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Federal Register / Vol. 70, No.

144 / Thursday, July 28, 2005 / Notices 43715

Sec. 2 Penalties: ADDRESSES: Address all comments to and ports of entry, and for civil aviation
On public lands, under section 303(a) Mary E. Cahill, Management Analyst, security purposes. The TSDB is
of the Federal Land Policy and Management and Planning Staff, Justice included in the new TSRS.
Management Act of 1976 (43 U.S.C. Management Division, Department of Other records in the TSRS include
1733(a)) and 43 CFR 8360.0–7 any Justice, Washington, DC 20530 (Room those that document the operational
person who violates any of these 1400, National Place Building). support TSC provides to agencies that
supplementary rules within the FOR FURTHER INFORMATION CONTACT: screen for terrorists (‘‘screening
boundaries established in the rules may Mary E. Cahill, (202) 307–1823. agencies’’) and its internal quality
be tried before a United States SUPPLEMENTARY INFORMATION: On
assurance process to ensure the terrorist
Magistrate and fined no more than September 16, 2003, President George data is thorough, accurate and current.
$1,000 or imprisoned for no more than W. Bush issued Homeland Security On a 24-hour basis, the TSC assists
12 months, or both. Such violations may Presidential Directive-6 (HSPD–6), state, local and federal agencies in
also be subject to the enhanced fines determining if an individual they have
which directed the establishment of an
provided for by 18 U.S.C. 3571. encountered is a positive identity match
organization that would consolidate the
On public lands fitting the criteria in to a known or suspected terrorist. TSC
government’s approach to terrorism
the Sikes Act (16 U.S.C. 670), under also facilitates an appropriate and
screening and provide for the
section 303(a) of the Federal Land coordinated law enforcement response
appropriate and lawful use of terrorist
Policy and Management Act of 1976, 43 or other appropriate response (e.g.,
information in screening processes. As a
U.S.C. 1733(a) and 16 U.S.C. 670j(a)(2), medical and containment response to a
result, the Director of Central
any person who violates any of these biological hazard) to positive terrorist
Intelligence, Secretaries of State and
supplementary rules on public lands encounters. TSC uses information from
Homeland Security, and the Attorney
within the boundaries established in the other government databases, some of
General signed a memorandum of which are classified, to facilitate the
rules may be tried before a United States understanding creating the TSC and
Magistrate and fined no more than identity match process and incorporates
placing it within the FBI, U.S. that information into TSC records as
$500.00 or imprisoned for no more than Department of Justice (DOJ). The
six months, or both. Such violations appropriate.
Secretaries of the Treasury and Defense The TSC also maintains records
may also be subject to the enhanced signed an addendum to the
fines provided for by 18 U.S.C. 3571. related to the resolution of terrorist
memorandum to join the partnership watchlist-related complaints or
Elaine M. Brong, supporting the TSC. The TSC became inquiries. The TSC plans to include a
State Director, Oregon State Office, Bureau operational on December 1, 2003 and is misidentified persons list, which is
of Land Management. charged with consolidating and intended to help clear individuals who
[FR Doc. 05–14941 Filed 7–27–05; 8:45 am] maintaining the U.S. government’s have been repeatedly misidentified as
terrorist watch list. In fulfilling its matches to the TSDB during screening.
mission, the TSC collects and maintains Misidentified persons are not in the
records about individuals, described TSDB, but simply bear a close enough
below, that are subject to the similarity in their name or other
DEPARTMENT OF JUSTICE requirements of the Privacy Act. These identifier to someone who is in the
records were previously covered by the TSDB, such that the screening process
Federal Bureau of Investigation FBI Central Records System (Justice/ cannot readily differentiate them. The
[AAG/A Order No. 005–2005] FBI–002) and upon the effective date of remedy for misidentified persons is
this notice they will be part of the therefore not removal from the TSDB,
Privacy Act of 1974; System of Terrorist Screening Records System because they are not in fact in it, but a
Records (TSRS), Justice/FBI–019. mechanism to permit the screening
Prior to HSPD–6, information about agency to readily identify them as
AGENCY: Federal Bureau of known or suspected terrorists was persons who have been repeatedly
Investigation, DOJ. dispersed throughout the U.S. confused with a known or suspected
ACTION: Notice to establish system of Government and no one agency was terrorist in the past. When operational,
records. charged with consolidating it and this list would be used by the TSC and
making it available for use in terrorist each screening agency that uses the
SUMMARY: The Federal Bureau of
screening. In March 2004, the TSC TSC, to help distinguish misidentified
Investigation (FBI) proposes to add a consolidated the government’s terrorist persons during the screening process.
system of records to its inventory of watchlist information into a sensitive- This would consolidate and improve the
record systems subject to the Privacy but-unclassified database, known as the current redress processes for
Act of 1974 (5 U.S.C. 552a), as amended. Terrorist Screening Database (TSDB), misidentified persons, which vary from
The FBI is establishing a new system of containing only identifying information agency to agency and usually only
records to cover records maintained by about known or suspected terrorists. As provide relief with respect to one
the Terrorist Screening Center (TSC). required by HSPD–6, the TSDB contains agency’s screening programs, but not
These records were previously covered ‘‘information about individuals known those run by other agencies. The
by the FBI Central Records System or appropriately suspected to be or have ultimate goal of a consolidated
(Justice/FBI–002), last published in full been engaged in conduct constituting, in misidentified persons list would be to
text on February 20, 1998 (63 FR 8671) preparation for, in aid of, or related to drastically reduce, and ultimately
and amended in part on March 29, 2001 terrorism.’’ Information from the TSDB eliminate altogether, the delay and
(66 FR 17200). Public comments are is now used to screen for terrorists in a inconvenience that misidentified
invited. variety of contexts, including during persons have experienced as a result of
DATES: This action will be effective on law enforcement encounters, the terrorist screening.
September 6, 2005, unless comments are adjudication of applications for U.S. Because TSRS contains information
received that would result in a contrary visas or other immigration and about known or suspected terrorists that
determination. citizenship benefits, at U.S. land borders is derived from law enforcement and

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43716 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Notices

intelligence sources, the Attorney terrorist encounters only, other agencies f. To provide continual operational
General is proposing to exempt this notified and details of any law support to assist in the identification of
system from certain portions of the enforcement or other operational persons screened and to facilitate an
Privacy Act, as permitted by law, to response; appropriate and lawful response when a
protect classified and sensitive c. For known or suspected terrorists, known or suspected terrorist is
information contained in this system in addition to the categories of records identified in an agency’s screening
and to prevent the compromise of listed above, references to and/or process.
ongoing counterterrorism investigations, information from other government law g. To provide appropriate government
sources and methods. As required by enforcement and intelligence databases; officials and agencies with information
the Privacy Act, a proposed rule is being d. For misidentified persons, in about encounters with known or
published concurrently with this notice addition to the categories of records suspected terrorists.
to seek public comment on the proposal listed above, additional identifying h. To assist persons repeatedly
to exempt this system. information that will be used during misidentified during a terrorist
In accordance with 5 U.S.C. 552a(r), screening only for the purpose of screening process and to assist agencies
the Department of Justice has provided distinguishing them from a known or in responding to individual complaints
a report of this new system of records suspected terrorist who has similar about the screening process (redress).
to the Office of Management and Budget identifying characteristics (such as
and to Congress. name, date of birth, etc.); and SYSTEM, INCLUDING CATEGORIES OF USERS AND
Dated: July 22, 2005. e. For redress inquiries, in addition to THE PURPOSES OF SUCH USES:
the categories of records listed above,
Paul R. Corts, The TSC may disclose relevant system
information provided by individuals or
Assistant Attorney General for records in accordance with any current
their representatives, information
Administration. and future blanket routine uses
provided by the screening agency, and
established for FBI record systems. See
JUSTICE/FBI–019 internal work papers and other
Blanket Routine Uses (BRU) Applicable
documents related to researching and
SYSTEM NAME: to More Than One FBI Privacy Act
resolving the inquiry.
Terrorist Screening Records System. System of Records, Justice/FBI–BRU,
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: published on June 22, 2001 at 66 FR
SECURITY CLASSIFICATION: 33558 and amended on February 14,
Homeland Security Presidential
Classified, unclassified (law Directive-6, ‘‘Integration and Use of 2005 at 70 FR 7513. In addition, as
enforcement sensitive). Screening Information to Protect routine uses specific to this system, the
Against Terrorism’’ (Sept. 16, 2003); TSC may disclose relevant system
E.O. 13356, ‘‘Strengthening the Sharing records to the following persons or
Terrorist Screening Center, Federal entities and under the circumstances or
of Terrorism Information to Protect
Bureau of Investigation, Washington, for the purposes described below, to the
Americans’’ (Aug. 27, 2004); 28 U.S.C.
DC. extent such disclosures are compatible
CATEGORIES OF INDIVIDUALS COVERED BY THE with the purpose for which the
PURPOSE(S): information was collected. (Routine
a. Individuals known or appropriately a. To implement the U.S. uses are not meant to be mutually
suspected to be or have been engaged in Government’s National Strategy for exclusive and may overlap in some
conduct constituting, in preparation for, Homeland Security and Homeland cases.)
in aid of, or related to terrorism Security Presidential Directive-6, to A. To those Federal agencies that have
(‘‘known or suspected terrorists’’); identify potential terrorist threats, to agreed to provide support to TSC for
b. Individuals identified during a uphold and enforce the law, and to purposes of ensuring the continuity of
terrorist screening process as a possible ensure public safety. TSC operations.
identity match to a known or suspected b. To consolidate the government’s B. To Federal, State, local, tribal,
terrorist; approach to terrorism screening and territorial, foreign, multinational or
c. Individuals who are repeatedly provide for the appropriate and lawful other public agencies or entities, to
misidentified as a possible identity use of terrorist information in screening entities regulated by any such agency or
match to a known or suspected terrorist processes. entity, and to owners/operators of
(‘‘misidentified persons’’); and c. To maintain current, accurate and critical infrastructure and their agents,
d. Individuals about whom a terrorist thorough terrorist information in a contractors or representatives, for the
watchlist-related redress inquiry has consolidated terrorist screening following purposes: (1) For use in and
been made. database and determine which agencies’ in support of terrorist screening
terrorist screening processes will use authorized by the U.S. Government, (2)
CATEGORIES OF RECORDS IN THE SYSTEM: each entry in the database. to provide appropriate notifications of a
a. Identifying information, such as d. To ensure that appropriate positive terrorist encounter or a threat
name, date of birth, place of birth, information possessed by state, local, related to the encounter, (3) to facilitate
biometrics, passport and/or drivers territorial, and tribal governments, any appropriate law enforcement or
license information, and other available which is lawfully available to the other response (e.g., medical and
identifying particulars used to compare Federal Government, is considered in containment response to a biological
the identity of an individual being determinations made by the TSC as to hazard) to a terrorist encounter or a
screened with a known or suspected whether a person is a match to a known threat related to the encounter, and (4)
terrorist; or suspected terrorist. to assist persons repeatedly
b. Information about encounters with e. To host mechanisms and make misidentified during a screening
individuals covered by this system, terrorist information available to process.
such as date, location, screening agency, support appropriate domestic, foreign, C. To any individual, organization, or
analysis, and results (positive or and private sector terrorist screening governmental entity in order to notify
negative identity match), and, for processes. them of a serious terrorist threat for the

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Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Notices 43717

