DHS/TSA 009 General Legal Records

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Type of Information Collection:
Reinstatement, without change, of a
previously approved collection for
which approval has expired.
OMB Number: 3067–0166.
Abstract: Section 416 of the Disaster
Relief Act of 1974 (Public Law 93–288),
as amended by the Robert T. Stafford
Disaster and Emergency Assistance Act
of 1988 (Public Law 100–707), 42 U.S.C.
5183, authorizes the President to
provide financial assistance to State and
local governments for professional
counseling services to victims of major
disasters in order to relieve mental
health problems caused or aggravated by
a major disaster or its aftermath. FEMA
regulation 44 CFR part 206, subpart F,
section 206.171, implements the
provisions of the Act.
The Immediate Services Program
provides funding in response to a State
request for the period immediately
following a Presidentially declared
disaster, and includes community
outreach, consultation and public
education and counseling techniques.
The program is available for a limited
period of time not to exceed 60 days,
unless an application for regular
program funding is submitted. FEMA
provides funds in the form of a Federal
grant through the State emergency
management office to the State Mental
Health Authority or other mental health
organization designated by the Governor
to provide crisis-counseling services to
the Presidentially declared
communities.
Affected Public: State, local, or Tribal
governments.
Number of Respondents: 17.
Estimated Time Per Respondent: 80
hours.
Estimated Total Annual Burden
Hours: 1,480.
Frequency of Response: On occasion.
Comments: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention: Desk Officer for the
Emergency Preparedness and Response
Directorate/Federal Emergency
Management Agency, Washington, DC
20503, within 30 days of the date of this
notice.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Muriel B. Anderson,
Chief, Records Management Branch,
Information Resources Management
Division, Information Technology
Services Directorate, Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,

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Department of Homeland Security, 500
C Street, SW., Room 316, Washington,
DC 20472, facsimile number (202) 646–
3347, or e-mail address:
InformationCollections@fema.gov.
Dated: August 11, 2003.
George Trotter,
Acting Division Director, Information
Resources Management Division, Information
Technology Services Directorate.
[FR Doc. 03–21009 Filed 8–15–03; 8:45 am]
BILLING CODE 6718–01–P

DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket No. TSA–2003–15901]

Privacy Act of 1974: System of
Records
AGENCY: Transportation Security
Administration (TSA), DHS.
ACTION: Notice to establish new and
altered systems of records; request for
comments.
SUMMARY: The Transportation Security
Administration is altering three systems
of records and establishing six new
systems of records under the Privacy
Act of 1974.
DATES: Comments due on September 17,
2003.
ADDRESSES: Address your comments to
the Docket Management System, U.S.
Department of Transportation, Room
Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590–0001. You must
identify the docket number TSA–2003–
15901 at the beginning of your
comments, and you should submit two
copies of your comments. If you wish to
receive confirmation that TSA received
your comments, include a selfaddressed, stamped postcard.
You may also submit comments
through the Internet at http://
dms.dot.gov. Please be aware that
anyone is able to search the electronic
form of all comments received into any
of these dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages
19477–78) or you may visit http://
dms.dot.gov. You may also review the
public docket containing comments in
person at the Dockets Office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Dockets Office is on the plaza level of

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the NASSIF Building at the Department
of Transportation at the above address.
FOR FURTHER INFORMATION CONTACT:
Conrad Huygen, Privacy Act Officer,
TSA Office of Information Management
Programs, TSA Headquarters, West
Tower, 4th Floor (412S), 601 S. 12th
Street, Arlington, VA 22202–4220;
telephone (571) 227–1954; facsimile
(571) 227–2912.
SUPPLEMENTARY INFORMATION:
Background
Prior to March 1, TSA was an
operating administration within the
Department of Transportation (DOT).
While part of the DOT, TSA established
three Privacy Act systems of records.
See 67 FR 77311, Dec. 17, 2002. As of
March 1, 2003, TSA became a
component of the Department of
Homeland Security (DHS) and is now
required to republish its established
systems and new systems under DHS.
TSA is republishing its established
systems, with modifications to the
routine uses section of each. TSA is also
establishing six new systems.
DHS/TSA 001
SYSTEM NAME:

Transportation Security Enforcement
Record System (TSERS)
SECURITY CLASSIFICATION:

Classified, sensitive.
SYSTEM LOCATION:

Records are maintained in the Office
of Chief Counsel and in the Office of the
Assistant Administrator for Aviation
Operations, Transportation Security
Administration (TSA) Headquarters in
Arlington, Virginia. Records will also be
maintained at the various TSA field
offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Owners, operators, and employees in
all modes of transportation for which
TSA has security-related duties;
witnesses; passengers undergoing
screening of their person or property;
and individuals against whom
investigative, administrative, or legal
enforcement action has been initiated
for violation of certain Transportation
Security Administration Regulations
(TSR), relevant provisions of 49 U.S.C.
Chapter 449, or other laws.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information related to the screening of
passengers and property and the
investigation or prosecution of any
alleged violation, including name of and
demographic information about alleged
violators and witnesses; place of

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violation; Enforcement Investigative
Reports (EIRs); security incident reports,
screening reports, suspicious-activity
reports and other incident or
investigative reports; statements of
alleged violators and witnesses;
proposed penalty; investigators’
analyses and work papers; enforcement
actions taken; findings; documentation
of physical evidence; correspondence of
TSA employees and others in
enforcement cases; pleadings and other
court filings; legal opinions and attorney
work papers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 114(d), 44901, 44903,
44916, 46101, 46301.
PURPOSES:

The records are created in order to
maintain a civil enforcement and
inspections system for all modes of
transportation for which TSA has
security related duties. They may be
used, generally, to identify, review,
analyze, investigate, and prosecute
violations or potential violations of
transportation security laws. They may
also be used to record the details of TSA
security-related activity, such as
passenger or baggage screening.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or

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service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) 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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(10) To airport operators, aircraft
operators, and maritime and land
transportation 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.
(11) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and lawsuits involving matters over
which TSA exercises jurisdiction.
(12) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,

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49497

when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(13) 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.
(14) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(15) To the Attorney General of the
United States or his/her official
designee, when information indicates
that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
(16) To the news media in accordance
with the guidelines contained in 28 CFR
50.2, which relate to civil and criminal
proceedings.
(17) To any agency or instrumentality
charged under applicable law with the
protection of the public health or safety
under exigent circumstances where the
public health or safety is at risk.
(18) To the Department of Justice,
United States Attorney’s Office, or other
Federal agencies for further collection
action on any delinquent debt when
circumstances warrant.
(19) To a debt collection agency for
the purpose of debt collection.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Privacy Act information may be
reported to consumer reporting agencies
pursuant to 5 U.S.C. 552a(b)(12)
collecting on behalf of the United States
Government.

