81 FR 3811 - 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 14 (January 22, 2016)

Page Range		3811-3815
FR Document		2016-01167

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 the 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 adding two new consumers, Customs and Border Protection (CBP) Automated Targeting System (ATS) and U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security (FDNS) Directorate, to the ``DHS Watchlist Service.'' The DHS Watchlist Service is the technological mechanism used to transmit Terrorist Screening Database information from the Department of Justice to the Department of Homeland Security, and to DHS components thereafter. DHS is also clarifying an existing category of individuals, adding two new categories of individuals, and clarifying the categories of records maintained in this system. Additionally, this notice includes non- substantive changes to simplify the formatting and text of the previously published notice. DHS is also issuing a new notice of proposed rulemaking to cover the exemptions applied to these new categories of individuals covered by this system of records notice. The notice of proposed rulemaking will be published 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 14 (Friday, January 22, 2016)

[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3811-3815]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-01167]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0002]

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.

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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 the 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 adding two new consumers, Customs and Border Protection (CBP)
Automated Targeting System (ATS) and U.S. Citizenship and Immigration
Services (USCIS) Fraud Detection and National Security (FDNS)
Directorate, to the ``DHS Watchlist Service.'' The DHS Watchlist
Service is the technological mechanism used to transmit Terrorist
Screening Database information from the Department of Justice to the
Department of Homeland Security, and to DHS components thereafter. DHS
is also clarifying an existing category of individuals, adding two new
categories of individuals, and clarifying the categories of records
maintained in this system. Additionally, this notice includes non-
substantive changes to simplify the formatting and text of the
previously published notice.
DHS is also issuing a new notice of proposed rulemaking to cover
the exemptions applied to these new categories of individuals covered
by this system of records notice. The notice of proposed rulemaking
will be published 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 February 22, 2016. This updated
system will be effective February 22, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0002 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

[[Page 3812]]

