Privacy Act of 1974; System of Records, 47073-47079 [E7-16487]
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices
supplement to the complaint on August
8, 2007. The complaint, as
supplemented, alleges violations of
§ 337 in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain nitrile rubber
gloves by reason of infringement of U.S.
Patent No. Re. 35,616. The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of § 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
permanent exclusion order and a
permanent cease and desist order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://www.usitc.gov/secretary/
edis.htm.
Vu
Q. Bui, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone (202) 205–2582.
FOR FURTHER INFORMATION CONTACT:
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Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2006).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 15, 2007, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of § 337
in the importation into the United
States, the sale for importation, or the
sale within the United States after
importation of certain nitrile rubber
gloves by reason of infringement of one
or more of claims 1 and 17–19 of U.S.
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Patent No. Re. 35,616, and whether an
industry in the United States exists as
required by subsection (a)(2) of § 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is—
Tillotson Corporation, d/b/a, Best
Manufacturing Company, 579 Edison
Street, Menlo, Georgia 30731.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Cardinal Health, Inc., 7000 Cardinal
Place, Dublin, Ohio 43017.
Cardinal Health 200, Inc., 1430
Waukegan Road (MP KB–1A), McGaw
Park, Illinois 60085.
Cardinal Health Malaysia 211 Sdn.
Bhd., Plot 87, Kampung Jawa 11900,
Bayan Lepas, Malaysia.
Henry Schein, Inc., 135 Duryea Road,
Melville, New York 11747.
HSI Gloves Inc., 135 Duryea Road,
Melville, New York 11747.
Latexx Partners Berhad, Pt5054, Jalan
Perusahaan 3, Kamunting, Industrial
Estate, 34600 Kamunting, Perak, Darul
Ridzuan, Malaysia.
Medtexx Partners Inc., 102 Engle St.
FL2, Englewood, New Jersey 07631.
(c) The Commission investigative
attorney, party to this investigation, is
Vu Q. Bui, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street, SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Honorable Charles E. Bullock is
designated as the presiding
administrative law judge.
(4) The Commission has determined
to assign this investigation to Judge
Bullock, who is the presiding
administrative law judge in Certain
Nitrile Gloves, Inv. No. 337–TA–608, in
view of the overlapping subject matter
in the two investigations. The presiding
administrative law judge is authorized
to consolidate Inv. No. 337–TA–608 and
this investigation if he deems it
appropriate.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
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47073
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of a limited exclusion order or
cease and desist order or both directed
against the respondents.
Issued: August 16, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. E7–16432 Filed 8–21–07; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[AAG/A Order No. 028–2007]
Privacy Act of 1974; System of
Records
Federal Bureau of
Investigation, DOJ.
ACTION: Notice to amend system of
records.
AGENCY:
SUMMARY: The Federal Bureau of
Investigation proposes to amend its
Terrorist Screening Records System,
Justice/FBI–019, maintained by the
Terrorist Screening Center, to make
several changes to its existing notice.
Public comments are invited.
DATES: The Privacy Act requires that the
public be given 30 days in which to
comment on any new or amended uses
of information in a system of records. In
addition, the Office of Management and
Budget (OMB), which has oversight
responsibilities under the Act, and the
Congress must be given 40 days in
which to review major changes to
Privacy Act systems. Therefore, the
public, OMB, and the Congress are
invited to submit written comments on
this revised Privacy Act system of
records. Please submit any comments by
October 1, 2007.
ADDRESSES: Address all comments to
Kenneth P. Mortensen, Deputy Privacy
and Civil Liberties Officer, U.S.
Department of Justice, 950 Pennsylvania
Ave., NW., Washington, DC 20530,
facsimile number (202) 616–9627.
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FOR FURTHER INFORMATION CONTACT:
Kenneth P. Mortensen, (202) 514–3853.
SUPPLEMENTARY INFORMATION: On July
28, 2005, the Department of Justice,
Federal Bureau of Investigation (FBI)
published a new Privacy Act System of
Records notice, the Terrorist Screening
Records System (TSRS), Justice/FBI–
019, to cover records maintained by the
Terrorist Screening Center (TSC), the
system owner. See 70 FR 43715.
Records in the TSRS include the
Terrorist Screening Database (TSDB),
records in the Encounter Management
Application (EMA) that document the
operational support TSC provides to
agencies that screen for terrorists
(‘‘screening agencies’’), and records
related to the TSC’s internal quality
assurance process to ensure the terrorist
data is thorough, accurate and current.
The TSC also maintains records related
to the resolution of terrorist watchlistrelated redress complaints.
The TSC now proposes modifications
to the system to expand the scope of the
system, and to increase the clarity of the
notice. The following explains the
proposed modifications:
General Changes
The previous system notice used the
terms ‘‘terrorist screening’’ and
‘‘terrorism screening’’ interchangeably
to describe the same process. This
notice is being modified so that only the
term ‘‘terrorism screening’’ is used,
making it consistent with the language
in Homeland Security Presidential
Directive 6 (HSPD 6). This system notice
also makes use of the term Terrorism
Information as defined in section 1016
of the Intelligence Reform and
Prevention Act of 2004 (Pub. L. 108–
458).
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System Location
The current system of records notice
for Justice/FBI–019 states that the
records are located at the TSC, Federal
Bureau of Investigation, Washington,
DC. The notice has been amended to
reflect that records in Justice/FBI–019
may also be located in secondary
locations for system back-up and
continuity-of-operations purposes.
Categories of Individuals
The TSC is expanding the categories
of individuals covered by this system to
cover individuals who are authorized
users of the underlying information
systems described by this system of
records, such as the TSDB and EMA,
since audit logs documenting their use
will be maintained in connection with
the system.
Currently, only TSC personnel can
perform queries directly against the
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TSDB, EMA, and other internal TSC
databases. In the future, the TSC plans
to operate a query function permitting
authorized individuals from screening
agencies or entities to access TSC
systems directly from an external
location and submit search queries.
Collection and maintenance of
information through audit logs about
authorized users will allow the TSC to
monitor who uses TSC information
systems for what purpose, in order to
ensure compliance with applicable laws
and policy. Therefore, the TSC is
modifying this system of records notice
to account for this fact.
Additionally, the TSC is clarifying
that this system of records covers all
individuals whose names or identifying
information is collected to perform a
query against TSC information systems,
such as TSDB, but who are not
necessarily individuals whose
information is generally maintained as
terrorist information in the TSDB. For
example, in certain instances,
individuals’ names are queried directly
against the TSDB or EMA to see if there
is a possible record match and, if there
is not, their names may be retained in
an audit trail that records the activity of
authorized users of TSC information
systems. The system notice is being
modified to make clear that these
individuals’ information is also
included in this system of records.
The TSC is adding a new category to
cover individuals who accompany or
travel with a person when that person
is an actual match to a known or
suspected terrorist identity in the TSDB
and when the TSC or screening agency
or entity identifies that person as such
during a terrorism screening process.
The TSC collects this information in the
course of encounters with known or
suspected terrorists. For example, an
encounter can include times when an
individual was in the car along with a
person matching an identity in the
TSDB during a traffic stop by state or
local law enforcement officers. TSC
maintains this information about such
individuals in EMA and not in the
TSDB, and shares it as appropriate with
other agencies for law enforcement and
intelligence purposes consistent with
the routine uses of this system of
records.
Categories of Records
The TSC is adding new categories of
records to cover audit logs for TSC
systems, and archived records and
record histories for the TSDB and other
TSC systems.
As discussed above, audit log records
allow the TSC to monitor who uses TSC
systems for what purpose in order to
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ensure compliance with applicable laws
and policy. A TSDB record history is a
log of any previous changes to the
current version of a TSDB record.
Archived TSDB records are TSDB
records that pertain to individuals who
are no longer eligible for inclusion in
the TSDB, because those individuals no
longer meet the criteria for inclusion in
the TSDB as a known or suspected
terrorist. The TSC retains these records
in an archive that is logically separate
from other TSDB data and may be
accessed only by a limited number of
TSC personnel who have undergone
specialized training on the sensitivity of
these records and the permissible
reasons for access.