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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

Homeland Security Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).

STORAGE:

Records are maintained on paper and
in computer-accessible storage media.
Records are also stored on microfiche
and roll microfilm.
RETRIEVABILITY:

Records are retrieved by name,
address, social security account number,
administrative action or legal
enforcement numbers, or other assigned
identifier of the individual on whom the
records are maintained.
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 also have a need-toknow; using locks, alarm devices, and
passwords; and encrypting data
communications. Strict control
measures are enforced to ensure that
access to classified and/or sensitive
information in these records is also
based on ‘‘need to know.’’ Electronic
access is limited by computer security
measures that are strictly enforced. TSA
file areas are locked after normal duty
hours and the facilities are protected
from the outside by security personnel.
RETENTION AND DISPOSAL:

National Archives and Records
Administration approval is pending for
the records in this system. Paper records
and information stored on electronic
storage media are maintained within
TSA for five years and then forwarded
to Federal Records Center. Records are
destroyed after ten years.
SYSTEM MANAGER AND ADDRESS:

Information Systems Program
Manager, Office of the Chief Counsel,
TSA Headquarters, West Tower, 8th
Floor, TSA–2, 601 S. 12th Street,
Arlington, VA 22202–4220.
NOTIFICATION PROCEDURE:

To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURE:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of

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CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedure,’’
and ‘‘Record Access Procedures’’ above.
RECORD SOURCE CATEGORIES:

Information contained in this system
is obtained from the alleged violator,
TSA employees or contractors,
witnesses to the alleged violation or
events surrounding the alleged
violation, other third parties who
provided information regarding the
alleged violation, state and local
agencies, and other Federal agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).
DHS/TSA 002
SYSTEM NAME:

Transportation Workers Employment
Investigations System (TWEI).
SECURITY CLASSIFICATION:

Classified, Sensitive.
SYSTEM LOCATION:

Records are maintained at the offices
of the Transportation Security
Administration (TSA) Headquarters in
Arlington, Virginia. Some records may
also be maintained at the offices of a
TSA contractor, or in TSA field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

(a) Individuals who require or seek
access to airport secured or sterile areas;
have unescorted access authority to a
security identification display area
(SIDA); have authority to grant others
unescorted access to a SIDA; are seeking
unescorted access authority to a SIDA;
are seeking to have authority to grant
others unescorted access to a SIDA;
have regular escorted access to a SIDA;
or are seeking regular escorted access to
a SIDA.
(b) Individuals who have or are
seeking responsibility for screening
passengers or carry-on baggage, and
those persons serving as immediate
supervisors and the next supervisory
level to those individuals, other than
employees of the TSA who perform or
seek to perform these functions.
(c) Individuals who have or are
seeking responsibility for screening
checked baggage or cargo, and their
immediate supervisors, other than
employees of the TSA who perform or
seek to perform these functions.
(d) Individuals who have or are
seeking the authority to accept checked
baggage for transport on behalf of an

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aircraft operator that is required to
screen passengers.
(e) Pilots, flight engineers, flight
navigators, and flight attendants
assigned to duty in an aircraft during
flight time for an aircraft operator that
is required to adopt and carry out a
security program.
(f) Individuals who have or are
seeking access to a transportation
facility in the maritime or land
transportation system.
(g) Other individuals who are
connected to the transportation industry
for whom TSA conducts background
investigations to ensure transportation
security.
CATEGORIES OF RECORDS IN THE SYSTEM:

TSA’s system may contain any or all
of the following: (a) Name; (b) address;
(c) social security number; (d) date of
birth; (e) name and submitting office
number of the airport, aircraft operator,
or maritime or land transportation
operator submitting the individual’s
information; (f) control number
associated with identification
credential; (g) OPM case number; (h)
other data as required by Form FD 258
(fingerprint card); (i) dates of
submission and transmission of the
information, as necessary to assist in
tracking submissions, payments, and
transmission of records; (j)
identification records obtained from the
Federal Bureau of Investigation (FBI),
which are compilations of criminal
history record information pertaining to
individuals who have criminal
fingerprints maintained in the FBI’s
Fingerprint Identification Records
System (FIRS); (k) data gathered from
foreign governments that are necessary
to address security concerns in the
aviation, maritime, or land
transportation systems; (l) information
provided by the Central Intelligence
Agency; (m) other information provided
by the information systems of other
Federal, State, and local governmental
agencies; and (n) fingerprint and/or
other biometric identifier.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 114, 5103a, 44936, 46105;
Section 102, Pub. L. 107–295 (Maritime
Transportation Security Act of 2002);
Section 1012, Pub. L. 107–56 (USA
PATRIOT Act).
PURPOSE(S):

(a) To facilitate the performance of
secured access background checks and
other employment investigations,
including fingerprint-based criminal
history records checks (CHRCs), which
Federal law and TSA regulations require
for the individuals identified in

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‘‘Categories of individuals covered by
the system’’ above.
(b) To assist in the management and
tracking of the status of secured access
background checks and other
employment investigations.
(c) To permit the retrieval of the
results of secured access background
checks and other employment
investigations, including criminal
history records checks and searches in
other governmental identification
systems, performed on the individuals
covered by this system.
(d) To permit the retrieval of
information from other law enforcement
and intelligence databases on the
individuals covered by this system.
(e) To track the fees incurred and
payment of those fees by the airport
operators, aircraft operators, and
maritime and land transportation
operators for services related to the
secured access background checks and
other employment investigations.
(f) To facilitate the performance of
other investigations that TSA may
provide to ensure transportation
security.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with

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the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) 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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(10) To airport operators, aircraft
operators, and maritime and land
transportation 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.
(11) To the Office of Personnel
Management (OPM), the FBI, and other
government agencies, as necessary, to
conduct the background check or
employment investigation and to
facilitate payment and accounting.
(12) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and lawsuits involving matters over
which TSA exercises jurisdiction.

