SSI PRA Updated Supp Stmt

INFORMATION COLLECTION SUPPORTING STATEMENT
Sensitive Security Information Threat Assessments
I . Explain tlte circumstances that make the collection of information necessary. Identify any
legal or administrative requirements that necessitate tlte collection. Attach a copy of tlte
appropriate section of each statute and regulation mandating or authorizing the collection
of information. (Annotate the CFR parts/sections affected).
Section 1 14(s) of title 49, United States Code (U.S.C.) requires the Transportation Security
Administration (TSA) to promulgate regulations governing the protection of Sensitive
Security Information (SSI). SSI includes information that would be detrimental to
transportation security if publicly disclosed. TSA's SSI regulation, 49 CFR part 1520,
establishes certain requirements for the recognition, identification, handling, and
dissemination of SSI, including restrictions on disclosure and civil penalties for violations of
those restrictions. Individuals may only access SSI if they are a covered person with a need
to know as defined by the regulation. Section 525 of the Department of Homeland Security
Appropriations Act of 2007 (DHS Appropriations Act) provides that in civil proceedings in
the U.S. District Courts, where a party seeking access to SSI demonstrates a substantial need
for relevant SSI in the preparation of the party's case and an undue hardship to obtain
equivalent information by other means, the party or party's counsel shall be designated as a
covered person under 49 CFR part 1520.7, provided that the overseeing judge enters an order
protecting the SSI from unauthorized disclosure; the individual undergoes a threat
assessment like that done for aviation workers, including a fingerprint-based criminal history
records check (CHRC); and the provision of access to the specific SSI in question in a
particular proceeding does not present a risk of harm to the nation.
TSA is implementing section 525 of the DHS Appropriations Act by establishing a process
whereby a party seeking access to SSI in a civil proceeding in federal court that demonstrates
a substantial need for relevant SSI in preparation of the party's case may request that the
party or party representative be granted access to the SSI. Additionally, court reporters that
are required to record or transcribe testimony containing specific SSI and do not have a
current clearance required for access to classified national security information as defined by
Executive Order 12958 will need to request to be granted access to SSI. In order to
determine if the individual may be granted access to SSI for this purpose, TSA will conduct a
threat assessment, including a CHRC. TSA is seeking emergency processing of this
information collection request to implement sec. 525 of the DHS Appropriations Act and
meet ongoing litigation deadlines in pending litigation, including those in In Re: September
11 Litigation, 21 MC 97 &lo1 (AKH) (S.D.N.Y.).
The Aviation and Transportation Security Act (ATSA), Pub. L. 107-71, sec. 1 14 (f),
authorizes TSA to perform threat assessments. In order to conduct the required threat
assessment and determine whether the provision of access to specific SSI would present a
risk of harm to the nation, TSA is requiring individuals to submit identifying information,
information regarding the litigation, an explanation supporting the party's need for the
information, information concerning the individual's bar membership, if applicable, and
information concerning sanctions, if any, issued by a court or other judicial body to the

individual or any of the individual's clients. These individuals must also submit fingerprints
for purposes of conducting the CHRC.

2. Indicate how, by whom, and for what purpose tlze information is to be used Except for a
new collection, indicate tlze actual use the agency has made of the information received
from the current collection.
TSA will use the information to conduct threat assessments which will include (1) a CHRC;
(2) a name-based check to determine whether the individual poses or is suspected of posing a
threat to transportation or national security, including checks against terrorism, immigration
or other databases TSA maintains or uses; and (3) a professional responsibility check (if
applicable) for the purpose of identifying those situations in which providing SSI access to a
particular individual would present a risk of harm to the nation. The results of the threat
assessment will be used by TSA to make a final determination on whether the individual may
be granted access to SSI. TSA will also use the information to determine whether provision
of access to specific SSI would present a risk of harm to the nation.

3. Describe wlzetlrer, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other tecknological collection teclzniques or other
forms of information technology, e.g., permitting electronic submission of responses, and
tlze basisfor the decisionfor adopting tltis means of collection. Also describe any
consideration of using information technology to reduce burden. [Effective 03/22/01,
your response must SPECIFICALLY reference the Government Paperwork Elimination
Act (GPEA), which addresses electronicfiling and recordkeeping, and what you are doing
to adhere to it. You must explain how you will provide afully electronic reporting option
by October 2003, or an explanation of why tlzis is not practicable.]
Individuals seeking access to SSI in civil proceedings in federal court will be required to
submit a questionnaire and certification with personally identifying information and
fingerprints at a physical location designated by TSA, such as a government office or a TSA
contractor location. TSA or the United States Attorneys Office will likely email the form to
individuals. The information will be sent to TSA for use in the threat assessment.
In the future, TSA may provide the form electronically but, at this point, a fully electronic
reporting option is not practicable because the certification requires an original signature.
However, so as to reduce the travel burden on respondents, individuals can submit the
questionnaire and certification coincident with the submission of their fingerprints.
4. Describe efforts to identify duplication. Show specifically why any similar information
already avnilable cannot be used or modifiedfor usefor the purpose(s) described in Item 2
above.
Similar information is not already available to TSA, because the information collected is the
personally identifying information of individuals who are involved in pending civil
proceedings in federal courts. Also, TSA needs a sworn statement from these individuals