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, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) proposes to update and reissue
the current system of records titled, ``Department of Homeland Security
(DHS)/ALL-030 Use of the Terrorist Screening Database (TSDB) System of
Records.'' DHS maintains a synchronized copy of the Department of
Justice's (DOJ) Federal Bureau of Investigation's (FBI) Terrorist
Screening Database (TSDB), which includes individuals covered by DOJ/
FBI-019, ``Terrorist Screening Records Center System,'' 72 FR 77846,
Dec. 14, 2011, via a technological mechanism called the ``DHS Watchlist
Service (WLS).'' The DHS WLS disseminates received TSDB records to
authorized DHS components.
Homeland Security Presidential Directive 6 (HSPD-6), issued in
September 2003, called for the establishment and use of a single,
consolidated watchlist to improve the identification and screening of
known or suspected terrorists and their supporters. The FBI's Terrorist
Screening Center (TSC) maintains and distributes TSDB as the U.S.
Government's consolidated terrorist watchlist system. DHS and the FBI/
TSC developed the WLS in order to automate and simplify the method for
transmitting TSDB records from the FBI/TSC to DHS and its authorized
components.
The WLS supports an automated and centralized data transmission of
TSDB data to DHS and its components. The WLS replaced multiple data
feeds from the FBI/TSC to DHS and its components, which were documented
by information sharing agreements. The WLS is a system-to-system secure
connection with no direct user interface.
DHS and its components are authorized to access TSDB records via
the WLS pursuant to the terms of information sharing agreements with
FBI/TSC. DHS is updating this SORN and has published privacy impact
assessments to provide additional transparency into how DHS has
implemented WLS. DHS will review and update this SORN no less than
every two years as new DHS systems are interconnected with the WLS and
are approved, consistent with the terms of agreements with FBI/TSC.
There are currently six DHS systems authorized to receive TSDB data
directly from the FBI/TSC via WLS, including two systems new to this
SORN. The following systems have existing SORNs that permit the use of
the TSDB:
(1) Transportation Security Administration (TSA): ``DHS/TSA-002
Transportation Security Threat Assessment System (T-STAS),'' 79 FR
46862, Aug. 11, 2014;
(2) TSA Secure Flight Program: ``DHS/TSA-019 Secure Flight
Records,'' 80 FR 233 Jan. 5, 2015;
(3) U.S. Customs and Border Protection (CBP) Passenger Systems
Program, as included in TECS: ``DHS/CBP-011 TECS'', 73 FR 77778, Dec.
19, 2008;
(4) Office of Biometric Identity Management (OBIM), as included in
the DHS Automated Biometric Identification System (IDENT): DHS/US-
VISIT-004, ``DHS Automated Biometric Identification System (IDENT),''
72 FR 31080, June 5, 2007.
DHS is expanding the use of the WLS within the Department to
include two new systems with existing SORNs that cover the use of the
TSDB:
(5) CBP, DHS/CBP-006, ``Customs and Border Protection Automated
Targeting System'', 77 FR 30297, May 22, 2012;
(6) U.S. Citizenship and Immigration Services (USCIS) Fraud
Detection and National Security (FDNS) Directorate, as included in the
FDNS-Data System, ``DHS/USCIS-006 Fraud Detection and National Security
Records'' 77 FR 47411, Aug. 8, 2012.
Two other DHS components are authorized to receive TSDB data via
the WLS in the form of a computer readable extract. The components' use
of the TSDB data is covered by existing SORNs:
(1) DHS/IA-001, ``Office of Intelligence and Analysis (I&A)
Enterprise Records System,'' 73 FR 28128, May 15, 2008; and
(2) DHS/ICE-009, U.S. Immigration and Customs Enforcement's (ICE)
``ICE External Investigations,'' 75 FR 404, Jan. 5, 2010.
Transactional Information stored in the WLS may be shared with the
FBI/TSC in order to ensure that DHS and the FBI/TSC can reconcile any
differences in the database and ensure DHS has the most up-to-date and
accurate version of TSDB records, such as through automated response
messages from WLS to TSC. All other sharing will be conducted pursuant
to the programmatic system of records notices.
DHS is also updating this system of records to clarify one category
of individuals and add two new categories of individuals whose
information is currently included in, or is contemplated for inclusion
in, the TSDB. These categories of information have been included in the
TSDB to in support of the White House's ``Strategy to Combat
Transnational Organized Crime'' (July 19, 2011), and National Security
Presidential Directive-59/Homeland Security Presidential Directive-24,
``Biometrics for Identification and Screening to Enhance National
Security'' (June 5, 2008). These executive strategies are relevant to
DHS's vetting and screening operations.
DHS is clarifying the category of individuals to explicitly include
relatives, associates, or others closely connected with a known or
suspected terrorist who are excludable from the United States based on
these relationships by virtue of Section 212(a)(3)(B) of the
Immigration and Nationality Act, as amended, and do not otherwise
satisfy the requirements for inclusion in the TSDB.
DHS is adding two new categories of individuals to include: (1)
Individuals who were officially detained during military operations,
but not as enemy prisoners of war, and who have been identified as
possibly posing a threat to national security, and who do not otherwise
satisfy the requirements for inclusion in the TSDB (``military
detainees''), consistent with E.O. 12333 (or successor order) and the
DOJ/FBI-019; and (2) individuals who may pose a threat to national
security because they are (a) 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,
and (b) do not otherwise satisfy the requirements for inclusion in the
TSDB (``transnational organized crime actors''), consistent with E. O.
12333 (or successor order) (``national security threats'') and in
support of the White House's ``Strategy to Combat

[[Page 3813]]

Transnational Organized Crime'' (July 19, 2011), and National Security
Presidential Directive-59/Homeland Security Presidential Directive-24,
``Biometrics for Identification and Screening to Enhance National
Security'' (June 5, 2008).
DHS is updating this system of records to clarify and expand the
categories of records maintained by the Department. These categories of
records are types of data elements included in the TSDB and are shared
with DHS and have been deemed relevant to supporting DHS's vetting and
screening operations.
1. Identifying biographic information, such as name, date of birth,
place of birth, passport or driver's license information, and any 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 and/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.
DHS is planning future enhancements to the WLS that will provide
for a central mechanism to receive information from DHS components when
they encounter a potential match to the TSDB and send this information
to the FBI/TSC. DHS will update this SORN to reflect such enhancements
to the WLS once that capability is implemented. All encounter-related
information sharing from DHS to the FBI/TSC will be conducted pursuant
to the programmatic system of records notices outlined above.
DHS previously published a Final Rule in the Federal Register to
exempt this system of records from certain provisions of the Privacy
Act at 75 FR 55335, Dec. 29, 2011. DHS is publishing a new notice of
proposed rulemaking to cover the exemptions that will now be applied to
these new categories of individuals covered within this system of
records. The existing Final Rule for Privacy Act exemptions continues
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 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. Sec. 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
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 Section 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 and/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, Public Law 107-296, 116 Stat. 2135;
The Tariff Act of 1930, Public Law 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

[[Page 3814]]

Terrorism Prevention Act of 2004, Public Law 108-458, 118 Stat 3638;
National Security Act of 1947, Public Law 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. 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) 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 subsection 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.