Pursuant to TSC policy, archived
TSDB records may only be accessed for
the following purposes: (1) Redress, (2)
litigation, (3) quality assurance (e.g., to
determine if a record correction is
required to an existing record in a TSC
or other agency system), (4) to respond
to requests from oversight bodies and
auditors, and to perform internal audits,
(5) to evaluate TSC performance and
data in the event of another terrorist
attack or attempted attack, and to
support any related investigation, and
(6) when access is otherwise required by
law (e.g., Freedom of Information Act
(FOIA) request). Archived TSDB records
are not used or made available for any
watchlisting purposes. The search
function for the TSDB archive requires
that prior to accessing the TSDB archive
authorized TSC personnel must identify
an approved purpose with information
supporting the need for access. This
information is maintained in a detailed
audit log, which is routinely reviewed
by TSC compliance personnel.
Additionally, the TSC is modifying
other descriptions of categories of
records to clarify the types of
information held in the TSC systems.
The TSC is adding language to clarify
that records of encounters may include
information about individuals who
accompany or travel with a person
when that person is an actual match to
a known or suspected terrorist identity
in the TSDB and the TSC or screening
agency or entity identifies that person as
such during a terrorism screening
process.
The TSC is also modifying Item (a) To
add ‘‘photograph’’ as a specific type of
identifying data that may be contained
in the TSRS. While a photograph may
be considered a biometric, which is
already listed in Item (a), TSC is listing
photographs as a separate item to ensure
clarity.
The TSC is modifying Item (b) By
changing the term ‘‘agency’’ to ‘‘entity’’
to reflect that entities other than a
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federal government agency may engage
in terrorism screening. Item (b) is also
being modified by removing the
language ‘‘terrorist encounters’’ and
replacing it with ‘‘encounters with
known or suspected terrorists,’’ which is
a more precise characterization, because
Item (a) in the Categories of Individuals
defines the phrase ‘‘known or suspected
terrorists.’’
The TSC is also modifying Item (c) to
make clear that TSRS may also include
references to or information from other
relevant databases that contain terrorism
information, in the event such databases
are not considered law enforcement or
intelligence databases.
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Authority for Maintenance of the
System
The TSC is adding the following legal
authorities: the National Security Act of
1947, as amended; the Intelligence
Reform and Terrorism Prevention Act of
2004, Pub. L. 108–458, 18 Stat. 3638
(December 17, 2004); and Executive
Order 13388, ‘‘Further Strengthening
the Sharing of Terrorism Information to
Protect Americans,’’ (October 25, 2005).
TSC is removing the reference to
Executive Order 13356, which has been
superseded by Executive Order 13388.
Also, the TSC is adding language to
provide notice that in the event that the
TSC’s continuity-of-operations plans are
invoked, the agency that assumes TSC
operational functions will have the
authority to administer the Terrorist
Screening Records System as necessary
to carry out those functions and will act
consistent with the obligations required
by the Privacy Act of 1974 in the
maintenance of TSRS as a Privacy Act
System of Records.
Purpose Statement
Consistent with the changes discussed
above regarding auditing of TSC data
systems, the TSC is expanding the
purpose of the system of records to
clarify that one purpose is to conduct
appropriate oversight of the proper use
of TSC data systems.
The language in Item (e) Is being
modified to add the quoted language
below to more accurately reflect TSC’s
mission, as set forth in HSPD 6, to
provide support for private sector
screening processes ‘‘that have a
substantial bearing on homeland
security.’’
The language in Item (f) is being
modified to remove the word ‘‘agency’s’’
and insert the word ‘‘authorized’’
preceding the term ‘‘screening process’’
to more accurately describe the type of
screening TSC may perform. The word
‘‘agency’’ was removed because not all
terrorism screening is necessarily
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performed by a federal government
agency. The word ‘‘authorized’’ was
added because all terrorism screening
processes using TSC data must be
authorized by the TSC pursuant to the
standard articulated in HSPD 6.
The language in Item (g) Is being
changed to add the word
‘‘organizations’’ to the list of entities
and individuals that may receive
information about encounters with
known or suspected terrorists. This
change is intended to better reflect the
ongoing efforts by the federal
government to increase sharing of
intelligence, law enforcement and
terrorism information with the State and
local governments, fusion centers, and
critical infrastructure owners and
operators, consistent with the privacy
protections required by the Privacy Act
and as articulated in this notice.
The language in Item (h) is being
changed by removing the word
‘‘repeatedly’’ from the phrase ‘‘to assist
persons repeatedly misidentified during
a terrorism screening process.’’ This
change is intended to clarify that an
individual does not have to be
misidentified more than once for the
TSC to act to provide assistance through
a redress process or other means.
Conforming changes are being made to
the notice to remove the word
‘‘repeatedly’’ from Routine Uses B, F,
and G, and the categories of individuals
(Item (d)).
Routine Uses
Routine Use B listed for Justice/FBI–
019 permits disclosure of information to
various entities in order to, among other
things ‘‘provide appropriate
notifications of a positive terrorist
encounter or a threat related to the
encounter.’’ The TSC is modifying this
language to clarify that the TSC may
notify an entity of not only a positive
match to the terrorist watchlist, but also
a negative or inconclusive match. Also,
the TSC is modifying this Routine Use
to include ‘‘private sector entities with
a substantial bearing on homeland
security’’ as described in HSPD–6 as
potential recipients of information.
Finally, the TSC is modifying the
language in purpose (2) of this Routine
Use to make clear that a positive
encounter means an encounter with an
individual who is identified in the
TSDB, and to clarify purpose (3) of this
Routine Use by adding the modifiers
‘‘known or suspected’’ to the terms
‘‘terrorist’’ and ‘‘threat related to the
encounter.’’
Routine Use D permits disclosure of
information for the development,
testing, or modification of information
technology systems used or intended to
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be used during or in support of the
screening process, but indicates TSC
will use de-identified data whenever
possible. The TSC is modifying the
language of this Routine Use to clarify
that ‘‘de-identified data’’ means data
that cannot be used to derive an
individual’s identity and to note that deidentified data will be used to the extent
practicable and possible.
Routine Use E permits disclosure of
information to various agencies or
entities to assist in the coordination of
terrorist threat awareness, assessment,
analysis, or response. The TSC is
modifying this language to include
private sector entities in the list of
entities that may receive information
from TSRS for these purposes. This
change is intended to better reflect the
ongoing efforts by the federal
government to increase sharing of
intelligence, law enforcement, terrorism
and threat information with State fusion
centers and the private sector, such as
critical infrastructure and key resource
owners and operators, consistent with
the privacy protections required by the
Privacy Act.
Routine Use H permits disclosure of
information in support of authorized
audit or oversight operations of the DOJ,
including FBI and TSC, or any agency
engaged in or providing information
used for terrorism screening supported
by the TSC. The TSC is modifying this
Routine Use to include authorized
security operations as a permissible
purpose for sharing information, thereby
allowing the TSC to disclose
information to the investigating entity in
the context of a security-related
investigation or inquiry, such as a
personnel investigation or inquiry into a
breach of data security. Additionally,
the TSC is expanding the scope of this
Routine Use by adding language that
would allow disclosure if the subject of
the security, audit, or oversight
operation was not a Federal agency but
an organization or individual that was
engaged in or providing information
used for terrorism screening that is
supported by the TSC. These changes
will allow the TSC to disclose
information to support any oversight
efforts into TSC-related activities.
Routine Use K permits disclosure of
information to a governmental entity
lawfully engaged in collecting law
enforcement, law enforcement
intelligence, or national security
intelligence information for law
enforcement or intelligence purposes.
TSC is modifying this Routine Use by
changing ‘‘national security intelligence
information’’ to ‘‘national security
information’’ and ‘‘national
intelligence,’’ which are terms defined
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by Executive Order 12958, as amended,
and the Intelligence Reform and
Terrorism Prevention Act amendments
to the National Security Act of 1947,
respectively. Also, the TSC is specifying
counterterrorism as one of the purposes
for which information may be disclosed
under this Routine Use, which is
consistent with TSC’s counterterrorism
mission.
