification procedure’’ above.
                                                    policies, including all applicable DHS                   Departmental system of records, your
                                                    automated systems security and access                    request must conform with the Privacy                 RECORD SOURCE CATEGORIES:
                                                    policies. Strict controls have been                      Act regulations set forth in 6 CFR part                  Records are received from the FBI’s
                                                    imposed to minimize the risk of                          5. You must first verify your identity,               Terrorist Screening Center, specifically
                                                    compromising the information that is                     meaning that you must provide your full               records covered by DOJ/FBI–019,
                                                    being stored. Access to the computer                     name, current address, and date and                   ‘‘Terrorist Screening Records Center
                                                    system containing the records in this                    place of birth. You must sign your                    System,’’ 72 FR 77846 (Dec. 14, 2011).
                                                    system is limited to those individuals                   request, and your signature must either
                                                    who have a need to know the                              be notarized or submitted under 28                    EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                    information for the performance of their                 U.S.C. 1746, a law that permits                          The Secretary of Homeland Security
                                                    official duties and who have appropriate                 statements to be made under penalty of                has exempted this system from the
                                                    clearances or permissions.                               perjury as a substitute for notarization.             following provisions of the Privacy Act,
                                                                                                             While no specific form is required, you               subject to the limitations set forth in 5
                                                    RETENTION AND DISPOSAL:                                  may obtain forms for this purpose from                U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1),
                                                       The WLS maintains a near real-time                    the Chief Privacy Officer and Chief                   (e)(2), (e)(3), (e)(5), (e)(8); and (g)
                                                    feed of the TSDB, and does not retain                    FOIA Officer at http://www.dhs.gov/foia               pursuant to 5 U.S.C. 552a(j)(2).
                                                    historical copies of the TSDB. The WLS                   or 1–866–431–0486. In addition, you                     Dated: March 22, 2016.
                                                    is synchronized with the TSDB. When                      should:
                                                                                                                                                                   Karen L. Neuman,
                                                    the FBI/TSC adds, modifies, or deletes                      • Explain why you believe the
                                                    data from TSDB, WLS duplicates these                     Department would have information on                  Chief Privacy Officer, Department of
                                                    functions almost simultaneously, and                                                                           Homeland Security.
                                                                                                             you;
                                                    that information is then passed to DHS                      • Identify which Component(s) of the               [FR Doc. 2016–07895 Filed 4–5–16; 8:45 am]
                                                    and its authorized Component systems.                    Department you believe may have the                   BILLING CODE 9110–9B–P
                                                    DHS does not manipulate the data                         information about you;
                                                    within TSDB feed received by WLS. The                       • Specify when you believe the
                                                    authorized DHS Component that is                         records would have been created; and                  DEPARTMENT OF THE INTERIOR
                                                    screening individuals will maintain,                        • Provide any other information that
                                                    separate from WLS, a record of a match                   will help the FOIA staff determine                    Fish and Wildlife Service
                                                    or possible match with TSDB and DHS                      which DHS component agency may                        [FW–HQ–LE–2016–N069; FF09L00200–FX–
                                                    will retain this information in                          have responsive records.                              LE18110900000]
                                                    accordance with the DHS Component                           If your request is seeking records
                                                    specific SORNs identified in this notice.                pertaining to another living individual,              Proposed Information Collection;
                                                                                                             you must include a statement from that                Captive Wildlife Safety Act
                                                    SYSTEM MANAGER AND ADDRESS:                              individual certifying his/her agreement
                                                      Executive Director, Passenger Systems                  for you to access his or her records.                 AGENCY:   Fish and Wildlife Service,
                                                    Program Directorate, Office of                              Without the above information, the                 Interior.
                                                    Information and Technology, U.S.                         Component(s) may not be able to                       ACTION: Notice; request for comments.
                                                    Customs and Border Protection, 7400                      conduct an effective search, and your
                                                                                                             request may be denied due to lack of                  SUMMARY:   We (U.S. Fish and Wildlife
                                                    Fullerton Rd, Springfield, VA 22153.
                                                                                                             specificity or lack of compliance with                Service) will ask the Office of
                                                    NOTIFICATION PROCEDURE:                                  applicable regulations.                               Management and Budget (OMB) to
                                                       The Secretary of Homeland Security                       In addition, if individuals are                    approve the information collection (IC)
                                                    has exempted this system from the                        uncertain what agency handles the                     described below. As required by the
                                                    notification, access, and amendment                      information, they may seek redress                    Paperwork Reduction Act of 1995 and
                                                    procedures of the Privacy Act because it                 through the DHS Traveler Inquiry                      as part of our continuing efforts to
                                                    is a law enforcement system. However,                    Redress Program (DHS TRIP), 72 FR                     reduce paperwork and respondent
                                                    DHS and its Components will consider                     2294, Jan. 18, 2007. Individuals who                  burden, we invite the general public and
                                                    individual requests to determine                         believe they have been improperly                     other Federal agencies to take this
                                                    whether or not information may be                        denied entry, refused boarding for                    opportunity to comment on this IC. This
                                                    released. Thus, individuals seeking                      transportation, or identified for                     IC is scheduled to expire on August 31,
                                                    notification of and access to any record                 additional screening by DHS may                       2016. We may not conduct or sponsor
                                                    contained in this system of records, or                  submit a redress request through DHS                  and a person is not required to respond
                                                    seeking to contest its content, may                      TRIP. The DHS TRIP is a single point of               to a collection of information unless it
                                                    submit a request in writing to the                       contact for individuals who have                      displays a currently valid OMB control
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                                                    Headquarters or component Freedom of                     inquiries or seek resolution regarding                number.
                                                    Information Act (FOIA) Officer, whose                    difficulties they experienced during                  DATES: To ensure that we are able to
                                                    contact information can be found at                      their travel screening at transportation              consider your comments on this IC, we
                                                    http://www.dhs.gov/foia under                            hubs such as airports and train stations              must receive them by June 6, 2016.
                                                    ‘‘contacts.’’ If an individual believes                  or crossing U.S. borders. Redress                     ADDRESSES: Send your comments on the
                                                    more than one component maintains                        requests should be sent to: DHS Traveler              IC to the Information Collection
                                                    Privacy Act records concerning him or                    Redress Inquiry Program, 601 South                    Clearance Officer, U.S. Fish and
                                                    her the individual may submit the                        12th Street, TSA–901, Arlington, VA                   Wildlife Service, MS BPHC, 5275


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Document Created: 2018-02-07 13:52:09
Document Modified: 2018-02-07 13:52:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Privacy Act System of Records.
DatesSubmit comments on or before May 6, 2016. This updated system will be effective May 6, 2016.
ContactFor general questions and privacy issues please contact: Karen L. Neuman (202-343-1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation81 FR 19988 

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