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 the TSDB,
the 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 the TSDB feed received by WLS.
The authorized DHS component that is screening individuals will
maintain, separate from the WLS, a record of a match or possible match
with the TSDB and DHS will retain this information in accordance with
the DHS component specific SORNs identified in this notice.

System Manager and address:
Executive Director, Passenger Systems Program 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 FOIA Officer, whose contact information can
be found at http://www.dhs.gov/foia under ``contacts.'' If an
individual believes more than one component maintains Privacy Act
records concerning him or her the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act Officer,
Department of Homeland Security, 245 Murray Drive SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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/her records.
Without the above information, the component(s) may not be able to

[[Page 3815]]

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
System, 72 FR 47073, Aug. 22, 2007.

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

Dated: January 12, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-01167 Filed 1-21-16; 8:45 am]
BILLING CODE 9110-9B-P

3812 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices

• Fax: 202–343–4010. by information sharing agreements. The (2) DHS/ICE–009, U.S. Immigration
• Mail: Karen L. Neuman, Chief WLS is a system-to-system secure and Customs Enforcement’s (ICE) ‘‘ICE
Privacy Officer, Privacy Office, connection with no direct user interface. External Investigations,’’ 75 FR 404, Jan.
Department of Homeland Security, DHS and its components are 5, 2010.
Washington, DC 20528–0655. authorized to access TSDB records via Transactional Information stored in
Instructions: All submissions received the WLS pursuant to the terms of the WLS may be shared with the FBI/
must include the agency name and information sharing agreements with TSC in order to ensure that DHS and the
docket number for this rulemaking. All FBI/TSC. DHS is updating this SORN FBI/TSC can reconcile any differences
comments received will be posted and has published privacy impact in the database and ensure DHS has the
without change to http:// assessments to provide additional most up-to-date and accurate version of
www.regulations.gov, including any transparency into how DHS has TSDB records, such as through
personal information provided. implemented WLS. DHS will review automated response messages from WLS
Docket: For access to the docket to and update this SORN no less than to TSC. All other sharing will be
read background documents or every two years as new DHS systems are conducted pursuant to the
comments received, please visit http:// interconnected with the WLS and are programmatic system of records notices.
www.regulations.gov. approved, consistent with the terms of DHS is also updating this system of
agreements with FBI/TSC. There are records to clarify one category of
FOR FURTHER INFORMATION CONTACT: For
currently six DHS systems authorized to individuals and add two new categories
general questions and privacy issues
receive TSDB data directly from the of individuals whose information is
please contact: Karen L. Neuman (202–
FBI/TSC via WLS, including two currently included in, or is
343–1717), Chief Privacy Officer,
systems new to this SORN. The contemplated for inclusion in, the
Privacy Office, Department of Homeland
following systems have existing SORNs TSDB. These categories of information
Security, Washington, DC 20528.
that permit the use of the TSDB: have been included in the TSDB to in
SUPPLEMENTARY INFORMATION: support of the White House’s ‘‘Strategy
(1) Transportation Security
I. Background Administration (TSA): ‘‘DHS/TSA–002 to Combat Transnational Organized
Transportation Security Threat Crime’’ (July 19, 2011), and National
In accordance with the Privacy Act of Security Presidential Directive-59/
1974, 5 U.S.C. 552a, the Department of Assessment System (T–STAS),’’ 79 FR
Homeland Security Presidential
Homeland Security (DHS) proposes to 46862, Aug. 11, 2014;
Directive-24, ‘‘Biometrics for
update and reissue the current system of (2) TSA Secure Flight Program: ‘‘DHS/
Identification and Screening to Enhance
records titled, ‘‘Department of TSA–019 Secure Flight Records,’’ 80 FR