The Department of Justice previously
published a notice modifying all of the
Department’s systems of records,
including TSRS, to include a routine
use to permit the disclosure of
information to appropriate persons and
entities for purposes of response and
remedial efforts in the event that there
has been a breach of the data contained
in the Department’s systems of records.
See 72 FR 3410 (Jan. 25, 2007). The TSC
is adding new Routine Use L to this
notice to reflect this change.
Retention and Disposal
Although TSC is a multi-agency
organization, the FBI administers TSC.
Recently, the FBI obtained approval
from the National Archives and Records
Administration for its request for
records disposition authority for records
created and maintained by the TSC. The
TSC is modifying this language to
provide information on the approved
retention periods for TSC records
described in Justice/FBI–019. For
records maintained in the Terrorist
Screening Database (TSDB), active
records are maintained for 99 years and
inactive (archived) records are
maintained for 50 years. Encounter
Management Application (EMA)
records, which document positive,
negative, and inconclusive screening
encounters with individuals in the
TSDB, are maintained for 99 years. TSC
maintains EMA records on negative
encounters, i.e., a person who is
initially identified as a possible match
to a TSDB identity but ultimately
determined not to be a match, in order
to expedite future screening of those
individuals and to support the redress
process. Records of redress inquiries
and quality assurance matters are
maintained for at least six years. Audit
logs are maintained for 25 years and
records of user audits are maintained for
ten years.
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Contesting Record Procedures
The TSC is adding language to this
section to refer individuals to the TSC’s
public Web site for additional
information on the redress process and
the procedures for filing a complaint
related to terrorism screening.
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Record Source Categories
The TSC is modifying this section to
include ‘‘private sector entities engaged
in terrorism screening’’ as a record
source category. This change is being
made to reflect that the TSC may receive
information for screening from the
private sector in support of the TSC’s
mission, as set forth in HSPD 6, to
support ‘‘private sector screening
processes that have a substantial bearing
on homeland security.’’
Public Comments Invited
Public comments are invited on all
aspects of the revised system notice,
including the retention periods for
records and the new categories of
individuals and records. See ADDRESSES
section above for information on how to
submit comments.
In accordance with 5 U.S.C. 552a(r),
the Department of Justice has provided
a report of this amended system of
records to the Office of Management and
Budget and to Congress.
Dated: August 14, 2007.
Lee J. Lofthus,
Assistant Attorney General for
Administration.
JUSTICE/FBI–019
SYSTEM NAME:
Terrorist Screening Records System
(TSRS).
SECURITY CLASSIFICATION:
Classified, unclassified (law
enforcement sensitive).
SYSTEM LOCATION:
Records described in this notice are
maintained at the Terrorist Screening
Center, Federal Bureau of Investigation,
Washington, D.C., and at facilities
operated by other government entities
for terrorism screening, system back-up,
and continuity of operations purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
a. Individuals known or appropriately
suspected to be or have been engaged in
conduct constituting, in preparation for,
in aid of, or related to terrorism
(‘‘known or suspected terrorists’’);
b. Individuals who are the subject of
queries against TSC information
systems;
c. Individuals identified during a
terrorism screening process as a possible
identity match to a known or suspected
terrorist and other individuals who
accompany or travel with such
individuals;
d. Individuals who are misidentified
as a possible identity match to a known
or suspected terrorist (‘‘misidentified
persons’’);
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e. Individuals about whom a terrorist
watchlist-related redress inquiry has
been made; and
f. Individuals whose information is
collected and maintained for
information system user auditing and
security purposes, such as individuals
who are authorized users of TSC
information systems.
CATEGORIES OF RECORDS IN THE SYSTEM:
a. Identifying information, such as
name, date of birth, place of birth,
biometrics, photographs, passport and/
or drivers license information, and other
available identifying particulars used to
compare the identity of an individual
being screened with a known or
suspected terrorist, including audit
records containing this information;
b. Information about encounters with
individuals covered by this system,
such as date, location, screening entity,
analysis, associated individuals, and
results (positive or negative identity
match), and, for encounters with known
or suspected terrorists only, other
entities notified and details of any law
enforcement, intelligence, or other
operational response;
c. For known or suspected terrorists,
in addition to the categories of records
listed above, references to and/or
information from other government law
enforcement and intelligence databases,
or other relevant databases that may
contain terrorism information;
d. For misidentified persons, in
addition to the categories of records
listed above, additional identifying
information that will be used during
screening only for the purpose of
distinguishing them from a known or
suspected terrorist who has similar
identifying characteristics (such as
name and date of birth);
e. For redress matters, in addition to
the categories of records listed above,
information provided by individuals or
their representatives, information
provided by the screening agency, and
internal work papers and other
documents related to researching and
resolving the matter;
f. Information collected and compiled
to maintain an audit trail of the activity
of authorized users of TSC information
systems, such as user name/ID, date/
time, search query and results data, user
activity information (e.g., record
retrieval, modification, or deletion data),
and record numbers; and,
g. Archived records and record
histories from the Terrorist Screening
Database, Encounter Management
Application, and other TSC data
systems that are part of the TSRS.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Homeland Security Presidential
Directive-6, ‘‘Integration and Use of
Screening Information to Protect
Against Terrorism’’ (Sept. 16, 2003);
Executive Order 13388, Further
Strengthening the Sharing of Terrorism
Information to Protect Americans,’’
(October 25, 2005); the Intelligence
Reform and Terrorism Prevention Act of
2004, Pub. L. 108–458; the National
Security Act of 1947, as amended; and
28 U.S.C. 533. In the event that the
TSC’s continuity-of-operations plans are
invoked, the agency that assumes TSC
operational functions will have the
authority to administer the Terrorist
Screening Records System as necessary
to carry out those functions.
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PURPOSE(S):
a. To implement the U.S.
Government’s National Strategy for
Homeland Security and Homeland
Security Presidential Directive-6, to
identify potential terrorist threats, to
uphold and enforce the law, and to
ensure public safety.
b. To consolidate the government’s
approach to terrorism screening and
provide for the appropriate and lawful
use of terrorist information in screening
processes.
c. To maintain current, accurate and
thorough terrorist information in a
consolidated terrorist screening
database and determine which terrorism
screening processes will use each entry
in the database.
d. To ensure that appropriate
information possessed by State, local,
territorial, and tribal governments,
which is lawfully available to the
Federal Government, is considered in
determinations made by the TSC as to
whether a person is a match to a known
or suspected terrorist.
e. To host mechanisms and make
terrorism information available to
support appropriate domestic, and
foreign terrorism screening processes,
and private-sector screening processes
that have a substantial bearing on
homeland security.
f. To provide continual operational
support to assist in the identification of
persons screened and to facilitate an
appropriate and lawful response when a
known or suspected terrorist is
identified in an authorized screening
process.
g. To provide appropriate government
officials, agencies, or organizations with
information about encounters with
known or suspected terrorists.
h. To assist persons misidentified
during a terrorism screening process
and to assist screening agencies or
entities in responding to individual
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Jkt 211001
complaints about the screening process
(redress).
i. To oversee the proper use,
maintenance, and security of TSC data
systems and TSC personnel.
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, the records
or information in this system may be
disclosed as a routine use, under 5
U.S.C. 552a(b)(3), in accordance with
blanket routine uses established for FBI
record systems. See Blanket Routine
Uses (BRU) Applicable to More Than
One FBI Privacy Act System of Records,
Justice/FBI–BRU, published on June 22,
2001 at 66 FR 33558 and amended on
February 14, 2005 at 70 FR 7513. In
addition, as routine uses specific to this
system, the TSC may disclose relevant
system records to the following persons
or entities and under the circumstances
or for the purposes described below, to
the extent such disclosures are
compatible with the purpose for which
the information was collected. (Routine
uses are not meant to be mutually
exclusive and may overlap in some
cases.)
A. To those federal agencies that have
agreed to provide support to TSC for
purposes of ensuring the continuity of
TSC operations.