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49499

(13) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(14) 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.
(15) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(16) To the Attorney General of the
United States or his/her official
designee, when information indicates
that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

In electronic storage media and hard
copy.
RETRIEVABILITY:

Information can be retrieved by name,
social security number, submitting
office number (SON), OPM case
number, or other unique number
assigned to the individual.
SAFEGUARDS:

All records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These

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safeguards include restricting access to
those authorized with a need-to-know;
using locks, alarm devices, and
passwords; and encrypting data
communications.

Administration Headquarters located in
Arlington, Virginia. Some records may
also be maintained at the offices of a
TSA contractor, or in TSA field offices.

RETENTION AND DISPOSAL:

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

National Archives and Records
Administration approval is pending for
the records in this system.

Current and former TSA employees,
applicants for TSA employment, and
TSA contract employees.

SYSTEM MANAGER(S) AND ADDRESS:

CATEGORIES OF RECORDS IN THE SYSTEM:

Director of the Credentialing Program
Office, TSA Headquarters, East Tower,
11th Floor, 601 S. 12th Street,
Arlington, VA 22202–4220.

The system contains an index
reference record used to track the status
of an applicant’s background
investigation, Standard Form 85P—
‘‘Questionnaire For Public Trust
Positions,’’ investigative summaries and
compilations of criminal history record
checks, and administrative records and
correspondence incidental to the
background investigation process.

NOTIFICATION PROCEDURE:

To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURES:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedures,’’
and ‘‘Record Access Procedures’’ above.
RECORD SOURCE CATEGORIES:

Information is collected from
individuals subject to a secured access
background check or other employment
investigation and from aviation,
maritime, and land transportation
operators. Information is also collected
from domestic and international
intelligence sources, including the
Central Intelligence Agency, and other
governmental, private and public
databases. The sources of information in
the criminal history records obtained
from the FBI are set forth in the Privacy
Act system of records notice ‘‘JUSTICE/
FBI–009.’’
EXEMPTIONS CLAIMED FOR THE SYSTEM:

Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).
DHS/TSA 004
SYSTEM NAME:

Personnel Background Investigation
File System
SECURITY CLASSIFICATION:

Classified, Sensitive.
SYSTEM LOCATION:

Records are maintained at the offices
of the Transportation Security

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 3301, 3302; 49 U.S.C. 114,
44935; 5 CFR parts 731, 732, and 736;
and Executive Orders 10450, 10577, and
12968.
PURPOSE(S):

The system will maintain
investigative and background records
used to make suitability and eligibility
determinations for the individuals listed
under ‘‘Categories of individuals.’’
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) Except as noted in Question 14 of
the Questionnaire for Public Trust
Positions, to the appropriate Federal,
State, local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential

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violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this record for which
they have been engaged. Such recipients
shall be required to comply with the
Privacy Act, 5 U.S.C. 552a, as amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) 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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(10) To airport operators, aircraft
operators, and maritime and land
transportation 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.
(11) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and lawsuits involving matters over
which TSA exercises jurisdiction.

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(12) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(13) 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.
(14) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(15) To the Attorney General of the
United States or his/her official
designee, when information indicates
that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
(16) To any agency or instrumentality
charged under applicable law with the
protection of the public health or safety
under exigent circumstances where the
public health or safety is at risk.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

SAFEGUARDS:

Access to TSA working and storage
areas is restricted to employees on a
‘‘need to know’’ basis. Strict control
measures are enforced to ensure that
access to these records is also based on
‘‘need to know.’’ Generally, TSA file
areas are locked after normal duty hours
and the facilities are protected from the
outside by security personnel.

SYSTEM MANAGER AND ADDRESS:

CATEGORIES OF RECORDS IN THE SYSTEM:

Director of the Credentialing Program
Office, TSA Headquarters, East Tower,
11th Floor, 601 S. 12th Street,
Arlington, VA 22202–4220.

(a) Information relating to
investigations, including identifying
information related to the parties to the
investigation (e.g., subject,
complainants, witnesses);
correspondence; memoranda (including
legal opinions or advice provided by
agency counsel); statements and other
information provided by investigation
subjects, complainants, witnesses, or
others; and details of alleged criminal,
civil, or administrative misconduct, or
otherwise indicative of such
misconduct, by TSA employees.
(b) Investigative files and reports
prepared by the Office of Internal
Affairs and Program Review, to include
all related material such as exhibits,
statements, affidavits, records obtained
during the course of the investigation
(including those obtained from other
sources, such as Federal, State, local,
international, or foreign investigatory or
law enforcement agencies and other
government agencies), and records
involving the disposition of the
investigation and any resulting agency
action (e.g., criminal prosecutions, civil
proceedings, administrative action).

NOTIFICATION PROCEDURE:

To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURES:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedure,’’
and ‘‘Record Access Procedures’’ above.
RECORD SOURCE CATEGORIES:

Information contained in this system
is obtained from the job applicant on the
Questionnaire For Public Trust
Positions, law enforcement and
intelligence agency record systems,
publicly available government records
and commercial data bases.
Portions of this system are exempt
under 5 U.S.C. 552a(k)(5).

Records are maintained on paper and
in computer-accessible storage media.
Records are also stored on microfiche
and roll microfilm.

DHS/TSA 005

RETRIEVABILITY:

SECURITY CLASSIFICATION:

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Jkt 200001

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

(a) Current and former TSA
employees and current and former
consultants, contractors, and
subcontractors with whom the agency
has done business, and their employees;
(b) Witnesses, complainants, and other
individuals who have been identified as
relevant to the investigation.

STORAGE:

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Internal Affairs and Program Review,
Transportation Security Administration
(TSA) Headquarters in Arlington,
Virginia. Records may also be
maintained at TSA’s Office of Chief
Counsel, the Office of the Assistant
Administrator for Aviation Operations,
or at various TSA field offices.

Paper records and information stored
on electronic storage are destroyed upon
notification of death or not later than 5
years after separation or transfer of
employee or no later than 5 years after
contract relationship expires, whichever
is applicable.

RETENTION AND DISPOSAL:

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Records are retrieved by name,
address, and social security account
number or other assigned tracking
identifier of the individual on whom the
records are maintained.

49501

SYSTEM NAME:

Internal Investigation Record System
(IIRS)
Classified, sensitive.
SYSTEM LOCATION:

Records are maintained in the Office
of the Assistant Administrator for

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 114.
PURPOSES:

(a) To facilitate and assist in the
management, tracking, and retrieval of
investigations of allegations or
appearances of misconduct (and related
incidents) of current or former TSA
employees or contractors.
(b) To promote economy, efficiency,
and effectiveness of the Internal
Investigation system, to conduct and
supervise investigations covered by this
system, and to detect fraud and abuse in
the investigations program.
(c) To provide support for any adverse
action that may occur as a result of the
findings of the investigation.