who will potentially receive SSI so it would not be feasible to obtain this information
elsewhere.
5. Ifthe collection of information has a signipcant impact on a substantial number of small
businesses or other small entities (Item 5 oftlte Paperwork Reduction Act submission
form), describe the methods used to minimize burden.
This collection does not have a significant impact on a substantial number of small
businesses.

6. Describe the consequence to Federal program or policy activities ifthe collection is not
conducted or is conducted lessfrequently, as well as any technical or legal obstacles to
reducing burden.
If this collection is not conducted, TSA will be unable to implement sec. 525 of the DHS
Appropriations Act and meet ongoing litigation deadlines in pending litigation, including
those in In Re: September 1 1 Litigation, 21 MC 97 &lo1 (AKH) (S.D.N.Y.).
7. Explain any special circumstances that require the collection to be conducted in a manner
inconsistent with the general information collection guidelines in 5 CFR 1320.5(d)(2).
This collection will be conducted consistent with the information collection guidelines.

8. Describe efforts to consult persons outside the agency to obtain their views on the
availability of data,frequency of collection, the clarity of instructions and recordkeeping,
disclosure, or reportingformat (if any), and on the data elements to be recorded, disclosed,
or reported. If applicable,provide a copy and identify the date and page number of
publication in the Federal Reeister of the agency's notice, required by 5 CFR 1320.8(d)
soliciting comments on the information collection prior to submission to OMB.
Summarize public comments received in response to that notice and describe actions taken
by tlze agency in response to these comments. Specifically address comments received on
cost and It our burden.
In light of ongoing litigation deadlines in pending litigation, TSA is seeking emergency
processing of this request, and has published a notice in the Federal Register on November 1,
2006 announcing our intent to do so (71 FR 64288).
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.

TSA will not provide any payment or gift to respondents.

10. Describe any assurance of confidentiality provided to respondents and the bask for the
assurance in statute, regulation, or agency policy.

Although there is no assurance of confidentiality to any respondent, TSA will handle all
records in accordance with the Privacy Act of 1974 and other applicable laws and
regulations.

11. Provide additionaljustijkation for any questions of sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and otlzer matters that are commonly considered
private.
TSA will not ask any questions of a sensitive or private nature.
12. Provide estimates of hour burden of the collection of information.

TSA estimates that approximately 80 individuals will require a threat assessment to
determine eligibility to receive SSI on an annual basis. TSA estimates the hour burden per
respondent to compile and submit the required information to be one hour, for a total annual
hour burden of 80 hours.

13. Provide an estimate ofthe total annual cost burden to respondents or recordkeepers
resultingfrom tlze collection of information.
The total annual cost burden to respondents as a result of this collection is $1,760, which
accounts for the cost of processing their fingerprints [$22 per person X 80 respondents].

14. Provide estimates of annualized cost to tlze Federal Government. Also, provide a
description of tlze method used to estimate cost, and other expenses that would not have
been incurred without this collection of information.
TSA estimates the annual costs to the Federal Government as a result of this collection to be
approximately $2900, which includes the costs for TSA to process threat assessments ($25
per person x 80) as well as the cost for a TSA employee to review the questionnaire
(approximately $900).

15. Explain tlze reasonsfor any program changes or adjustments reported in Items 13 or 14 of
the OMB Form 83-1.
This is a new collection of information.

16. For collections of information whose results will be published, outline plans for tabulation
and publication. Address any complex analytical techniques that will be used. Provide the
time schedulefor the entire project, including beginning and ending dates ofthe collection
of information, completion of report, publication dates, and other actions.
TSA will not publish the results of this collection.

17. If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.
TSA will display the expiration date.
18. Explain each exception to the certification statement identified in Item 19, "Certification
for Paperwork Reduction Act Submissions," of OMB Form 83-1.
TSA is not seeking any exceptions to the certification statement.