B. To federal, state, local, tribal,
territorial, foreign, multinational or
other public agencies or entities, to
entities regulated by any such agency or
entity, and to owners/operators of
critical infrastructure or private sector
entities with a substantial bearing on
homeland security and their agents,
contractors or representatives, for the
following purposes: (1) For use in and
in support of terrorism screening
authorized by the U.S. Government, (2)
to provide appropriate notifications of
the results of terrorism screening using
information from the Terrorist
Screening Database or a threat related to
a positive encounter with an individual
identified in the Terrorist Screening
Database, (3) to facilitate any
appropriate law enforcement or other
response (e.g., medical and containment
response to a biological hazard) to a
known or suspected terrorist or a threat
related to the encounter, and (4) to assist
persons misidentified during a
screening process.
C. To any person, organization, or
governmental entity in order to notify
them of a serious terrorist threat for the
purpose of guarding against or
responding to such a threat.
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47077
D. To federal, state, local, tribal,
territorial, foreign, or multinational
agencies or entities, or other
organizations that are engaged in, or are
planning to engage in terrorism
screening authorized by the U.S.
Government, for the purpose of the
development, testing, or modification of
information technology systems used or
intended to be used during or in support
of the screening process; whenever
practicable, however, TSC, to the extent
possible, will substitute anonymized or
de-identified data, such that the identity
of the individual cannot be derived from
the data.
E. To federal, state, local, tribal,
territorial, foreign, multinational
agencies or entities, or private sector
entities to assist in coordination of
terrorist threat awareness, assessment,
analysis or response.
F. To any person or entity in either
the public or private sector, domestic or
foreign, where reasonably necessary to
elicit information or cooperation from
the recipient for use by the TSC in the
performance of an authorized function,
such as obtaining information from data
sources as to the thoroughness,
accuracy, currency, or reliability of the
data provided so that the TSC may
review the quality and integrity of its
records for quality assurance or redress
purposes, and may also assist persons
misidentified during a screening
process.
G. To any federal, state, local, tribal,
territorial, foreign or multinational
agency, task force, or other entity or
person that receives information from
the U.S. Government for terrorism
screening purposes, in order to facilitate
TSC’s or the recipient’s review,
maintenance, and correction of TSC
data for quality assurance or redress
purposes, and to assist persons
misidentified during a screening
process.
H. To any agency, organization or
person for the purposes of (1)
performing authorized security, audit,
or oversight operations of the DOJ, FBI,
TSC, or any agency, organization, or
person engaged in or providing
information used for terrorism screening
that is supported by the TSC, and (2)
meeting related reporting requirements.
I. To a former employee of the TSC or
a former contractor supporting the TSC
for purposes of: Responding to an
official inquiry by a federal, state, or
local government entity or professional
licensing authority, in accordance with
any applicable government regulations;
or facilitating communications with a
former employee/contractor that may be
necessary for personnel-related or other
official purposes where the TSC
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requires information and/or
consultation assistance from the former
employee/contractor regarding a matter
within that person’s former area of
responsibility.
J. To any criminal, civil, or regulatory
law enforcement authority (whether
federal, state, local, territorial, tribal,
multinational or foreign) where the
information is relevant to the recipient
entity’s law enforcement
responsibilities.
K. To a governmental entity lawfully
engaged in collecting law enforcement,
law enforcement intelligence, national
security information, national
intelligence, or terrorism information for
law enforcement, intelligence, or
counterterrorism purposes.
L. To appropriate agencies, entities,
and persons when (1) the Department of
Justice suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised; (2) the Department
of Justice has determined that as a result
of the suspected or confirmed
compromise there is a risk of harm to
economic or property interests, identity
theft or fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department of
Justice’s efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored in
paper and/or electronic format.
Electronic storage is on servers, CD–
ROMs, DVD–ROMs, and magnetic tapes.
Physical security protections include
guards and locked facilities requiring
badges and passwords for access.
Records are accessed only by authorized
government personnel and contractors
and are protected by appropriate
physical and technological safeguards to
prevent unauthorized access. All
Federal employees and contractors
assigned to the TSC must hold an
appropriate security clearance, sign a
non-disclosure agreement, and undergo
privacy and security training.
RETENTION AND DISPOSAL:
Records in this system will be
retained and disposed of in accordance
with the records schedule approved by
the National Archives and Records
Administration. For records maintained
in the Terrorist Screening Database,
active records are maintained for 99
years and inactive (archived) records are
maintained for 50 years. Records of
possible encounters with individuals on
the Terrorist Screening Database are
maintained for 99 years. Records of
redress inquiries and quality assurance
matters are maintained for at least six
years. Audit logs are maintained for 25
years and records of user audits are
maintained for ten years.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Terrorist Screening Center,
Federal Bureau of Investigation, FBI
Headquarters, 935 Pennsylvania
Avenue, NW., Washington, DC 20535–
0001.
NOTIFICATION PROCEDURE:
Because this system contains
classified intelligence and law
enforcement information related to the
government’s counterterrorism, law
enforcement, and intelligence programs,
records in this system have been
exempted from notification, access, and
amendment to the extent permitted by
subsections (j) and (k) of the Privacy
Act.
Requests for notification should be
addressed to the FBI at the address and
according to the requirements set forth
below under the heading ‘‘Record
Access Procedures.’’
RETRIEVABILITY:
RECORD ACCESS PROCEDURES:
jlentini on PROD1PC65 with NOTICES
Records in this system are typically
retrieved by individual name, date of
birth, passport number, and other
identifying data, including unique
identifying numbers assigned by the
TSC or other government agencies.
SAFEGUARDS:
All records are maintained in a secure
government facility with access limited
to only authorized personnel or
authorized and escorted visitors.
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16:26 Aug 21, 2007
Jkt 211001
Because this system contains
classified intelligence and law
enforcement information related to the
government’s counterterrorism, law
enforcement and intelligence programs,
records in this system have been
exempted from notification, access, and
amendment to the extent permitted by
subsections (j) and (k) of the Privacy
Act. A request for access to a nonexempt record shall be made in writing
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Frm 00127
Fmt 4703
Sfmt 4703
with the envelope and the letter clearly
marked ‘‘Privacy Act Request.’’ Include
in the request your full name and
complete address. The requester must
sign the request; and, to verify it, the
signature must 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. You may submit any
other identifying data you wish to
furnish to assist in making a proper
search of the system. Requests for access
to information must be addressed to the
Record Information Dissemination
Section, Federal Bureau of Investigation,
935 Pennsylvania Avenue, NW.,
Washington, DC 20535–0001.
CONTESTING RECORD PROCEDURES:
Because this system contains
classified intelligence and law
enforcement information related to the
government’s counterterrorism, law
enforcement and intelligence programs,
records in this system are exempt from
notification, access, and amendment to
the extent permitted by subsections (j)
and (k) of the Privacy Act (5 U.S.C.
552a). Requests for amendment should
be addressed to the FBI at the address
and according to the requirements set
forth above under the heading ‘‘Record
Access Procedures.’’
If, however, individuals are
experiencing repeated delays or
difficulties during a government
screening process and believe that this
might be related to terrorist watch list
information, they may contact the
Federal agency that is conducting the
screening process in question
(‘‘screening agency’’). The screening
agency is in the best position to
determine if a particular problem relates
to a terrorist watch list entry or is due
to some other cause, such as a criminal
history, an immigration violation or
random screening. Some individuals
also experience repeated delays during
screening because their names and/or
other identifying data, such as dates of
birth, are similar to those of known or
suspected terrorists. These individuals,
referred to as ‘‘misidentified persons,’’
often believe that they themselves are
on a terrorist watch list, when in fact
they only bear a similarity in name or
other identifier to an individual on the
list. Most screening agencies have or are
developing procedures to expedite the
clearance of misidentified persons
during screening.
By contacting the screening agency
with a complaint, individuals will be
able to take advantage of the procedures
available to help misidentified persons
and others experiencing screening
problems. Check the agency’s
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices
Information in this system is obtained
from individuals covered by the system,
public sources, agencies and private
sector entities conducting terrorism
screening, law enforcement and
intelligence agency record systems,
government databases, and foreign
governments.
