Privacy Act of 1974; System of Records, 77846-77850 [2011-32074]

Agencies

• Department of Justice

[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77846-77850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32074]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 004-2011]


Privacy Act of 1974; System of Records

AGENCY: Federal Bureau of Investigation, Department of Justice.

ACTION: Notice to amend system of records.

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SUMMARY: The Federal Bureau of Investigation proposes to amend its 
Terrorist Screening Records System, JUSTICE/FBI-019, maintained by the 
Terrorist Screening Center, to add two new categories of individuals 
and their associated records, to add a new routine use and make 
modifications to existing routine uses, and to make several 
administrative modifications and updates throughout the notice. Public 
comment is invited.

DATES: In accordance with 5 USC 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment Therefore, please submit any 
comments by January 13, 2012.

ADDRESSES: The public, Office of Management and Budget (OMB), and 
Congress are invited to submit any comments to the Department of 
Justice, Attn: Privacy Analyst, Office of Privacy and Civil Liberties, 
National Place Building, 1331 Pennsylvania Avenue NW., Suite 1000, 
Washington, DC 20530-0001, or by facsimile to (202) 307-0693.

[[Page 77847]]


FOR FURTHER INFORMATION CONTACT: Meghann Van Horne, TSC Privacy 
Officer, Federal Bureau of Investigation, 935 Pennsylvania Avenue NW., 
Washington, DC 20535-0001.

SUPPLEMENTARY INFORMATION: JUSTICE/FBI-019, last published in full at 
72 FR 47073 (Aug. 22, 2007), describes the Terrorist Screening Records 
System maintained by the Federal Bureau of Investigation (FBI) at the 
Terrorist Screening Center (TSC) and at facilities operated by other 
government entities. These records are used in screening operations to 
ensure the security of the United States. The FBI now proposes to add 
two new categories of individuals to the system whose records will be 
useful in screening operations: Relatives, associates, or others 
closely connected with known or suspected terrorists who are excludable 
from the United States based on these relationships by virtue of 
Section 212(a)(3)(B) of the Immigration and Nationality Act, as 
amended, and individuals who were officially detained during military 
operations, but not as enemy prisoners of war, and who have been 
identified as possibly posing a threat to national security. This 
latter category of individuals is commonly referred to as Military 
Detainees. Excludable individuals under the first category may be 
lawful permanent residents of the United States. Individuals in the 
second category are unlikely to be lawful permanent residents of the 
United States and even less likely to be U.S. citizens. Nevertheless, 
out of an abundance of caution and because potentially the status of a 
military detainee may change over time, the FBI is including military 
detainee records in its Terrorist Screening Records Systems. In 
addition to adding the two new categories of individuals, the FBI is 
also adding a routine use, which will enable the FBI to share 
information about individuals who are excludable from the United States 
by virtue of Section 212(a)(3)(B) of the Immigration and Nationality 
Act with the Department of State and the Department of Homeland 
Security for the purposes of carrying out the provisions of this Act. 
The FBI is making pertinent revisions in other parts of the system 
notice to reflect the addition of these categories of individuals. 
Additional modifications to Justice/FBI-019 include: Updates to the 
system location, record access procedures, and procedures for 
contesting records; clarifications to existing categories of records in 
the system; updates to the authorities section to reflect new 
authorities; and additions or changes to more accurately describe the 
system's purpose and routine uses. The FBI is republishing the entire 
system of records notice for ease of reference to these changes.
    In accordance with 5 U.S.C. 552a(r), the Department of Justice has 
provided a report to OMB and the Congress on the modification of this 
system of records.

    Dated: November 23, 2011.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/FBI-019

SYSTEM NAME:
    Terrorist Screening Records System (TSRS).

SECURITY CLASSIFICATION:
    Classified and unclassified.

SYSTEM LOCATION:
    Records described in this notice are maintained at the Terrorist 
Screening Center, Federal Bureau of Investigation, Washington, DC, and 
at facilities operated by other government entities for terrorism and 
national security threat 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 lawful permanent resident aliens but who 
are excludable from the United States based on their familial 
relationship, association, or connection with a known or suspected 
terrorist and who do not meet any of the applicable exceptions as 
described in Section 212(a)(3)(B) of the Immigration and Nationality 
Act of 1952 (hereinafter INA exceptions);
    c. Individuals who were officially detained during military 
operations, but as not Enemy Prisoners of War, and who have been 
identified to pose an actual or possible threat to national security 
(hereinafter military detainees);
    d. Individuals who are the subject of queries against TSC 
information systems;
    e. 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;
    f. Individuals who are misidentified as a possible identity match 
to a known or suspected terrorist (``misidentified persons'');
    g. Individuals about whom a terrorist watchlist-related redress 
inquiry has been made; and
    h. 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 biographical information, such as name, date of 
birth, place of birth, passport and/or drivers license information, 
biometric information, such as photographs and fingerprints, and other 
available identifying particulars used to compare the identity of an 
individual being screened, with a known or suspected terrorist, an INA 
exception, or a military detainee, 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 a known or suspected terrorist, INA exceptions, and 
military detainees only, other entities notified and details of any law 
enforcement, intelligence, or other operational response;
    c. For a known or suspected terrorist, military detainee, or an INA 
exception, 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 an individual considered to pose an actual or possible 
threat to national security, 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 information related to possible threats to national 
security;
    e. For misidentified persons, in addition to the categories of 
records listed above, other identifying information that will be used 
during screening only for the purpose of distinguishing them from a 
known or suspected terrorist, an INA exception, or a military detainee, 
any of whom may have similar identifying characteristics (such as name 
and date of birth);
    f. 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

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documents related to researching and resolving the matter;
    g. 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,
    h. Archived records and record histories from the Terrorist 
Screening Database, Encounter Management Application, and other TSC 
data systems that are part of the TSRS.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Homeland Security Presidential Directive-6, ``Integration and Use 
of Screening Information to Protect Against Terrorism'' (Sept. 16, 
2003); Homeland Security Presidential Directive-11, ``Comprehensive 
Terrorist-Related Screening Procedures'' (Aug. 27, 2004); National 
Security Presidential Directive-59/Homeland Security Presidential 
Directive-24, ``Biometrics for Identification and Screening to Enhance 
National Security'' (June 5, 2008), (HSPD-24 gives the Attorney General 
authority to recommend categories of individuals in addition to known 
or suspected terrorists who may pose a threat to national security.); 
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; 28 U.S.C. 533; and 
Section 212(a)(3)(B) of the Immigration and Nationality Act of 1952. 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 and 
national security screening and provide for the appropriate and lawful 
use of terrorist information and other lawfully acquired information in 
screening processes.
    c. To implement the U.S. Government's Action Plan for National 
Security Presidential Directive-59/Homeland Security Presidential 
Directive-24, ``Biometrics for Identification and Screening to Enhance 
National Security,'' to identify individuals considered to pose an 
actual or possible threat to national security.
    d. To maintain current, accurate and thorough terrorist information 
and other lawfully acquired information in a consolidated terrorist 
screening database and determine which screening processes will use 
each entry in the database.
    e. 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, or a match to an individual considered to pose an actual or 
possible threat to national security.
    f. To host mechanisms and make terrorism information, and 
information related to individuals considered to pose an actual or 
possible threat to national security, available to support appropriate 
domestic and foreign terrorism and national security screening 
processes, and private-sector screening processes that have a 
substantial bearing on homeland security.
    g. To provide operational support to assist in the identification 
of persons screened and to facilitate an appropriate and lawful 
response when a known or suspected terrorist, or individual considered 
to pose an actual or possible threat to national security, is 
identified in an authorized screening process.
    h. To provide appropriate government officials, agencies, or 
organizations with
    information about encounters with known or suspected terrorists or 
military detainees, INA exceptions or other individuals considered to 
pose an actual or possible threat to national security.
    i. To assist persons misidentified during a terrorism screening 
process, or possible national security threat screening process, and to 
assist screening agencies or entities in responding to individual 
complaints about the screening process (redress).
    j. 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 USERSAND 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 at 66 FR 
33558 (June 22, 2001) and amended at 70 FR 7513 (February 14, 2005). 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.
    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 national or homeland security and their agents, contractors 
or representatives, for the following purposes: (1) For use in and in 
support of terrorism screening, or possible national security threat 
screening, authorized by the U.S. Government, (2) to provide 
appropriate notifications of the results of terrorism screening, or 
possible national security threat 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, an individual considered to 
pose an actual or possible threat to national security, or a threat 
related to an encounter with such an individual, 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 terrorist threat, or possible national security 
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, or 
possible national security threat 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

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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, or possible national 
security 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, or possible national security threat 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, or possible 
national security threat screening, that is supported by the TSC, and 
(2) meeting related reporting requirements.
    I. To a former employee of 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 
Department regulations; or facilitating communications with a former 
employee that may be necessary for personnel-related or other official 
purposes where the TSC requires information and/or consultation 
assistance from the former employee 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, homeland security information, national intelligence, 
possible national security threat information, or terrorism information 
for law enforcement, intelligence, national security, homeland 
security, 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.
    M. To the United States Department of State and the United States 
Department of Homeland Security for the purpose of carrying out their 
responsibilities under Section 212(a)(3)(B) of the Immigration and 
Nationality Act of 1952.

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.

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. In general, 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

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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, 170 Marcel Drive, Winchester, Virginia 22602 or faxed to 
(540) 868-4992.

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 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/about-us/nsb/tsc/tsc_redress.

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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    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) and are located at 28 CFR 16.96.

[FR Doc. 2011-32074 Filed 12-13-11; 8:45 am]
BILLING CODE 4410-02-P