[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18863-18867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8316]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0015]
Privacy Act of 1974; Department of Homeland Security
Transportation Security Administration--006 Correspondence and Matters
Tracking Records
AGENCY: Privacy Office, DHS.
[[Page 18864]]
ACTION: Notice to alter an existing Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security is updating and reissuing the Department of Homeland
Security Transportation Security Administration--006 Correspondence and
Matters Tracking Records system of records, last published on August
18, 2003, to reflect necessary programmatic changes. As a result of the
biennial review of this system, modifications are being made to the
system of records' authorities, routine uses, data retention and
disposal, notification procedures, and system location. The Department
of Homeland Security Transportation Security Administration
Correspondence and Matters Tracking Records system covers records
associated with the management, tracking, retrieval, and response to
incoming correspondence, all outgoing correspondence, memoranda,
documentation, injuries, claims, and complaints associated with all
subject matters over which the Transportation Security Administration
exercises jurisdiction. For example, records pertaining to individuals
who make a complaint to the agency's contact center are covered by this
system.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2) as reflected in the final rule published in the Federal Register
on June 25, 2004.
This updated system will continue to be included in the Department
of Homeland Security's inventory of record systems.
DATES: Submit comments on or before May 13, 2010. This new system will
be effective May 13, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0015 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Peter Pietra ([email protected]), Privacy Officer, Transportation
Security Administration, TSA-36, 601 South 12th Street, Arlington, VA,
20598-6036. For privacy issues please contact: Mary Ellen Callahan
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 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) Transportation Security
Administration (TSA) is updating and reissuing a DHS/TSA system of
records notice titled, DHS/TSA-006 Correspondence Matters Tracking
System Records (CMTR) (68 FR 49496, August 18, 2003).
TSA's mission is to protect the nation's transportation systems to
ensure freedom of movement for people and commerce. To achieve this
mission, TSA is required to develop and adapt its security programs to
respond to evolving threats to transportation security. In accordance
with the biennial review of this system, the following modifications
are being made:
TSA is updating the authorities for maintenance of the
system.
DHS/TSA is updating the system of records to incorporate
four DHS standard routines uses. One routine use will allow release of
information to appropriate agencies, entities, and persons when DHS/TSA
suspects or has confirmed that the security or confidentiality of
information in a system of records has been compromised The second
routine use permits the release of information to the media when there
exists a legitimate public interest in disclosing information. Release
under this routine use will require the approval of the Chief Privacy
Officer in consultation with the counsel. The third routine use allows
the release of information to a court, magistrate, administrative
tribunal or opposing counsel or parties where a federal agency is a
party or has an interest in the litigation or administrative
proceeding. The fourth routine use allows DHS/TSA to release
information to a former employee when it is necessary to consult with
the former employee regarding a matter that is within that person's
former area of responsibility.
Additionally, DHS/TSA is revising a routine use that
currently allows DHS/TSA to release information only to third parties
during the course of an investigation related to transportation
security. The revised routine use will allow disclosure to third
parties for the purposes of investigating any matter before DHS/TSA.
These changes will allow DHS/TSA to thoroughly and efficiently
investigate and adjudicate theft or damage claims before the agency, as
well as complaints about employees. DHS/TSA is also revising a current
routine use by adding indirect air carriers and other facility
operators as potential recipients of information about individuals who
are their employees, job applicants, or contractors, or persons to whom
they issue identification credentials or grant clearances to secured
areas in transportation facilities when relevant to such employment,
application, contract, training or the issuance of such credentials or
clearances.
DHS/TSA is removing the routine uses involving sharing with the
Department of State and other Intelligence Community agencies,
information relating to persons who may pose a risk to transportation
or national security. Also removed as a routine use is the sharing of
information with the Attorney General of the United States concerning
violations of the Brady Handgun Violence Prevention Act. Both routine
uses are duplicative.
The retention and disposal section has been updated to
reflect the records retention schedule approved by the National
Archives and Records Administration (NARA).
The notification section was changed to reflect that
inquiries regarding whether the applicable system contains records
about an individual should be directed to TSA's Freedom of Information
Act (FOIA) Office.
DHS/TSA updated the system location to reflect the current
location of the system.
The CMTR system covers records associated with the management,
tracking, retrieval, and response to incoming correspondence, all
outgoing correspondence, memoranda, documentation, injuries, claims,
and complaints associated with all subject matters over which DHS/TSA
exercises jurisdiction. For example, records pertaining to individuals
who make a complaint to the agency's contact center are covered by this
system. DHS/TSA is revising its system of records to reflect necessary
programmatic changes.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2) as reflected in the final rule published in the Federal Register
on June 25, 2004 (69 FR 35536).
Consistent with the Privacy Act, information stored in the CMTR
system may be shared with other DHS
[[Page 18865]]
components, as well as appropriate federal, state, local, tribal,
foreign, or international government agencies. This sharing will only
take place after DHS determines that the receiving component or agency
has a need to know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice.
II. Privacy
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the DHS/TSA-
006 CMTR system system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM OF RECORDS:
DHS/TSA-006.
System Name:
Transportation Security Administration 006 Correspondence and
Matters Tracking Records (CMTR).
Security classification:
Sensitive, Classified.
System location:
Records are maintained at the TSA Office of the Executive
Secretariat, TSA Headquarters in Arlington, Virginia. Records may also
be located at the Office of Legislative Affairs, Office of Civil Rights
and Liberties, Redress Office, and the Office of the Ombudsman (which
includes the Consumer Response Center (CRC)), to the extent those
offices maintain matter tracking information. Records may also be
maintained in other offices at TSA Headquarters and the various TSA
field offices.
Categories of individuals covered by the system:
To the extent not covered by any other system, this system covers
individuals who submit inquiries, comments, complaints, or claims to
TSA in writing, in person, or by telephone, for response and resolution
and those with any matter pending before TSA. This includes TSA
employees, Members of Congress and their staff, officers and employees
of other Executive branch agencies and the White House, tort and
property claimants who have filed claims against the Government or TSA,
stakeholders, passengers in transportation, and members of the public.
Categories of records in the system:
Correspondence and information related thereto, including name,
address, and telephone number of individuals contacting TSA; records of
contacts made by or on behalf of individuals, including inquiries,
comments, complaints, resumes and letters of reference; staff reports;
TSA's responses to correspondence and calls; and staff recommendations
on actions requiring approval or action by a TSA official. The system
also includes records, including those prepared by TSA employees,
related to matters under consideration by TSA.
Authority for maintenance of the system:
5 U.S.C. 301, 28 U.S.C. 1346(b), 1402(b), 2401(b), 2412(c), 2671-
80; 31 U.S.C. 3325, 3332, 3701, 3711, 3721; 49 U.S.C. 114.
Purposes:
(a) To facilitate and assist in the management, tracking,
retrieval, and response to incoming correspondence, inquiries, claims,
and complaints associated with all subject matters over which TSA
exercises jurisdiction.
(b) To monitor assignment, disposition, status, and results of
correspondence, inquiries, claims, and complaints sent to TSA and,
generally, to review, analyze, investigate, and study trends identified
by the concerns expressed.
(c) To facilitate and assist in the management, tracking, and
retrieval of information associated with matters and issues under
consideration by TSA.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. To the Department of Justice (DOJ) (including United States
Attorney offices) or other federal agency in anticipation of or
conducting litigation or in proceedings before any court, adjudicative
or administrative body, when it is necessary to the litigation and one
of the following is a party to the litigation or has an interest in
such litigation:
1. DHS or any component thereof;
2. Any current or former employee of DHS in his/her official
capacity, or
3. Any current or former employee of DHS in his/her individual
capacity where DOJ or DHS has agreed to represent the employee, or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of
[[Page 18866]]
harm to economic or property interests, identity theft or fraud, or
harm to the security or integrity of this system or other systems or
programs (whether maintained by DHS or another agency or entity) or
harm to the individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS when necessary to
perform an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign agency, including law enforcement, or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
H. To the United States Department of Transportation and its
operating administrations when relevant or necessary to
1. Ensure safety and security in any mode of transportation;
2. Enforce safety- and security-related regulations and
requirements;
3. Assess and distribute intelligence or law enforcement
information related to transportation security;
4. Assess and respond to threats to transportation;
5. Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
6. Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
7. The issuance, maintenance, or renewal of a license, certificate,
contract, grant, or other benefit.
I. To a federal, state, local, tribal, territorial, foreign, or
international agency, in response to queries regarding persons who may
pose a risk to transportation or national security; a risk of air
piracy or terrorism or a threat to airline or passenger safety; or a
threat to aviation safety, civil aviation, or national security.
J. To a federal, state, local, tribal, territorial, foreign, or
international agency, where such agency has requested information
relevant or necessary for the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit.
K. To a federal, state, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
DHS/TSA decision concerning initial or recurrent security threat
assessment, the hiring or retention of an employee; the issuance of a
security clearance, license, endorsement, contract, grant, waiver,
credential, or other benefit and to facilitate any associated payment
and accounting.
L. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
M. To third parties during the course of an investigation into any
matter before DHS/TSA to the extent necessary to obtain information
pertinent to the investigation.
N. To airport operators, aircraft operators, and maritime and
surface transportation operators, indirect air carriers, and other
facility operators about individuals who are their employees, job
applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, or the issuance of such credentials or
clearances.
O. To a debt collection agency for the purpose of debt collection.
P. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
federal, state or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
Q. To a court, magistrate, or administrative tribunal where a
federal agency is a party to the litigation or administrative
proceeding in the course of presenting evidence, including disclosures
to opposing counsel or witnesses in the course of civil discovery,
litigation or settlement negotiations or in connection with criminal
law proceedings.
R. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, where there exists a
legitimate public interest in the disclosure of the information except
to the extent it is determined that release of the specific information
in the context of a particular case would constitute an unwarranted
invasion of personal privacy or a risk to transportation or national
security.
Disclosure to consumer reporting agencies:
Privacy Act information may be reported to consumer reporting
agencies pursuant to 5 U.S.C. 552a(b)(12) for the purpose of collecting
a debt on behalf of the United States Government.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records may be maintained on paper, audio, and video recordings,
and in computer accessible storage media. Records may also be stored on
microfiche and roll microfilm. Records that are sensitive or classified
are safeguarded in accordance with agency procedures and applicable
Executive Orders and statutes.
Retrievability:
Records are retrieved by name, Social security number or other
assigned identifier of an individual covered by this system.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include restricting access to
authorized personnel who have a need-to-know and password protection
identification features. TSA file areas are locked after normal duty
hours and the facilities are protected from the outside by security
personnel.
Retention and disposal:
In accordance with NARA approved records schedule, N1-560-03-4,
Contact Center and Ombudsman inquiries are destroyed after three years;
correspondence files including Congressional correspondence are
[[Page 18867]]
retained permanently; redress records are retained for seven years for
individuals who were cleared as possible matches, and 99 years for
individual who were actual matches.
System manager and address:
Director, Office of the Executive Secretariat, TSA Headquarters,
601 S. 12th Street, Arlington, VA 20598.
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 as reflected in the final rule
published on June 25, 2004 (69 FR 35536). However, TSA will consider
individual requests to determine whether or not information may be
released. This, 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's FOIA Officer, whose contact information can be found at
http://www.dhs.gov/foia under ``contacts.'' TSA's FOIA office may be
reached by mail at Transportation Security Administration, TSA-20, FOIA
Office, 601 S. 12th Street, Arlington, VA 20598. If an individual
believes more than one component maintains Privacy Act records
concerning him/her the individual may submit the request to the Chief
Privacy 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 or records you 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 data and place of birth. You must sign your
request, and your signature must 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 Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to other
living individual, you must include a statement from the individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedure:
Same as ``Notification Procedure'' above.
Contesting record procedures:
Same as ``Notification Procedure'' above.
Record source categories:
Records are obtained from calls and correspondence from or on
behalf of individuals who contact TSA with inquiries, comments,
complaints, or claims, as well as from TSA employees or contractors and
witnesses, and other third parties who provide pertinent information
where applicable. Information may also be collected from documents such
as records of the contact made with TSA, incident reports, and from
other sources, such as employers, state and local agencies, other
federal agencies, and related material for background as appropriate.
Exemptions claimed for the system:
Portions of this system are exempt under 5 Sec. Sec. 552a(k)(1)
and (k)(2) as reflected in the final rule published on June 25, 2004
(69 FR 35536).
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8316 Filed 4-12-10; 8:45 am]
BILLING CODE 4910-62-P