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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2013–0079]

Privacy Act of 1974; Department of
Homeland Security Transportation
Security Administration—DHS/TSA–
001 Transportation Security
Enforcement Record System System
of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records Update.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/Transportation Security
Administration—DHS/TSA–001
Transportation Security Enforcement
Record System System of Records.’’
This system of records allows the
Department of Homeland Security/
Transportation Security Administration
to collect and maintain records related
to the Transportation Security
Administration’s screening of
passengers and property, as well as
records related to the investigation or
enforcement of transportation security
laws, regulations, directives, or Federal,
State, local, or international law. For
example, records relating to an
investigation of a security incident that
occurred during passenger or property
screening would be covered by this
system. As a result of a biennial review
of this system, records have been
updated within the routine uses.
Specifically, the statute citation in
routine use P. has been corrected. This
notice is being re-issued in its entirety
in order to have a single updated record
available for public review. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
January 8, 2014. This updated system
will be effective January 8, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2013–0079 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and

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SUMMARY:

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docket number for this notice. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Peter
Pietra, Privacy Officer, Privacy Policy
and Compliance, TSA–36,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6036; email: TSAPrivacy@
dhs.gov. For privacy questions, please
contact: Karen L. Neuman, (202) 343–
1717, Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS)
Transportation Security Information
(TSA) proposes to update and reissue a
current DHS system of records titled,
‘‘DHS/TSA–001 Transportation Security
Enforcement Record System (TSERS)
System of Records.’’
As a result of a biennial review of this
system, records have been updated
within the routine uses. The statute
citation in routine use P. has been
corrected to 49 U.S.C. § 46301(h).
TSA’s mission is to protect the
nation’s transportation systems to
ensure freedom of movement for people
and commerce. To achieve this mission,
TSA is required to develop and adapt its
security programs to respond to
evolving threats to transportation
security.
Consistent with DHS’ informationsharing mission, information stored in
the DHS/TSA–001 TSERS may be
shared with other DHS components that
have a need to know the information to
carry out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
Portions of this system are exempt
under 5 U.S.C. §§ 552a(k)(1) and (k)(2).
Portions of the system pertaining to
investigations or prosecutions of
violations of criminal law are exempt
under 5 U.S.C. § 552a(j)(2). These
exemptions are reflected in the final
rule published on August 4, 2006 in 71
FR 44223.

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This updated system will be included
in DHS’ inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals where
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
TSA–001 TSERS System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
(TSA)—001
SYSTEM OF RECORDS:

Department of Homeland Security
(DHS)/Transportation Security
Administration
SYSTEM NAME:

DHS/TSA–001 Transportation
Security Enforcement Record System
(TSERS)
SECURITY CLASSIFICATION:

Classified, sensitive.
SYSTEM LOCATION:

Records are maintained at TSA
Headquarters offices in Arlington,
Virginia, and at various TSA field
offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Owners, operators, and employees in
all modes of transportation for which
DHS/TSA has security-related duties;
witnesses and other third parties who
provide information; individuals
undergoing screening of their person
(including identity verification) or
property; individuals against whom
investigative, administrative, or civil or
criminal enforcement action has been
initiated for violation of certain TSA
regulations or security directives,

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relevant provisions of 49 U.S.C. Chapter
449, or other laws; individuals being
investigated or prosecuted for violations
of law; and individuals who
communicate security incidents,
potential security incidents, or
otherwise suspicious activities.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information related to the screening of
property and the security screening and
identity verification of individuals,
including identification media and
identifying information such as:
• Individual’s name;
• Address;
• Date of birth;
• Gender;
• Contact information (e.g., email
addresses, phone numbers);
• Social Security Number,
• Fingerprints or other biometric
identifiers;
• Photographs or video; and
• Travel information or boarding
passes.
Additionally, information related to
the investigation or prosecution of any
alleged violation; place of violation;
Enforcement Investigative Reports
(EIRs); security incident reports,
screening reports, suspicious-activity
reports, and other incident or
investigative reports; statements of
alleged violators, witnesses, and other
third parties who provide information;
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; and information obtained
from various law enforcement or
prosecuting authorities relating to the
enforcement of laws or regulations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

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

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PURPOSE(S):

The records are created in order to
maintain an enforcement and
inspections system for all modes of
transportation for which TSA has
security related duties and to maintain
records related to the investigation or
prosecution of violations or potential
violations of Federal, State, local, or
international criminal law. They may be
used, generally, to identify, review,
analyze, investigate, and prosecute
violations or potential violations of
transportation security laws, regulations
and directives or other laws as well as
to identify and address potential threats
to transportation security. They may

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also be used to record the details of TSA
security-related activity, such as
passenger or property screening.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
§ 552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. § 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including U.S. Attorney Offices, or other
federal agency conducting litigation or
in proceedings before any court,
adjudicative or administrative body,
when it is relevant or necessary to the
litigation and one of the following is a
party to the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
where DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. §§ 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is

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reasonably necessary to assist in
connection with DHS’ efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, territorial, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To the United States Department of
Transportation, its operating
administrations, or the appropriate State
or local agency, when relevant or
necessary to:
1. Ensure safety and security in any
mode of transportation;
2. Enforce safety- and security-related
regulations and requirements;
3. Assess and distribute intelligence
or law enforcement information related
to transportation security;
4. Assess and respond to threats to
transportation;
5. Oversee the implementation and
ensure the adequacy of security
measures at airports and other
transportation facilities;
6. Plan and coordinate any actions or
activities that may affect transportation
safety and security or the operations of
transportation operators; or
7. Issue, maintain, or renew a license,
certificate, contract, grant, or other
benefit.
I. To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency, regarding
individuals who pose, or are suspected
of posing, a risk to transportation or
national security.
J. To a Federal, State, local, tribal,
territorial, foreign, or international
agency, where such agency has
requested information relevant or
necessary for the hiring or retention of
an individual, or the issuance of a

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security clearance, license, contract,
grant, or other benefit.
K. To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a DHS/TSA
decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, license, contract,
grant, or other benefit.
L. To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreement.
M. To third parties during the course
of an investigation into any matter
before DHS/TSA to the extent necessary
to obtain information pertinent to the
investigation.
N. To airport operators, aircraft
operators, and maritime and surface
transportation operators, indirect air
carriers, and other facility operators
about individuals who are their
employees, job applicants, or
contractors, or persons to whom they
issue identification credentials or grant
clearances to secured areas in
transportation facilities when relevant
to such employment, application,
contract, or the issuance of such
credentials or clearances.
O. To any agency or instrumentality
charged under applicable law with the
protection of the public health or safety
under circumstances where the public
health or safety is at risk.
P. With respect to members of the
armed forces who may have violated
transportation security or safety
requirements and laws, disclose the
individual’s identifying information and
details of their travel on the date of the
incident in question to the appropriate
branch of the armed forces to the extent
necessary to determine whether the
individual was performing official
duties at the time of the incident.
Members of the armed forces include
active duty and reserve members, and
members of the National Guard. This
routine use is intended to permit TSA
to determine whether the potential
violation must be referred to the
appropriate branch of the armed forces
for action pursuant to 49 U.S.C.
§ 46301(h).
Q. To the DOJ, U.S. Attorney’s Office,
or other Federal agencies for further
collection action on any delinquent debt
when circumstances warrant.
R. To a debt collection agency for the
purpose of debt collection.
S. To airport operators, aircraft
operators, air carriers, maritime, and
surface transportation operators,
indirect air carriers, or other facility
operators when appropriate to address a
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transportation security or national
security, or when required for
administrative purposes related to the
effective and efficient administration of
transportation security laws.
T. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a Federal, State, or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
U. To a court, magistrate, or
administrative tribunal where a Federal
agency is a party to the litigation or
administrative proceeding in the course
of presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings.
V. To the public, on the TSA Web site
at www.tsa.gov, final agency and
Administrative Law Judge decisions in
criminal enforcement and other
administrative matters, except that
personal information about individuals
will be deleted if release of that
information would constitute an
unwarranted invasion of privacy,
including but not limited to medical
information.
W. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
where there exists a legitimate public
interest in the disclosure of the
information, or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy or a risk to transportation or
national security.
X. To the appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
order, license, or treaty, where DHS/
TSA determines that the information
would assist in the enforcement of a
civil or criminal law.

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DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Pursuant to 5 U.S.C. 552a(b)(12),
disclosures may be made from this
system to consumer reporting agencies
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 stored
electronically or on paper. The records
may be stored on magnetic disc, tape,
digital media, microfiche, and roll
microfilm.
RETRIEVABILITY:

Records may be retrieved by name,
address, Social Security 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 for the performance of their
official duties; 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 20598.
NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from the

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notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS/TSA will consider individual
requests to determine whether or not
information may be released. Thus,
individuals seeking notification of and
access to any record contained in this
system of records, or seeking to contest
its content, may submit a request in
writing to the TSA FOIA Officer by
email at [email protected] or by mail at
Transportation Security Administration,
TSA–20, FOIA Office, 601 S. 12th
Street, Arlington, VA 20598. If an
individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP–
0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.

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RECORD ACCESS PROCEDURES:

CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Records are 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).
Portions of the system pertaining to
investigations or prosecutions of
violations of criminal law are exempt
under 5 U.S.C. 552a(j)(2). These
exemptions are reflected in the final
rule published on August 4, 2006 in 71
FR 44223.
Dated: November 21, 2013.
Karen L. Neuman
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–29353 Filed 12–6–13; 8:45 am]
BILLING CODE 9110–05–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–2013–0049; OMB No.
1660–0102]

Agency Information Collection
Activities: Proposed Collection;
Comment Request; Federal Emergency
Management Agency Housing
Inspection Services Customer
Satisfaction Survey
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:

The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a revision of a currently
approved information collection. In
accordance with the Paperwork
Reduction Act of 1995, this notice seeks
comments concerning the housing
inspection services customer
satisfaction survey.
DATES: Comments must be submitted on
or before February 7, 2014.
SUMMARY:

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To avoid duplicate
submissions to the docket, please use
only one of the following means to
submit comments:
(1) Online. Submit comments at
www.regulations.gov under Docket ID
FEMA–2013–0049. Follow the
instructions for submitting comments.
(2) Mail. Submit written comments to
Docket Manager, Office of Chief
Counsel, DHS/FEMA, 500 C Street SW.,
8NE, Washington, DC 20472–3100.
(3) Facsimile. Submit comments to
(703) 483–2999.
All submissions received must
include the agency name and Docket ID.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at http://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to read the
Privacy Act notice that is available via
the link in the footer of
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dawson Riggleman, Contracting
Officer’s Representative, FEMA Contract
Management and Housing Inspection
Services, 540–686–3810. You may
contact the Records Management
Division for copies of the proposed
collection of information at facsimile
number (202) 646–3347 or email
address: [email protected].
SUPPLEMENTARY INFORMATION: Executive
Order 12862, Setting Customer Service
Standards, signed on 9/11/1993 requires
all executive departments and agencies
that provide significant services directly
to the public to provide those services
in a manner that seeks to meet the
customer service standard established
by E.O. 12862 and to take the following
actions: (1) Identify the customers who
are, or should be served by the agency;
(2) survey customers to determine the
kind and quality of services requested
and their level of satisfaction with
existing services; (3) post service
standards and measure results against
standards; (4) benchmark customer
service performance against the best in
business; (5) survey front-line
employees on barriers and ideas for,
matching the best in business; (6)
provide customers with choices in both
the sources of service and the means of
delivery; (7) make information, services,
and complaint systems easily accessible;
and (8) provide means to address
customer complaints. In compliance
with the FEMA Housing Inspection
Services, contract inspectors meet with
ADDRESSES:

See ‘‘Notification procedure’’ above.

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