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(d) To monitor case assignment,
disposition, status, and results of
investigations.
(e) To permit the retrieval of
investigation results performed on the
individuals covered in this system.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, where such agency has

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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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(10) To airport operators, aircraft
operators, and maritime and land
transportation 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.
(11) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and lawsuits involving matters over
which TSA exercises jurisdiction.
(12) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(13) 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.
(14) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(15) To the Attorney General of the
United States or his/her official
designee, when information indicates

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that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
(16) To complainants to the extent
necessary to provide such persons with
relevant information and explanations
concerning the progress and/or results
of the investigation or case arising from
the matters about which they
complained.
(17) To professional organizations or
associations with which individuals
covered by this system of records may
be affiliated, such as law enforcement
disciplinary authorities, to meet those
organizations’ responsibilities in
connection with the administration and
maintenance of standards of conduct
and discipline.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

In electronic storage media and hard
copy.
RETRIEVABILITY:

Records are retrieved by name, a
unique number assigned by the Office of
Internal Affairs and Program Review, or
other assigned tracking identifier of the
individual on whom the records are
maintained.
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 those authorized
with a need to know and using locked
cabinets, alarms, and passwords. TSA
file areas are locked after normal duty
hours and the facilities are protected
from the outside by security personnel.
RETENTION AND DISPOSAL:

National Archives and Records
Administration approval is pending for
the records in this system. The request

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Federal Register / Vol. 68, No. 159 / Monday, August 18, 2003 / Notices
states that paper records and
information stored on electronic storage
media are maintained within the Office
of Internal Affairs and Program Review
for 3 years and then forwarded to the
Federal Records Center. Records are
destroyed after 15 years.
SYSTEM MANAGER AND ADDRESS:

Management Analyst, Office of
Internal Affairs and Program Review,
TSA Headquarters, West Tower, 3rd
Floor, TSA–13, 601 S. 12th Street,
Arlington, VA 22202–4220.
NOTIFICATION PROCEDURE:

(TSA) Office of the Executive
Secretariat, TSA Headquarters in
Arlington, Virginia. Records may also be
located at the Office of Legislative
Affairs, 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 at the various TSA
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security’s Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).

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.

CONTESTING RECORD PROCEDURES:

CATEGORIES OF RECORDS IN THE SYSTEM:

Same as ‘‘Notification Procedure’’ and
‘‘Record Access Procedure,’’ above.

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.

To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURE:

RECORD SOURCE CATEGORIES:

Information maintained in this system
is primarily obtained from individuals
associated with the investigation of
alleged misconduct of TSA employees
or contractors, to include the employee,
other TSA employees or contractors,
witnesses to the alleged violation or
events surrounding the alleged
misconduct, or other third parties who
provided information regarding the
alleged misconduct. Information may
also be collected from documents such
as incident reports and audit reports,
and from other sources, such as law
enforcement, financial institutions,
employers, state and local agencies, and
other Federal agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).
DHS/TSA 006
SYSTEM NAME:

Correspondence and Matters Tracking
Records (CMTR)
SECURITY CLASSIFICATION:

Sensitive, Classified.
SYSTEM LOCATION:

Records are maintained at
Transportation Security Administration

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 114; 5 U.S.C. 301.
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.

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49503

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
nternational agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) 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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international

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agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(10) To airport operators, aircraft
operators, and maritime and land
transportation 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.
(11) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and law suits involving matters over
which TSA exercises jurisdiction.
(12) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(13) 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.
(14) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(15) To the Attorney General of the
United States or his/her official
designee, that indicates that an
individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the

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Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
(16) To the DOJ, United States
Attorney’s Office, or other federal
agencies for further collection action on
any delinquent debt when
circumstances warrant.
(17) To a debt collection agency for
the purpose of debt collection.

NOTIFICATION PROCEDURE:

DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

CONTESTING RECORD PROCEDURES:

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.

RECORD SOURCE CATEGORIES:

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

In electronic storage media and hard
copy. 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 account 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:

A request is pending for National
Archives and Records Administration
approval for the retention and disposal
of records in this system.
SYSTEM MANAGER AND ADDRESS:

Director, Office of the Executive
Secretariat, TSA Headquarters, West
Tower, 12th Floor, 1206S, 601 S. 12th
Street, Arlington, VA 22202–4220.

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To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURE:

Same as ‘‘Notification Procedure’’
above. Provide your full name and the
description of the information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security’s Privacy Act
regulations on verification of identity. (6
CFR 5.21(d)).
Same as ‘‘Notification Procedure’’ and
‘‘Record Access Procedure’’ above.
Information contained in this system
is 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 U.S.C. 552a(k)(1) and (k)(2).
DHS/TSA 007
SYSTEM NAME:

Freedom of Information Act and
Privacy Act Record System.
SECURITY CLASSIFICATION:

Classified, sensitive.
SYSTEM LOCATION:

This system of records is located in
the Freedom of Information Act Office,
Office of Law Enforcement and Security
Liaison, Transportation Security
Administration (TSA) Headquarters in
Arlington, Virginia. Records will also be
maintained at various TSA field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

All individuals who submit Freedom
of Information Act (FOIA) and Privacy
Act (PA) requests to TSA; individuals
whose requests and/or records have
been referred to TSA by other agencies;
and in some instances, attorneys or
other persons representing individuals
submitting such requests and appeals,

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individuals who are the subjects of such
requests, and/or TSA personnel
assigned to handle such requests or
appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:

Records received, created, or
compiled in response to FOIA/PA
requests or appeals, including: the
original requests and administrative
appeals; intra- or inter-agency
memoranda, correspondence, notes and
other documentation related to the
processing of the FOIA/PA request;
correspondence with the individuals or
entities that submitted the requested
records, including when those records
might contain confidential business
information or personal information;
and copies of the requested records.
Types of information in the records may
include: requesters’ and their attorneys’
or representatives’ names, addresses,
telephone numbers, and TSA FOIA case
numbers; names, office telephone
numbers, and office routing symbols of
TSA employees; and names, telephone
numbers, and addresses of the submitter
of the information requested.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C.
552a; 44 U.S.C. 3101.
PURPOSES:

The system is maintained for the
purpose of processing access requests
and administrative appeals under the
FOIA and access and amendment
requests and appeals under the PA; for
the purpose of participating in litigation
arising from such requests and appeals;
and for the purpose of assisting TSA in
carrying out any other responsibilities
under the FOIA or the PA.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.

