FR 2024-29585

The document under review is a notice from the Transportation Security Administration (TSA), part of the Department of Homeland Security. It describes a revision to the TSA's process for collecting information from individuals who file claims against the agency, notably under the Paperwork Reduction Act (PRA). This revised process aims to gather more comprehensive data to resolve claims related to property loss, personal injury, or other damages that allegedly result from actions by TSA employees.

General Summary

The TSA is addressing the need to update its Information Collection Request. This change will allow it to collect more detailed information from claimants who seek compensation for damages under federal tort claims. The revised process involves the addition of a Supplemental Information Form and the Authorization for Disclosure of Protected Health Information, which allows the agency to request information covered by HIPAA if necessary to adjudicate claims.

Significant Issues and Concerns

While the TSA aims to streamline and improve its claims process, several concerns arise from the document:

1. Lack of Specificity: The document lacks clarity regarding what specific additional information is required from claimants. This vagueness may pose challenges for those filing claims, as they might be unclear about what documentation or details are necessary, potentially leading to inconsistent submissions.

2. Privacy and Security Issues: Introducing the requirement for TSA Form 600, which involves collecting sensitive personal information protected under HIPAA, raises critical privacy and security issues. The document does not explain how the information will be stored, accessed, or otherwise protected, which could be a concern for claimants.

3. Discrepancy in Respondent Numbers: There appears to be a mismatch between the estimated number of claimants—7,500 annually—and the document's mention of approximately 750 tort claims each month, which would suggest 9,000 claims annually. This discrepancy requires clarification to understand the expected workload and its implications on the claims process.

4. Complex Language: The language used in the "Comments Invited" section of the document includes legal references and technical jargon that the general public might find challenging to understand without additional context or explanation.

Broad Public Impact

For the general public, this revision may lead to a more efficient claims process, ideally resolving disputes more swiftly and transparently. However, the requirement for additional information, particularly sensitive health information, may deter some individuals from filing claims due to privacy concerns. The complexity and lack of clarity in the document could also affect individuals' understanding of their rights and the claims process itself.

Impact on Specific Stakeholders

• Claimants: Individuals seeking redress for potential damages caused by TSA actions may find the revised process beneficial if it results in expedited claims handling. However, they might also face increased administrative burden due to the additional documentation requirements, and they could have concerns about their personal information's security.

• TSA and Administrative Staff: The agency may benefit from improved data accuracy and completeness, facilitating better decision-making in claim adjudications. However, staff will need to manage the heightened responsibility of handling sensitive information and ensuring compliance with privacy standards.

• Legal and Privacy Advocates: These stakeholders might scrutinize the TSA's handling of claims, especially regarding data collection and privacy protections. Their focus could help drive further refinements to ensure that both efficiency and privacy are adequately balanced in the claims process.

In summary, while the TSA's attempt to enhance its information collection process could streamline handling tort claims, clarifying and addressing the current issues identified in the document will be crucial for ensuring that claimants and the agency can benefit from these changes without undue burden or risk.