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the
Employment Standards Administration
is soliciting comments concerning the
proposed collection: Application for
Continuation of Death Benefit for
Student (LS–266). A copy of the
proposed information collection request
can be obtained by contacting the office
listed below in the addresses section of
this Notice.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
October 22, 2007.
ADDRESSES: Ms. Hazel M. Bell, U.S.
Department of Labor, 200 Constitution
Ave., NW., Room S–3201, Washington,
DC 20210, telephone (202) 693–0418,
fax (202) 693–1451, E-mail
bell.hazel@dol.gov. Please use only one
method of transmission for comments
(mail, fax, or E-mail).
SUPPLEMENTARY INFORMATION:
EXEMPTIONS CLAIMED FOR THE SYSTEM
I. Background
requirements for submitting complaints
but, at a minimum, individuals should
describe in as much detail as possible
the problem they are having, including
dates and locations of screening, and
provide sufficient information to
identify themselves, such as full name,
citizenship status, and date and place of
birth. The TSC assists the screening
agency in resolving any screening
complaints that may relate to terrorist
watch list information, but does not
receive or respond to individual
complaints directly. However, if TSC
receives any such complaints, TSC will
forward them to the appropriate
screening agency.
Additional information about the
redress process and how to file a
complaint with a screening agency is
available on TSC’s Web site at https://
www.fbi.gov/terrorinfo/counterrorism/
redress.htm.
RECORD SOURCE CATEGORIES
The Attorney General has exempted
this system from subsections (c)(3) and
(4), (d)(1), (2), (3) and (4), (e)(1), (2), (3),
(5) and (8), and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the
extent that information in the system is
subject to exemption pursuant to 5
U.S.C. 552a(j) and (k). Rules have been
promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c) and
(e).
[FR Doc. E7–16487 Filed 8–21–07; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment
Request
ACTION:
Notice.
II. Review Focus
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
jlentini on PROD1PC65 with NOTICES
SUMMARY:
VerDate Aug<31>2005
16:26 Aug 21, 2007
The Office of Workers’ Compensation
Programs (OWCP) administers the
Longshore and Harbor Workers’
Compensation Act. The Act provides for
continuation of death benefits for a
child or certain other surviving
dependents after the age of 18 (to age
23) if the dependent qualifies as a
student as defined in Section 2 (18) of
the Act. Regulation 20 CFR 702.121
addresses the use of forms for the
reporting of required information. The
LS–266 is submitted by the parent or
guardian of the dependent for whom
continuation of benefits is sought. The
statements contained on the form must
be verified by an official of the
educational institution. The information
is used by the Department of Labor to
determine whether a continuation of the
benefits is justified. This information
collection is currently approved for use
through December 31, 2007.
Jkt 211001
The Department of Labor is
particularly interested in comments
which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
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47079
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions
The Department of Labor seeks the
approval of the extension of this
information collection in order to
ensure that eligible dependents may
continue to receive benefits to which
they are entitled.
Type of Review: Extension.
Agency: Employment Standards
Administration.
Title: Application for Continuation of
Death Benefits for Student.
OMB Number: 1215–0073.
Agency Number: LS–266.
Affected Public: Individuals or
households; Business or other for-profit.
Total Respondents: 43.
Total Annual responses: 43.
Time per Response: 30 minutes.
Estimated Total Burden Hours: 22.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $0.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated: August 16, 2007.
Hazel M. Bell,
Acting Chief, Branch of Management Review
and Internal Control, Division of Financial
Management, Office of Management,
Administration and Planning, Employment
Standards Administration.
[FR Doc. E7–16533 Filed 8–21–07; 8:45 am]
BILLING CODE 4510–CF–P
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]]>Agencies
[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 47073-47079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16487]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[AAG/A Order No. 028-2007]
Privacy Act of 1974; System of Records
AGENCY: Federal Bureau of Investigation, DOJ.
ACTION: Notice to amend system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Bureau of Investigation proposes to amend its
Terrorist Screening Records System, Justice/FBI-019, maintained by the
Terrorist Screening Center, to make several changes to its existing
notice. Public comments are invited.
DATES: The Privacy Act requires that the public be given 30 days in
which to comment on any new or amended uses of information in a system
of records. In addition, the Office of Management and Budget (OMB),
which has oversight responsibilities under the Act, and the Congress
must be given 40 days in which to review major changes to Privacy Act
systems. Therefore, the public, OMB, and the Congress are invited to
submit written comments on this revised Privacy Act system of records.
Please submit any comments by October 1, 2007.
ADDRESSES: Address all comments to Kenneth P. Mortensen, Deputy Privacy
and Civil Liberties Officer, U.S. Department of Justice, 950
Pennsylvania Ave., NW., Washington, DC 20530, facsimile number (202)
616-9627.
[[Page 47074]]
FOR FURTHER INFORMATION CONTACT: Kenneth P. Mortensen, (202) 514-3853.
SUPPLEMENTARY INFORMATION: On July 28, 2005, the Department of Justice,
Federal Bureau of Investigation (FBI) published a new Privacy Act
System of Records notice, the Terrorist Screening Records System
(TSRS), Justice/FBI-019, to cover records maintained by the Terrorist
Screening Center (TSC), the system owner. See 70 FR 43715. Records in
the TSRS include the Terrorist Screening Database (TSDB), records in
the Encounter Management Application (EMA) that document the
operational support TSC provides to agencies that screen for terrorists
(``screening agencies''), and records related to the TSC's internal
quality assurance process to ensure the terrorist data is thorough,
accurate and current. The TSC also maintains records related to the
resolution of terrorist watchlist-related redress complaints.
The TSC now proposes modifications to the system to expand the
scope of the system, and to increase the clarity of the notice. The
following explains the proposed modifications:
General Changes
The previous system notice used the terms ``terrorist screening''
and ``terrorism screening'' interchangeably to describe the same
process. This notice is being modified so that only the term
``terrorism screening'' is used, making it consistent with the language
in Homeland Security Presidential Directive 6 (HSPD 6). This system
notice also makes use of the term Terrorism Information as defined in
section 1016 of the Intelligence Reform and Prevention Act of 2004
(Pub. L. 108-458).
System Location
The current system of records notice for Justice/FBI-019 states
that the records are located at the TSC, Federal Bureau of
Investigation, Washington, DC. The notice has been amended to reflect
that records in Justice/FBI-019 may also be located in secondary
locations for system back-up and continuity-of-operations purposes.
Categories of Individuals
The TSC is expanding the categories of individuals covered by this
system to cover individuals who are authorized users of the underlying
information systems described by this system of records, such as the
TSDB and EMA, since audit logs documenting their use will be maintained
in connection with the system.
Currently, only TSC personnel can perform queries directly against
the TSDB, EMA, and other internal TSC databases. In the future, the TSC
plans to operate a query function permitting authorized individuals
from screening agencies or entities to access TSC systems directly from
an external location and submit search queries. Collection and
maintenance of information through audit logs about authorized users
will allow the TSC to monitor who uses TSC information systems for what
purpose, in order to ensure compliance with applicable laws and policy.
Therefore, the TSC is modifying this system of records notice to
account for this fact.
Additionally, the TSC is clarifying that this system of records
covers all individuals whose names or identifying information is
collected to perform a query against TSC information systems, such as
TSDB, but who are not necessarily individuals whose information is
generally maintained as terrorist information in the TSDB. For example,
in certain instances, individuals' names are queried directly against
the TSDB or EMA to see if there is a possible record match and, if
there is not, their names may be retained in an audit trail that
records the activity of authorized users of TSC information systems.
The system notice is being modified to make clear that these
individuals' information is also included in this system of records.
The TSC is adding a new category to cover individuals who accompany
or travel with a person when that person is an actual match to a known
or suspected terrorist identity in the TSDB and when the TSC or
screening agency or entity identifies that person as such during a
terrorism screening process. The TSC collects this information in the
course of encounters with known or suspected terrorists. For example,
an encounter can include times when an individual was in the car along
with a person matching an identity in the TSDB during a traffic stop by
state or local law enforcement officers. TSC maintains this information
about such individuals in EMA and not in the TSDB, and shares it as
appropriate with other agencies for law enforcement and intelligence
purposes consistent with the routine uses of this system of records.