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(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) To a Federal, State, territorial,
tribal, local, international, or foreign
agency or entity for the purpose of
consulting with that agency or entity to
assist TSA to make a determination
regarding access to or amendment of
information, or for the purpose of
verifying the identity of an individual or
the accuracy of information submitted
by an individual who has requested
access to or amendment of information.
(7) To a Federal agency or entity that
furnished the record or information for
the purpose of permitting that agency or
entity to make a decision regarding
access to or correction of the record or
information, or to a federal agency or
entity for purposes of providing
guidance or advice regarding the
handling of particular requests.
(8) To the Department of Justice (DOJ)
in review, settlement, defense, and
prosecution of claims, complaints, and
law suits involving matters over which
TSA exercises jurisdiction.
(9) To the DOJ or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (a) TSA, or
(b) any employee of TSA in his/her
official capacity, or (c) any employee of
TSA in his/her individual capacity
where DOJ or TSA has agreed to
represent the employee, or (d) the

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49505

United States or any agency thereof, is
a party to the litigation or has an interest
in such litigation, and TSA 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 TSA collected the
records.
(10) 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.
(11) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(12) To the DOJ, United States
Attorney’s Office, or other federal
agencies for further collection action on
any delinquent debt when
circumstances warrant.
(13) To a debt collection agency for
the purpose of debt collection.
(14) To the submitter or subject of a
record or information to assist TSA in
making a determination as to access or
amendment.
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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records in this system are on paper
and/or in electronic form.
RETRIEVABILITY:

Records are retrieved by the name of
the requester/appellant or the attorney
or other individual representing the
requester, or other identifier assigned to
the request or appeal.
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;
using locks, and password protection
identification features. Classified
information is appropriately stored in
accordance with applicable
requirements. TSA file areas are locked
after normal duty hours and the
facilities are protected from the outside
by security personnel.

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RETENTION AND DISPOSAL:

SYSTEM LOCATION:

Records are retained and disposed of
in accordance with the National
Archives and Records Administration’s
General Records Schedule 14. Files may
be retained from 2 to 6 years, depending
on the type of file. For requests that
result in litigation, the files related to
that litigation will be retained for 3
years after final court adjudication.

This system of records is located in
the Office of the Chief Counsel,
Transportation Security Administration
(TSA) Headquarters in Arlington,
Virginia. Records will also be
maintained at various TSA field offices.

SYSTEM MANAGER AND ADDRESS:

Associate Director, Freedom of
Information/Privacy Act Division, Office
of Law Enforcement & Security Liaison,
TSA Headquarters, West Tower, 10th
Floor, TSA–20, 601 S. 12th Street,
Arlington, VA 22202–4220.
NOTIFICATION PROCEDURE:

To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURES:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security’s Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

TSA employees and former
employees, other Federal agency
employees, members of the public,
individuals involved in litigation with
TSA or involving TSA, witnesses, and
to the extent not covered by any other
system, tort and property claimants who
have filed claims against the
Government and individuals who are
the subject of an action requiring
approval or action by a TSA official,
such as appeals, actions, training,
awards, foreign travel, promotions,
selections, grievances, delegations, etc.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information contained in this system
is obtained from those individuals who
submit requests and administrative
appeals pursuant to the FOIA and the
PA; the agency records searched and
identified as responsive in the process
of responding to such requests and
appeals; Departmental personnel
assigned to handle such requests and
appeals; other agencies or entities that
have referred to TSA requests
concerning TSA records, or that have
consulted with TSA regarding handling
of particular requests; and submitters or
subjects of records or information that
have provided assistance to TSA in
making access or amendment
determinations.

To the extent not covered by another
system, records relating to litigation by
or against the U.S. Government (or
litigation in which the U.S. Government
is not a party, but has an interest)
resulting from questions concerning
TSA authority, criminal actions, claims,
torts, employment and sex
discrimination, Rehabilitation Act,
personnel matters, contracts,
foreclosures, actions against TSA
officials, criminal actions, titles to real
property, other civil matters, and
records relating to requests for TSA
records or the testimony of TSA
employees in state law criminal or civil
litigation in which TSA is not a party.
Included are statements of claims,
documentary evidence, copies of
condemnation or foreclosure
proceedings and decisions, lists of
witnesses, supporting documents,
correspondence, legal opinions and
memoranda and related records. The
system also includes claims by or
against the Government, other than
litigation cases, arising from a
transaction with TSA, and documents
related thereto, including demographic
information, vouchers, witness
statements, legal decisions, and related
material pertaining to such claims.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).

5 U.S.C. 301; 5 U.S.C 7301; 5 U.S.C.
7501; 28 U.S.C. 1346(b), (c), 1402(b),
2401(b), 2412(c), 2671–80; 31 U.S.C.
3701, 3721; 42 U.S.C. 20003 et seq.; 44
U.S.C. 3101; 49 U.S.C. 114.

CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedure’’ and
‘‘Record Access Procedures’’ above.
RECORD SOURCE CATEGORIES:

DHS/TSA 009
SYSTEM NAME:

General Legal Records (GLR).
SECURITY CLASSIFICATION:

The system is maintained to assist
attorneys in the Office of the Chief

Sensitive, classified.

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PURPOSES:

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Counsel in providing legal advice to
TSA management on a wide variety of
legal issues; to respond to claims by
employees, former employees, and other
individuals; to assist in the settlement of
claims against the government; to
represent TSA during litigation, and to
maintain internal statistics.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.

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(6) 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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(10) To airport operators, aircraft
operators, and maritime and land
transportation 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.
(11) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and law suits involving matters over
which TSA exercises jurisdiction.
(12) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(13) 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.
(14) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.

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(15) To the Attorney General of the
United States or his/her official
designee, when information indicates
that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
(16) To the DOJ, United States
Attorney’s Office, or other federal
agencies for further collection action on
any delinquent debt when
circumstances warrant.
(17) To a debt collection agency for
the purpose of debt collection.