National Security’’ (June 5, 2008). These
Homeland Security (DHS)/ALL–030 Use 233 Jan. 5, 2015;
executive strategies are relevant to
of the Terrorist Screening Database (3) U.S. Customs and Border
DHS’s vetting and screening operations.
(TSDB) System of Records.’’ DHS Protection (CBP) Passenger Systems DHS is clarifying the category of
maintains a synchronized copy of the Program, as included in TECS: ‘‘DHS/ individuals to explicitly include
Department of Justice’s (DOJ) Federal CBP–011 TECS’’, 73 FR 77778, Dec. 19, relatives, associates, or others closely
Bureau of Investigation’s (FBI) Terrorist 2008; connected with a known or suspected
Screening Database (TSDB), which (4) Office of Biometric Identity terrorist who are excludable from the
includes individuals covered by DOJ/ Management (OBIM), as included in the United States based on these
FBI–019, ‘‘Terrorist Screening Records DHS Automated Biometric relationships by virtue of Section
Center System,’’ 72 FR 77846, Dec. 14, Identification System (IDENT): DHS/ 212(a)(3)(B) of the Immigration and
2011, via a technological mechanism US–VISIT–004, ‘‘DHS Automated Nationality Act, as amended, and do not
called the ‘‘DHS Watchlist Service Biometric Identification System otherwise satisfy the requirements for
(WLS).’’ The DHS WLS disseminates (IDENT),’’ 72 FR 31080, June 5, 2007. inclusion in the TSDB.
received TSDB records to authorized DHS is expanding the use of the WLS DHS is adding two new categories of
DHS components. within the Department to include two individuals to include: (1) Individuals
Homeland Security Presidential new systems with existing SORNs that who were officially detained during
Directive 6 (HSPD–6), issued in cover the use of the TSDB: military operations, but not as enemy
September 2003, called for the (5) CBP, DHS/CBP–006, ‘‘Customs prisoners of war, and who have been
establishment and use of a single, and Border Protection Automated identified as possibly posing a threat to
consolidated watchlist to improve the Targeting System’’, 77 FR 30297, May national security, and who do not
identification and screening of known 22, 2012; otherwise satisfy the requirements for
or suspected terrorists and their (6) U.S. Citizenship and Immigration inclusion in the TSDB (‘‘military
supporters. The FBI’s Terrorist Services (USCIS) Fraud Detection and detainees’’), consistent with E.O. 12333
Screening Center (TSC) maintains and National Security (FDNS) Directorate, as (or successor order) and the DOJ/FBI–
distributes TSDB as the U.S. included in the FDNS-Data System, 019; and (2) individuals who may pose
Government’s consolidated terrorist ‘‘DHS/USCIS–006 Fraud Detection and a threat to national security because
watchlist system. DHS and the FBI/TSC National Security Records’’ 77 FR they are (a) known or suspected to be or
developed the WLS in order to automate 47411, Aug. 8, 2012. have been engaged in conduct
and simplify the method for Two other DHS components are constituting, in aid of, or related to
transmitting TSDB records from the FBI/ authorized to receive TSDB data via the transnational organized crime, thereby
mstockstill on DSK4VPTVN1PROD with NOTICES

TSC to DHS and its authorized WLS in the form of a computer readable posing a possible threat to national
components. extract. The components’ use of the security, and (b) do not otherwise satisfy
The WLS supports an automated and TSDB data is covered by existing the requirements for inclusion in the
centralized data transmission of TSDB SORNs: TSDB (‘‘transnational organized crime
data to DHS and its components. The (1) DHS/IA–001, ‘‘Office of actors’’), consistent with E. O. 12333 (or
WLS replaced multiple data feeds from Intelligence and Analysis (I&A) successor order) (‘‘national security
the FBI/TSC to DHS and its Enterprise Records System,’’ 73 FR threats’’) and in support of the White
components, which were documented 28128, May 15, 2008; and House’s ‘‘Strategy to Combat

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act System of Records.
Dates		Submit comments on or before February 22, 2016. This updated system will be effective February 22, 2016.
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.
FR Citation		81 FR 3811

81 FR 3811 - Privacy Act of 1974; Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 14 (January 22, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary