TSA SSI Threat Assessment ICR Renewal

The Transportation Security Administration posted a 60-day information collection request (ICR) renewal notice in today’s Federal Register. The current ICR (OMB 1625-0042) allows TSA to collect information to determine “whether the party or representative of a party seeking access to sensitive security information (SSI) in a civil proceeding in federal court may be granted access to the SSI” (75 FR 44974). History of Collection Request The original ICR public notice was filed in November 2006 under emergency procedures because there was a court case in progress where a determination about access to Sensitive Security Information needed to be made. To collect the necessary data to make that evaluation TSA requested expedited approval from the Office of Management and Budget (OMB). OMB provided a six-month approval under those procedures. TSA came back in 2007 and requested a renewal of the ICR under standard procedures. OMB received and approved that renewal on October 10th 2007 with an expiration date of October 10th of this year. TSA will be requesting a standard three year re-approval of the ICR without any modifications. Use of Information Collected When a party in a civil proceeding in Federal Court seeks access to SSI information for preparation of that party’s case (including providing access for expert witnesses, consultants or court reporters as required), TSA will require the submission of information including identifying information and an explanation supporting the party’s need for the information. TSA will use the information to conduct a threat assessment which will include:

“(1) a fingerprint-based criminal history records check (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 (for attorneys and court reporters)” (75 FR 44975)

The results of that threat assessment will be used to make the final determination of “whether the provision of such access to the information for the proceeding presents a risk of harm to the Nation” and if the individual will, therefore, be granted access to the SSI at issue in the case. Public Comments TSA is requesting public comments on their request for an extension of the current ICR which has been in existence since January 12th, 2007. Public comments should be emailed to TSAPRA@dhs.gov by September 28, 2010.