49507

and the facilities are protected from the
outside by security personnel.
RETENTION AND DISPOSAL:

National Archives and Records
Administration approval is pending for
the records in this system. The records
will be retained and disposed of in
accordance with the applicable
provisions of the records schedule for
the Office of the Chief Counsel. Chief
Counsel office files are generally
retained from 3 to 15 years, depending
on the type of file. Formal legal files and
significant litigation files are retained
permanently for eventual transfer to the
National Archives of the United States.
SYSTEM MANAGER AND ADDRESS:

Director of Operations, Office of the
Chief Counsel, TSA Headquarters, West
Building, Floor 8, TSA–2 (Chief
Counsel), 601 S. 12th Street, Arlington,
VA 22202–4220.
NOTIFICATION PROCEDURE:

DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Privacy Act information may be
reported to consumer reporting agencies
pursuant to 5 U.S.C. 552a(b)(12)
collecting on behalf of the United States
Government.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records in this system are on paper
and/or in electronic form. Records that
are classified are stored in accordance
with applicable executive orders and
statutes.
RETRIEVABILITY:

Records are retrieved by the name of
an individual or by a case number.
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 an official need for
access in order to perform their duties
and using locks and password
protection identification features.
Classified information is appropriately
stored in secured safes in accordance
with applicable requirements. During
normal hours of operation, all records of
the Office of the Chief Counsel are
maintained in areas accessible only to
authorized personnel of TSA. TSA file
areas are locked after normal duty hours

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To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURES:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security’s Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedure,’’
and ‘‘Record Access Procedures’’ above.
RECORD SOURCE CATEGORIES:

Information in this system of records
is obtained from Federal employees and
former employees and other individuals
involved in litigation or other action or
matter in which TSA is a party or has
an association. Information also is
obtained from documents related to
such litigation, action, or matter.
EXEMPTIONS CLAIMED FROM THE SYSTEM:

Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).
DHS/TSA 012
SYSTEM NAME:

Transportation Worker Identification
Credentialing (TWIC) System.
SECURITY CLASSIFICATION:

Unclassified.

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SYSTEM LOCATIONS:

Various locations in the Philadelphia,
PA/Delaware River and Los Angeles/
Long Beach, California areas, including:
LOS ANGELES/LONG BEACH AREA

APL, 614 Terminal Way, Terminal
Island, CA.
Crowley Marine Services, Inc., Berth
86, 300 S. Harbor Blvd, San Pedro, CA.
ICTF (Union Pacific Intermodal
Container Transfer Facility), 2401 E.
Sepulveda Blvd, Long Beach, CA.
LAX Security Badge Office, 7333
World Way West, Los Angeles, CA.
Long Beach Container Terminal, Inc.,
1171 Pier F Avenue, Long Beach, CA.
Port of Long Beach, 925 Harbor Plaza,
Long Beach, CA.
Port of Los Angeles, 425 S. Palos
Verdes St., San Pedro, CA.
PHILADELPHIA AREA

Maritime Exchange for the Delaware
River and Bay, 240 Cherry St.,
Philadelphia, PA.
Port of Wilmington, 1 Hausel Road,
Wilmington, DE.
Packer Avenue Marine Terminal,
Philadelphia, PA.
Holt Headquarters, P.O. Box 8268,
Philadelphia, PA.
Beckett Street Marine Terminal, 2nd
and Beckett Streets, Camden, NJ.
Philadelphia International Airport—
Atlantic Aviation, Atlantic Aviation
Services.
Philadelphia International Airport,
8375 Enterprise Ave., Philadelphia, PA.
Philadelphia North East Airport, 182
Pension Road, Philadelphia, PA.
Conoco Phillips Refinery, Trainer
Refinery 4101 Post Road, Trainer, PA.
PMTA ILA Hiring Hall Profile, 3001
South Front Street, Philadelphia, PA.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Transportation workers and
individuals, and/or authorized visitors,
participating in the Technology
Evaluation and Prototype Phase of the
TWIC Program who are authorized
unescorted entry to secure
transportation areas.
CATEGORIES OF RECORDS IN THE SYSTEM:

This system will contain a minimum
amount of computerized information
during the technology evaluation and
prototype phases of TSA’s pilot project.
It is anticipated that the following
records will be created and maintained
for the duration of the test: (1)
Individual’s name, (2) other
demographic data to include: address,
phone number, social security number,
date of birth, and place of birth, (3)
administrative identification codes,

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unique card serial number (4) systems
identification codes, (5) company/
organization or affiliation, (6) issue date,
(7) biometric data and digital
photograph, (8) access level
information, and (9) expiration date.
AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 114; 49 U.S.C. 44903(g); 46
U.S.C. 70105.
PURPOSE(S):

In cooperation with transportation
facility operators, to evaluate and test
certain technologies and business
processes in the technology evaluation
and prototype phases of TSA’s pilot
project to develop a Transportation
Workers Identification Credential to
improve access control for
transportation workers requiring
unescorted access to secure areas of
transportation facilities. Additionally,
TSA will collect certain data elements
to support the development and
operation of site specific security plans
at local transportation facilities.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(2) 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 as an employee or a
contractor, or the issuance of a security
clearance or license.
(3) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(4) 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.
(5) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(6) To the DOJ or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (a) TSA, or
(b) any employee of TSA in his/her

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official capacity, or (c) any employee of
TSA in his/her individual capacity
where DOJ or TSA has agreed to
represent the employee, or (d) the
United States or any agency thereof, is
a party to the litigation or has an interest
in such litigation, and TSA 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 TSA collected the
records.
(7) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(8) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect
transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(9) To TSA contractors, agents,
grantees, experts, consultants, or
volunteers when necessary to perform a
function or service related to this system
of records for which they have been
engaged. Such recipients are required to
comply with the Privacy Act, 5 U.S.C.
552a, as amended.
(10) To third parties during the course
of an investigation into violations or
potential violations of transportation
security laws to the extent necessary to
obtain information pertinent to the
investigation.
(11) To airport operators, aircraft
operators, and maritime and land
transportation operators about
individuals who are their employees,
job applicants, or contractors, or persons
to whom they issue identification
credentials or grant clearances or access
to secured areas in transportation
facilities when relevant to such
employment, application, contract, the
issuance of such credentials or
clearances, or access to such secure
areas.
(12) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,

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Federal Register / Vol. 68, No. 159 / Monday, August 18, 2003 / Notices
and law suits involving matters over
which TSA exercises jurisdiction.
(13) 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

record and specify the information to be
contested. State the reason for
contesting it (e.g., why it is inaccurate,
irrelevant, incomplete, or not current).
RECORD SOURCE CATEGORIES:

TSA obtains information in this
system from the individuals who are
covered by the system and their
employers or the transportation facility.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:

None.
DHS/TSA 013

STORAGE:

SYSTEM NAME:

Paper, bar code, magnetic stripe,
optical memory stripe, disk, and
integrated circuit chip.

