The following Federal Register Notice is now available: Privacy Act of 1974: Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records

[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Notices]
[Pages 19988-19990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 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