Categories of Records
The TSC is adding new categories of records to cover audit logs for
TSC systems, and archived records and record histories for the TSDB and
other TSC systems.
As discussed above, audit log records allow the TSC to monitor who
uses TSC systems for what purpose in order to ensure compliance with
applicable laws and policy. A TSDB record history is a log of any
previous changes to the current version of a TSDB record.
Archived TSDB records are TSDB records that pertain to individuals
who are no longer eligible for inclusion in the TSDB, because those
individuals no longer meet the criteria for inclusion in the TSDB as a
known or suspected terrorist. The TSC retains these records in an
archive that is logically separate from other TSDB data and may be
accessed only by a limited number of TSC personnel who have undergone
specialized training on the sensitivity of these records and the
permissible reasons for access.
Pursuant to TSC policy, archived TSDB records may only be accessed
for the following purposes: (1) Redress, (2) litigation, (3) quality
assurance (e.g., to determine if a record correction is required to an
existing record in a TSC or other agency system), (4) to respond to
requests from oversight bodies and auditors, and to perform internal
audits, (5) to evaluate TSC performance and data in the event of
another terrorist attack or attempted attack, and to support any
related investigation, and (6) when access is otherwise required by law
(e.g., Freedom of Information Act (FOIA) request). Archived TSDB
records are not used or made available for any watchlisting purposes.
The search function for the TSDB archive requires that prior to
accessing the TSDB archive authorized TSC personnel must identify an
approved purpose with information supporting the need for access. This
information is maintained in a detailed audit log, which is routinely
reviewed by TSC compliance personnel.
Additionally, the TSC is modifying other descriptions of categories
of records to clarify the types of information held in the TSC systems.
The TSC is adding language to clarify that records of encounters
may include information about individuals who accompany or travel with
a person when that person is an actual match to a known or suspected
terrorist identity in the TSDB and the TSC or screening agency or
entity identifies that person as such during a terrorism screening
process.
The TSC is also modifying Item (a) To add ``photograph'' as a
specific type of identifying data that may be contained in the TSRS.
While a photograph may be considered a biometric, which is already
listed in Item (a), TSC is listing photographs as a separate item to
ensure clarity.
The TSC is modifying Item (b) By changing the term ``agency'' to
``entity'' to reflect that entities other than a
[[Page 47075]]
federal government agency may engage in terrorism screening. Item (b)
is also being modified by removing the language ``terrorist
encounters'' and replacing it with ``encounters with known or suspected
terrorists,'' which is a more precise characterization, because Item
(a) in the Categories of Individuals defines the phrase ``known or
suspected terrorists.''
The TSC is also modifying Item (c) to make clear that TSRS may also
include references to or information from other relevant databases that
contain terrorism information, in the event such databases are not
considered law enforcement or intelligence databases.
Authority for Maintenance of the System
The TSC is adding the following legal authorities: the National
Security Act of 1947, as amended; the Intelligence Reform and Terrorism
Prevention Act of 2004, Pub. L. 108-458, 18 Stat. 3638 (December 17,
2004); and Executive Order 13388, ``Further Strengthening the Sharing
of Terrorism Information to Protect Americans,'' (October 25, 2005).
TSC is removing the reference to Executive Order 13356, which has been
superseded by Executive Order 13388.
Also, the TSC is adding language to provide notice that in the
event that the TSC's continuity-of-operations plans are invoked, the
agency that assumes TSC operational functions will have the authority
to administer the Terrorist Screening Records System as necessary to
carry out those functions and will act consistent with the obligations
required by the Privacy Act of 1974 in the maintenance of TSRS as a
Privacy Act System of Records.
Purpose Statement
Consistent with the changes discussed above regarding auditing of
TSC data systems, the TSC is expanding the purpose of the system of
records to clarify that one purpose is to conduct appropriate oversight
of the proper use of TSC data systems.
The language in Item (e) Is being modified to add the quoted
language below to more accurately reflect TSC's mission, as set forth
in HSPD 6, to provide support for private sector screening processes
``that have a substantial bearing on homeland security.''
The language in Item (f) is being modified to remove the word
``agency's'' and insert the word ``authorized'' preceding the term
``screening process'' to more accurately describe the type of screening
TSC may perform. The word ``agency'' was removed because not all
terrorism screening is necessarily performed by a federal government
agency. The word ``authorized'' was added because all terrorism
screening processes using TSC data must be authorized by the TSC
pursuant to the standard articulated in HSPD 6.
The language in Item (g) Is being changed to add the word
``organizations'' to the list of entities and individuals that may
receive information about encounters with known or suspected
terrorists. This change is intended to better reflect the ongoing
efforts by the federal government to increase sharing of intelligence,
law enforcement and terrorism information with the State and local
governments, fusion centers, and critical infrastructure owners and
operators, consistent with the privacy protections required by the
Privacy Act and as articulated in this notice.
The language in Item (h) is being changed by removing the word
``repeatedly'' from the phrase ``to assist persons repeatedly
misidentified during a terrorism screening process.'' This change is
intended to clarify that an individual does not have to be
misidentified more than once for the TSC to act to provide assistance
through a redress process or other means. Conforming changes are being
made to the notice to remove the word ``repeatedly'' from Routine Uses
B, F, and G, and the categories of individuals (Item (d)).
Routine Uses
Routine Use B listed for Justice/FBI-019 permits disclosure of
information to various entities in order to, among other things
``provide appropriate notifications of a positive terrorist encounter
or a threat related to the encounter.'' The TSC is modifying this
language to clarify that the TSC may notify an entity of not only a
positive match to the terrorist watchlist, but also a negative or
inconclusive match. Also, the TSC is modifying this Routine Use to
include ``private sector entities with a substantial bearing on
homeland security'' as described in HSPD-6 as potential recipients of
information. Finally, the TSC is modifying the language in purpose (2)
of this Routine Use to make clear that a positive encounter means an
encounter with an individual who is identified in the TSDB, and to
clarify purpose (3) of this Routine Use by adding the modifiers ``known
or suspected'' to the terms ``terrorist'' and ``threat related to the
encounter.''
Routine Use D permits disclosure of information for the
development, testing, or modification of information technology systems
used or intended to be used during or in support of the screening
process, but indicates TSC will use de-identified data whenever
possible. The TSC is modifying the language of this Routine Use to
clarify that ``de-identified data'' means data that cannot be used to
derive an individual's identity and to note that de-identified data
will be used to the extent practicable and possible.
Routine Use E permits disclosure of information to various agencies
or entities to assist in the coordination of terrorist threat
awareness, assessment, analysis, or response. The TSC is modifying this
language to include private sector entities in the list of entities
that may receive information from TSRS for these purposes. This change
is intended to better reflect the ongoing efforts by the federal
government to increase sharing of intelligence, law enforcement,
terrorism and threat information with State fusion centers and the
private sector, such as critical infrastructure and key resource owners
and operators, consistent with the privacy protections required by the
Privacy Act.
Routine Use H permits disclosure of information in support of
authorized audit or oversight operations of the DOJ, including FBI and
TSC, or any agency engaged in or providing information used for
terrorism screening supported by the TSC. The TSC is modifying this
Routine Use to include authorized security operations as a permissible
purpose for sharing information, thereby allowing the TSC to disclose
information to the investigating entity in the context of a security-
related investigation or inquiry, such as a personnel investigation or
inquiry into a breach of data security. Additionally, the TSC is
expanding the scope of this Routine Use by adding language that would
allow disclosure if the subject of the security, audit, or oversight
operation was not a Federal agency but an organization or individual
that was engaged in or providing information used for terrorism
screening that is supported by the TSC. These changes will allow the
TSC to disclose information to support any oversight efforts into TSC-
related activities.
Routine Use K permits disclosure of information to a governmental
entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, or national security intelligence information for law
enforcement or intelligence purposes. TSC is modifying this Routine Use
by changing ``national security intelligence information'' to
``national security information'' and ``national intelligence,'' which
are terms defined
[[Page 47076]]
by Executive Order 12958, as amended, and the Intelligence Reform and
Terrorism Prevention Act amendments to the National Security Act of
1947, respectively. Also, the TSC is specifying counterterrorism as one
of the purposes for which information may be disclosed under this
Routine Use, which is consistent with TSC's counterterrorism mission.
The Department of Justice previously published a notice modifying
all of the Department's systems of records, including TSRS, to include
a routine use to permit the disclosure of information to appropriate
persons and entities for purposes of response and remedial efforts in
the event that there has been a breach of the data contained in the
Department's systems of records. See 72 FR 3410 (Jan. 25, 2007). The
TSC is adding new Routine Use L to this notice to reflect this change.
Retention and Disposal
Although TSC is a multi-agency organization, the FBI administers
TSC. Recently, the FBI obtained approval from the National Archives and
Records Administration for its request for records disposition
authority for records created and maintained by the TSC. The TSC is
modifying this language to provide information on the approved
retention periods for TSC records described in Justice/FBI-019. For
records maintained in the Terrorist Screening Database (TSDB), active
records are maintained for 99 years and inactive (archived) records are
maintained for 50 years. Encounter Management Application (EMA)
records, which document positive, negative, and inconclusive screening
encounters with individuals in the TSDB, are maintained for 99 years.
TSC maintains EMA records on negative encounters, i.e., a person who is
initially identified as a possible match to a TSDB identity but
ultimately determined not to be a match, in order to expedite future
screening of those individuals and to support the redress process.
Records of redress inquiries and quality assurance matters are
maintained for at least six years. Audit logs are maintained for 25
years and records of user audits are maintained for ten years.
Contesting Record Procedures
The TSC is adding language to this section to refer individuals to
the TSC's public Web site for additional information on the redress
process and the procedures for filing a complaint related to terrorism
screening.
Record Source Categories
The TSC is modifying this section to include ``private sector
entities engaged in terrorism screening'' as a record source category.
This change is being made to reflect that the TSC may receive
information for screening from the private sector in support of the
TSC's mission, as set forth in HSPD 6, to support ``private sector
screening processes that have a substantial bearing on homeland
security.''
Public Comments Invited
Public comments are invited on all aspects of the revised system
notice, including the retention periods for records and the new
categories of individuals and records. See ADDRESSES section above for
information on how to submit comments.
In accordance with 5 U.S.C. 552a(r), the Department of Justice has
provided a report of this amended system of records to the Office of
Management and Budget and to Congress.
Dated: August 14, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
JUSTICE/FBI-019
System name:
Terrorist Screening Records System (TSRS).
Security classification:
Classified, unclassified (law enforcement sensitive).
System location:
Records described in this notice are maintained at the Terrorist
Screening Center, Federal Bureau of Investigation, Washington, D.C.,
and at facilities operated by other government entities for terrorism
screening, system back-up, and continuity of operations purposes.
Categories of individuals covered by the system:
a. Individuals known or appropriately suspected to be or have been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism (``known or suspected terrorists'');
b. Individuals who are the subject of queries against TSC
information systems;
c. Individuals identified during a terrorism screening process as a
possible identity match to a known or suspected terrorist and other
individuals who accompany or travel with such individuals;
d. Individuals who are misidentified as a possible identity match
to a known or suspected terrorist (``misidentified persons'');
e. Individuals about whom a terrorist watchlist-related redress
inquiry has been made; and
f. Individuals whose information is collected and maintained for
information system user auditing and security purposes, such as
individuals who are authorized users of TSC information systems.
Categories of records in the system:
a. Identifying information, such as name, date of birth, place of
birth, biometrics, photographs, passport and/or drivers license
information, and other available identifying particulars used to
compare the identity of an individual being screened with a known or
suspected terrorist, including audit records containing this
information;
b. Information about encounters with individuals covered by this
system, such as date, location, screening entity, analysis, associated
individuals, and results (positive or negative identity match), and,
for encounters with known or suspected terrorists only, other entities
notified and details of any law enforcement, intelligence, or other
operational response;
c. For known or suspected terrorists, in addition to the categories
of records listed above, references to and/or information from other
government law enforcement and intelligence databases, or other
relevant databases that may contain terrorism information;
d. For misidentified persons, in addition to the categories of
records listed above, additional identifying information that will be
used during screening only for the purpose of distinguishing them from
a known or suspected terrorist who has similar identifying
characteristics (such as name and date of birth);
e. For redress matters, in addition to the categories of records
listed above, information provided by individuals or their
representatives, information provided by the screening agency, and
internal work papers and other documents related to researching and
resolving the matter;
f. Information collected and compiled to maintain an audit trail of
the activity of authorized users of TSC information systems, such as
user name/ID, date/time, search query and results data, user activity
information (e.g., record retrieval, modification, or deletion data),
and record numbers; and,
g. Archived records and record histories from the Terrorist
Screening Database, Encounter Management Application, and other TSC
data systems that are part of the TSRS.
[[Page 47077]]
Authority for maintenance of the system:
Homeland Security Presidential Directive-6, ``Integration and Use
of Screening Information to Protect Against Terrorism'' (Sept. 16,
2003); Executive Order 13388, Further Strengthening the Sharing of
Terrorism Information to Protect Americans,'' (October 25, 2005); the
Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-
458; the National Security Act of 1947, as amended; and 28 U.S.C. 533.
In the event that the TSC's continuity-of-operations plans are invoked,
the agency that assumes TSC operational functions will have the
authority to administer the Terrorist Screening Records System as
necessary to carry out those functions.
Purpose(s):
a. To implement the U.S. Government's National Strategy for
Homeland Security and Homeland Security Presidential Directive-6, to
identify potential terrorist threats, to uphold and enforce the law,
and to ensure public safety.
b. To consolidate the government's approach to terrorism screening
and provide for the appropriate and lawful use of terrorist information
in screening processes.
c. To maintain current, accurate and thorough terrorist information
in a consolidated terrorist screening database and determine which
terrorism screening processes will use each entry in the database.
d. To ensure that appropriate information possessed by State,
local, territorial, and tribal governments, which is lawfully available
to the Federal Government, is considered in determinations made by the
TSC as to whether a person is a match to a known or suspected
terrorist.
e. To host mechanisms and make terrorism information available to
support appropriate domestic, and foreign terrorism screening
processes, and private-sector screening processes that have a
substantial bearing on homeland security.
f. To provide continual operational support to assist in the
identification of persons screened and to facilitate an appropriate and
lawful response when a known or suspected terrorist is identified in an
authorized screening process.
g. To provide appropriate government officials, agencies, or
organizations with information about encounters with known or suspected
terrorists.
h. To assist persons misidentified during a terrorism screening
process and to assist screening agencies or entities in responding to
individual complaints about the screening process (redress).
i. To oversee the proper use, maintenance, and security of TSC data
systems and TSC personnel.
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, the records or information in this system
may be disclosed as a routine use, under 5 U.S.C. 552a(b)(3), in
accordance with blanket routine uses established for FBI record
systems. See Blanket Routine Uses (BRU) Applicable to More Than One FBI
Privacy Act System of Records, Justice/FBI-BRU, published on June 22,
2001 at 66 FR 33558 and amended on February 14, 2005 at 70 FR 7513. In
addition, as routine uses specific to this system, the TSC may disclose
relevant system records to the following persons or entities and under
the circumstances or for the purposes described below, to the extent
such disclosures are compatible with the purpose for which the
information was collected. (Routine uses are not meant to be mutually
exclusive and may overlap in some cases.)
A. To those federal agencies that have agreed to provide support to
TSC for purposes of ensuring the continuity of TSC operations.
B. To federal, state, local, tribal, territorial, foreign,
multinational or other public agencies or entities, to entities
regulated by any such agency or entity, and to owners/operators of
critical infrastructure or private sector entities with a substantial
bearing on homeland security and their agents, contractors or
representatives, for the following purposes: (1) For use in and in
support of terrorism screening authorized by the U.S. Government, (2)
to provide appropriate notifications of the results of terrorism
screening using information from the Terrorist Screening Database or a
threat related to a positive encounter with an individual identified in
the Terrorist Screening Database, (3) to facilitate any appropriate law
enforcement or other response (e.g., medical and containment response
to a biological hazard) to a known or suspected terrorist or a threat
related to the encounter, and (4) to assist persons misidentified
during a screening process.
C. To any person, organization, or governmental entity in order to
notify them of a serious terrorist threat for the purpose of guarding
against or responding to such a threat.
D. To federal, state, local, tribal, territorial, foreign, or
multinational agencies or entities, or other organizations that are
engaged in, or are planning to engage in terrorism screening authorized
by the U.S. Government, for the purpose of the development, testing, or
modification of information technology systems used or intended to be
used during or in support of the screening process; whenever
practicable, however, TSC, to the extent possible, will substitute
anonymized or de-identified data, such that the identity of the
individual cannot be derived from the data.
E. To federal, state, local, tribal, territorial, foreign,
multinational agencies or entities, or private sector entities to
assist in coordination of terrorist threat awareness, assessment,
analysis or response.
F. To any person or entity in either the public or private sector,
domestic or foreign, where reasonably necessary to elicit information
or cooperation from the recipient for use by the TSC in the performance
of an authorized function, such as obtaining information from data
sources as to the thoroughness, accuracy, currency, or reliability of
the data provided so that the TSC may review the quality and integrity
of its records for quality assurance or redress purposes, and may also
assist persons misidentified during a screening process.
G. To any federal, state, local, tribal, territorial, foreign or
multinational agency, task force, or other entity or person that
receives information from the U.S. Government for terrorism screening
purposes, in order to facilitate TSC's or the recipient's review,
maintenance, and correction of TSC data for quality assurance or
redress purposes, and to assist persons misidentified during a
screening process.
H. To any agency, organization or person for the purposes of (1)
performing authorized security, audit, or oversight operations of the
DOJ, FBI, TSC, or any agency, organization, or person engaged in or
providing information used for terrorism screening that is supported by
the TSC, and (2) meeting related reporting requirements.
I. To a former employee of the TSC or a former contractor
supporting the TSC for purposes of: Responding to an official inquiry
by a federal, state, or local government entity or professional
licensing authority, in accordance with any applicable government
regulations; or facilitating communications with a former employee/
contractor that may be necessary for personnel-related or other
official purposes where the TSC
[[Page 47078]]
requires information and/or consultation assistance from the former
employee/contractor regarding a matter within that person's former area
of responsibility.
J. To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, local, territorial, tribal, multinational or
foreign) where the information is relevant to the recipient entity's
law enforcement responsibilities.
K. To a governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, national security
information, national intelligence, or terrorism information for law
enforcement, intelligence, or counterterrorism purposes.
L. To appropriate agencies, entities, and persons when (1) the
Department of Justice suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department of Justice has determined that as a
result of the suspected or confirmed compromise there is a risk of harm
to economic or property interests, identity theft or fraud, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by the Department or another agency or entity) that
rely upon the compromised information; and (3) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with the Department of Justice's efforts to respond to
the suspected or confirmed compromise and prevent, minimize, or remedy
such harm.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored in paper and/or electronic
format. Electronic storage is on servers, CD[ndash']ROMs, DVD-ROMs, and
magnetic tapes.
Retrievability:
Records in this system are typically retrieved by individual name,
date of birth, passport number, and other identifying data, including
unique identifying numbers assigned by the TSC or other government
agencies.
Safeguards:
All records are maintained in a secure government facility with
access limited to only authorized personnel or authorized and escorted
visitors. Physical security protections include guards and locked
facilities requiring badges and passwords for access. Records are
accessed only by authorized government personnel and contractors and
are protected by appropriate physical and technological safeguards to
prevent unauthorized access. All Federal employees and contractors
assigned to the TSC must hold an appropriate security clearance, sign a
non-disclosure agreement, and undergo privacy and security training.
Retention and disposal:
Records in this system will be retained and disposed of in
accordance with the records schedule approved by the National Archives
and Records Administration. For records maintained in the Terrorist
Screening Database, active records are maintained for 99 years and
inactive (archived) records are maintained for 50 years. Records of
possible encounters with individuals on the Terrorist Screening
Database are maintained for 99 years. Records of redress inquiries and
quality assurance matters are maintained for at least six years. Audit
logs are maintained for 25 years and records of user audits are
maintained for ten years.
System manager(s) and address:
Director, Terrorist Screening Center, Federal Bureau of
Investigation, FBI Headquarters, 935 Pennsylvania Avenue, NW.,
Washington, DC 20535-0001.
Notification procedure:
Because this system contains classified intelligence and law
enforcement information related to the government's counterterrorism,
law enforcement, and intelligence programs, records in this system have
been exempted from notification, access, and amendment to the extent
permitted by subsections (j) and (k) of the Privacy Act.
Requests for notification should be addressed to the FBI at the
address and according to the requirements set forth below under the
heading ``Record Access Procedures.''
Record access procedures:
Because this system contains classified intelligence and law
enforcement information related to the government's counterterrorism,
law enforcement and intelligence programs, records in this system have
been exempted from notification, access, and amendment to the extent
permitted by subsections (j) and (k) of the Privacy Act. A request for
access to a non-exempt record shall be made in writing with the
envelope and the letter clearly marked ``Privacy Act Request.'' Include
in the request your full name and complete address. The requester must
sign the request; and, to verify it, the signature must 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. You may
submit any other identifying data you wish to furnish to assist in
making a proper search of the system. Requests for access to
information must be addressed to the Record Information Dissemination
Section, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW.,
Washington, DC 20535-0001.
Contesting record procedures:
Because this system contains classified intelligence and law
enforcement information related to the government's counterterrorism,
law enforcement and intelligence programs, records in this system are
exempt from notification, access, and amendment to the extent permitted
by subsections (j) and (k) of the Privacy Act (5 U.S.C. 552a). Requests
for amendment should be addressed to the FBI at the address and
according to the requirements set forth above under the heading
``Record Access Procedures.''
If, however, individuals are experiencing repeated delays or
difficulties during a government screening process and believe that
this might be related to terrorist watch list information, they may
contact the Federal agency that is conducting the screening process in
question (``screening agency''). The screening agency is in the best
position to determine if a particular problem relates to a terrorist
watch list entry or is due to some other cause, such as a criminal
history, an immigration violation or random screening. Some individuals
also experience repeated delays during screening because their names
and/or other identifying data, such as dates of birth, are similar to
those of known or suspected terrorists. These individuals, referred to
as ``misidentified persons,'' often believe that they themselves are on
a terrorist watch list, when in fact they only bear a similarity in
name or other identifier to an individual on the list. Most screening
agencies have or are developing procedures to expedite the clearance of
misidentified persons during screening.
By contacting the screening agency with a complaint, individuals
will be able to take advantage of the procedures available to help
misidentified persons and others experiencing screening problems. Check
the agency's
[[Page 47079]]
requirements for submitting complaints but, at a minimum, individuals
should describe in as much detail as possible the problem they are
having, including dates and locations of screening, and provide
sufficient information to identify themselves, such as full name,
citizenship status, and date and place of birth. The TSC assists the
screening agency in resolving any screening complaints that may relate
to terrorist watch list information, but does not receive or respond to
individual complaints directly. However, if TSC receives any such
complaints, TSC will forward them to the appropriate screening agency.
Additional information about the redress process and how to file a
complaint with a screening agency is available on TSC's Web site at
https://www.fbi.gov/terrorinfo/counterrorism/redress.htm.
Record Source Categories
Information in this system is obtained from individuals covered by
the system, public sources, agencies and private sector entities
conducting terrorism screening, law enforcement and intelligence agency
record systems, government databases, and foreign governments.
Exemptions Claimed for the System
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d)(1), (2), (3) and (4), (e)(1), (2), (3), (5) and
(8), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the extent that information in the
system is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553(b), (c) and (e).
[FR Doc. E7-16487 Filed 8-21-07; 8:45 am]
BILLING CODE 4410-02-P