Federal Flight Deck Officer Record
System (FFDORS).
SECURITY CLASSIFICATION:

RETRIEVABILITY:

Data records contained within bar
codes, magnetic stripe, optical memory
stripe, disk, and/or the card’s integrated
circuit chip may be retrieved by the
employees’ name, unique card number,
or organization; paper records, where
applicable, are retrieved alphabetically
by name.

Classified, sensitive.
SYSTEM LOCATION:

Federal Flight Deck Officer (FFDO)
Program records are maintained at the
offices of the Transportation Security
Administration (TSA) Headquarters in
Arlington, Virginia.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

SAFEGUARDS:

Unauthorized personnel are denied
physical access to the location where
records are stored. For computerized
records, safeguards established in
accordance with generally acceptable
information security guidelines via use
of security codes, passwords, Personal
Identification Numbers (PINs), etc.

(1) All individuals who volunteer to
participate in the FFDO program, (2)
FFDO program participants, i.e., those
volunteers who are accepted into the
FFDO training program and deputized
as FFDOs, and (3) former FFDO program
participants.

RETENTION AND DISPOSAL:

This system includes all records
required in connection with an
individual’s voluntary participation in
the program, including records
associated with FFDO application,
selection, training, participation,
retention and requalification. FFDORS
includes records about individuals who
applied but were not accepted into the
program. Such records may include, but
are not limited to the following: (a)
Volunteer forms prepared by applicants
for program participation containing
such information as work history,
education, military service, certificates
of specialized training, awards and
honors; (b) copies of correspondence
between the applicant and TSA, and
between TSA and other agencies,
applicant places of employment, and
educational institutions, for the
purposes of verifying information
provided to TSA by the applicant; (c)
the FD–258 Fingerprint card,
investigative summaries, and
compilations of criminal history record
checks, to include administrative
records and correspondence incidental
to the background investigation process,

Record disposition authority for these
records is pending at the National
Archives and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:

Director of the Credentialing Program
Office, TSA Headquarters, East Tower,
11th Floor, 601 S. 12th Street,
Arlington, VA 22202–4220.
NOTIFICATION PROCEDURE:

To determine if a record exists, write
to the system manager at the address
indicated above and specify (1)
individual’s name, (2) employer, (3)
address where originally enrolled into
the TWIC system, and (4) date of
enrollment. Individuals requesting
access must comply with Department of
Homeland Security’s Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
RECORD ACCESS PROCEDURES:

Same as notification procedure.
CONTESTING RECORD PROCEDURES:

Contact the system manager named
above and reasonably identify the

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CATEGORIES OF RECORDS IN THE SYSTEM:

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49509

obtained from various law enforcement
authorities; (d) results of written
cognitive and noncognitive assessments
and information regarding how the
volunteer form was rated, prepared by
TSA employees or contract
psychologists; (e) records regarding the
TSA’s final decision to accept or reject
volunteers for the FFDO program for
suitability or medical reasons, including
records prepared by TSA employees,
and responses to and results of
approved psychological assessments or
similar tests administered by TSA; (f)
results of telephonic or in-person
interviews with program volunteers,
including summary recommendations
regarding the individual’s participation
in the program, prepared by TSA
employees; (g) records prepared by TSA
employees related to the selection or
rejection of volunteer applicants (to
include records generated as a result of
any administrative appeal of TSA’s
determination to reject an applicant),
and records related to recertification
and decertification; (h) records prepared
by TSA employees related to training,
including academic and firearms
performance; and (i) records prepared
by TSA employees related to
requalification and deputation renewal.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 114, 44921.
PURPOSE(S):

The purpose of this system is to
maintain records necessary for the
assessment and acceptance of
volunteers, and the training,
participation and recertification of
deputized volunteer pilots of air carriers
providing passenger air transportation
or intrastate passenger air transportation
as Federal law enforcement officers to
defend the flight decks of aircraft of
such air carriers against acts of criminal
violence or air piracy.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

(1) To the United States Department
of Transportation and its operating
administrations when relevant or
necessary to (a) ensure safety and
security in any mode of transportation;
(b) enforce safety- and security-related
regulations and requirements; (c) assess
and distribute intelligence or law
enforcement information related to
transportation security; (d) assess and
respond to threats to transportation; (e)
oversee the implementation and ensure
the adequacy of security measures at
airports and other transportation
facilities; (f) plan and coordinate any
actions or activities that may affect

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Federal Register / Vol. 68, No. 159 / Monday, August 18, 2003 / Notices

transportation safety and security or the
operations of transportation operators;
or (g) the issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) 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.
(5) To the Department of State and
other Intelligence Community agencies
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(6) 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.
(7) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, license, contract, grant, or
other benefit.
(8) To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
(9) To third parties to the extent
necessary to obtain information
pertinent to the individual’s fitness and
qualifications for the FFDO program.
(10) To airport operators, aircraft
operators, and maritime and land
transportation operators about
individuals who are their employees,
job applicants, or contractors, or persons

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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.
(11) To the Department of Justice
(DOJ) in review, settlement, defense,
and prosecution of claims, complaints,
and lawsuits involving matters over
which TSA exercises jurisdiction.
(12) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(13) 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.
(14) To the National Archives and
Records Administration or General
Services Administration in records
management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(15) To the Attorney General of the
United States or his/her official
designee, when information indicates
that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.

RETRIEVABILITY:

DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Same as ‘‘Notification Procedure,’’
and ‘‘Record Access Procedures’’ above.

None.

STORAGE:

Records are maintained on paper and
in computer-accessible storage media.
Records are also stored on microfiche
and roll microfilm.

Frm 00090

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;
using locks, alarm devices, and
passwords; and encrypting data
communications. TSA file areas are
locked after normal duty hours and
security personnel protect the facilities
from the outside.
RETENTION AND DISPOSAL:

National Archives and Records
Administration approval is pending for
the records in this system.
SYSTEM MANAGERS AND ADDRESS:

Director of the Credentialing Program
Office, TSA Headquarters, East Tower,
11th Floor, 601 S. 12th Street,
Arlington, VA 22202–4220. FFDO
Program Manager, Office of Training
and Quality Performance, TSA
Headquarters, East Tower, 12th Floor,
TSA–12, TQP, 601 S. 12th Street,
Arlington, VA 22202–4220.
NOTIFICATION PROCEDURE:

To determine whether this system
contains records relating to you, write to
the System Managers identified above.
RECORD ACCESS PROCEDURES:

Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
CONTESTING RECORD PROCEDURES:

RECORD SOURCE CATEGORIES:

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

PO 00000

Records are retrieved by name,
address, and social security account
number or other assigned tracking
identifier of the individual on whom the
records are maintained.

Fmt 4703

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Information maintained in this system
is primarily obtained from the FFDO
volunteer form or derived from
information the applicant supplied,
reports from medical personnel on
physical and psychological results of
examinations, training records, and law
enforcement and intelligence agency

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Federal Register / Vol. 68, No. 159 / Monday, August 18, 2003 / Notices
record systems, and individuals
interviewed as part of the background
investigation.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

Portions of this system are exempt
under 5 U.S.C. 552a(k)(1), (k)(2) and
(k)(6).
Issued in Arlington, Virginia, on August 8,
2003.
Susan T. Tracey,
Deputy Chief Administrative Officer.
[FR Doc. 03–20925 Filed 8–15–03; 8:45 am]
BILLING CODE 4910–62–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of Receipt of
Applications for Permit.
SUMMARY: The public is invited to
comment on the following applications
to conduct certain activities with
endangered species and/or marine
mammals.
DATES: Written data, comments or
requests must be received by September
17, 2003.
ADDRESSES: Documents and other
information submitted with these
applications are available for review,
subject to the requirements of the
Privacy Act and Freedom of Information
Act, by any party who submits a written
request for a copy of such documents
within 30 days of the date of publication
of this notice to: U.S. Fish and Wildlife
Service, Division of Management
Authority, 4401 North Fairfax Drive,
Room 700, Arlington, Virginia 22203;
fax 703/358–2281.
FOR FURTHER INFORMATION CONTACT:
Division of Management Authority,
telephone 703/358–2104.
SUPPLEMENTARY INFORMATION:

Endangered Species
The public is invited to comment on
the following application(s) for a permit
to conduct certain activities with
endangered species. This notice is
provided pursuant to Section 10(c) of
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531, et seq.).
Written data, comments, or requests for
copies of these complete applications
should be submitted to the Director
(address above).
Applicant: David E. Garza, San
Antonio, TX, PRT–073546.
The applicant requests a permit to
import the sport-hunted trophy of one

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male bontebok (Damaliscus pygargus
dorcas) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Endangered Marine Mammals and
Marine Mammals
The public is invited to comment on
the following application(s) for a permit
to conduct certain activities with
endangered marine mammals and/or
marine mammals. The application(s)
was/were submitted to satisfy
requirements of the Endangered Species
Act of 1973, as amended (16 U.S.C.
1531, et seq.) and/or the Marine
Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.), and
the regulations governing endangered
species (50 CFR part 17) and/or marine
mammals (50 CFR part 18). Written
data, comments, or requests for copies
of the complete applications or requests
for a public hearing on these
applications should be submitted to the
Director (address above). Anyone
requesting a hearing should give
specific reasons why a hearing would be
appropriate. The holding of such a
hearing is at the discretion of the
Director.
Applicant: Norman L. Delan, Jr.,
Fleetwood, PA, PRT–075014.
The applicant requests a permit to
import a polar bear (Ursus maritimus)
sport hunted from the Viscount Melville
Sound polar bear population in Canada
for personal use.
The U.S. Fish and Wildlife Service
has information collection approval
from OMB through March 31, 2004,
OMB Control Number 1018–0093.
Federal Agencies may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a current valid OMB
control number.
Dated: July 25, 2003.
Lisa J. Lierheimer,
Policy Specialist, Branch of Permits, Division
of Management Authority.
[FR Doc. 03–20943 Filed 8–15–03; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of an
Environmental Assessment/Habitat
Conservation Plan and Receipt of
Application for Incidental Take of the
Houston Toad
AGENCY: U.S. Fish and Wildlife Service,
Interior.

PO 00000

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ACTION:

49511

Notice of availability.

SUMMARY: Elizabeth Ott (Applicant) has
applied for an incidental take permit
(TE–074986–0) pursuant to Section
10(a) of the Endangered Species Act
(Act). The requested permit would
authorize the incidental take of the
endangered Houston toad. The proposed
take would occur as a result of the
construction and occupation of a singlefamily residence on approximately 0.5
acres of a 4.137-acre property on
Highway 290, Bastrop County, Texas.
The Service has prepared the
Environmental Assessment/Habitat
Conservation Plan (EA/HCP) for the
incidental take application. A
determination of jeopardy or nonjeopardy to the species and a decision
pursuant to the National Environmental
Policy Act (NEPA) will not be made
until at least 60 days from the date of
publication of this notice. This notice is
provided pursuant to Section 10(c) of
the Act and National Environmental
Policy Act regulations (40 CFR 1506.6).
DATES: Written comments on the
application should be received by
September 17, 2003.
ADDRESSES: Persons wishing to review
the application may obtain a copy by
writing to the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 4102, Albuquerque, New
Mexico 87103. Persons wishing to
review the EA/HCP may obtain a copy
by written or telephone request to
Clayton Napier, U.S. Fish and Wildlife
Service, Ecological Services Office,
10711 Burnet Road, Suite 200, Austin,
Texas 78758 (512/490–0057).
Documents will be available for public
inspection, by written request or by
appointment only, during normal
business hours (8 a.m. to 4:30 p.m.) at
the U.S. Fish and Wildlife Service
Office, Austin, Texas. Data or comments
concerning the application and EA/HCP
should be submitted in writing to the
Field Supervisor, U.S. Fish and Wildlife
Service Office, Austin, Texas at 10711
Burnet Road, Suite 200, Austin, Texas
78758. Please refer to permit number
TE–074582–0 when submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Clayton Napier at the U.S. Fish and
Wildlife Service, Ecological Services
Office, 10711 Burnet Road, Suite 200,
Austin, Texas 78758 (512/490–0057).
SUPPLEMENTARY INFORMATION: Section 9
of the Act prohibits the ‘‘taking’’ of
endangered species such as the Houston
toad. However, the Service, under
limited circumstances, may issue
permits to take endangered wildlife
species incidental to, and not the

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