purpose of guarding against or necessary for personnel-related or other Headquarters, 935 Pennsylvania
responding to such a threat. official purposes where the TSC Avenue, NW., Washington, DC 20535–
D. To Federal, State, local, tribal, requires information and/or 0001.
territorial, foreign, or multinational consultation assistance from the former
agencies or entities, or other NOTIFICATION PROCEDURE:
employee/contractor regarding a matter
organizations that are engaged in, or are within that person’s former area of Because this system contains
planning to engage in terrorist screening responsibility. classified and law enforcement
authorized by the U.S. Government, for J. To any criminal, civil, or regulatory information related to the government’s
the purpose of the development, testing, law enforcement authority (whether counterterrorism, law enforcement and
or modification of information federal, state, local, territorial, tribal, intelligence programs, records in this
technology systems used or intended to multinational or foreign) where the system have been exempted from
be used during or in support of the information is relevant to the recipient notification, access, and amendment to
screening process; whenever possible, entity’s law enforcement the extent permitted by subsections (j)
however, TSC will substitute de- responsibilities. and (k) of the Privacy Act. Requests for
identified data. K. To a governmental entity lawfully notification should be addressed to the
E. To Federal, State, local, tribal, engaged in collecting law enforcement, FBI at the address and according to the
territorial, foreign, or multinational law enforcement intelligence, or requirements set forth below under the
agencies or entities to assist in national security intelligence heading ‘‘Record Access Procedures.’’
coordination of terrorist threat information for law enforcement or
awareness, assessment, analysis or intelligence purposes.
response. Because this system contains
DISCLOSURE TO CONSUMER REPORTING classified and law enforcement
F. To any person or entity in either
the public or private sector, domestic or information related to the government’s
foreign, where reasonably necessary to None. counterterrorism, law enforcement and
elicit information or cooperation from POLICIES AND PRACTICES FOR STORING, intelligence programs, records in this
the recipient for use by the TSC in the RETRIEVING, ACCESSING, RETAINING, AND system have been exempted from
performance of an authorized function, DISPOSING OF RECORDS IN THE SYSTEM: notification, access, and amendment to
such as obtaining information from data STORAGE: the extent permitted by subsections (j)
sources as to the thoroughness, Records in this system are stored in and (k) of the Privacy Act. A request for
accuracy, currency, or reliability of the paper and/or electronic format. access to a non-exempt record shall be
data provided so that the TSC may Electronic storage is on servers, CD- made in writing with the envelope and
review the quality and integrity of its ROMs, DVD-ROMs, and magnetic tapes. the letter clearly marked ‘‘Privacy Act
records for quality assurance or redress Request.’’ Include in the request your
purposes, and may also assist persons RETRIEVABILITY: full name and complete address. The
repeatedly misidentified during a Records in this system are typically requester must sign the request; and, to
screening process. retrieved by individual name, date of verify it, the signature must be notarized
G. To any federal, state, local, tribal, birth, passport number, and other or submitted under 28 U.S.C. 1746, a
territorial, foreign or multinational identifying data, including unique law that permits statements to be made
agency, task force, or other entity or identifying numbers assigned by the under penalty of perjury as a substitute
individual that receives information TSC or other government agencies. for notarization. You may submit any
from the U.S. Government for terrorist other identifying data you wish to
screening purposes, in order to facilitate furnish to assist in making a proper
TSC’s or the recipient’s review, All records are maintained in a secure search of the system. Requests for access
maintenance, and correction of TSC government facility with access limited to information must be addressed to the
data for quality assurance or redress to only authorized personnel or Record Information Dissemination
purposes, and to assist persons authorized and escorted visitors. Section, Federal Bureau of Investigation,
repeatedly misidentified during a Physical security protections include 935 Pennsylvania Avenue, NW.,
screening process. guards and locked facilities requiring Washington, DC 20535–0001.
H. To any agency, organization or badges and passwords for access.
individual for the purposes of Records are accessed only by authorized CONTESTING RECORD PROCEDURES:
performing authorized audit or government personnel and contractors Because this system contains
oversight operations of the DOJ, FBI, and are protected by appropriate classified and law enforcement
TSC, or any agency engaged in or physical and technological safeguards to information related to the government’s
providing information used for terrorist prevent unauthorized access. All federal counterterrorism, law enforcement and
screening that is supported by the TSC, employees and contractors assigned to intelligence programs, records in this
and meeting related reporting the TSC must hold an appropriate system are exempt from notification,
requirements. security clearance, sign a non-disclosure access, and amendment to the extent
I. To a former employee of the TSC agreement, and undergo privacy and permitted by subsections (j) and (k) of
(including those detailed or assigned to security training. the Privacy Act. Requests for
the TSC from another government RETENTION AND DISPOSAL: amendment should be addressed to the
agency) or a former contractor Records in this system will be FBI at the address and according to the
supporting the TSC for purposes of: retained and disposed of in accordance requirements set forth above under the
responding to an official inquiry by a with a records schedule to be approved heading ‘‘Record Access Procedures.’’
federal, state, or local government entity by the National Archives and Records If, however, individuals are
or professional licensing authority, in Administration. experiencing repeated delays or
accordance with any applicable difficulties during a government
government regulations; or facilitating SYSTEM MANAGER(S) AND ADDRESS: screening process and believe that this
communications with a former Director, Terrorist Screening Center, might be related to terrorist watch list
employee/contractor that may be Federal Bureau of Investigation, FBI information, they may contact the

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43718 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Notices

Federal agency that is conducting the requirements of 5 U.S.C. 553(b), (c) and information in accordance with the
screening process in question (e). Paperwork Reduction Act of 1995
(‘‘screening agency’’). The screening [FR Doc. 05–14849 Filed 7–27–05; 8:45 am]
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
agency is in the best position to program helps to ensure that requested
determine if a particular problem relates data can be provided in the desired
to a terrorist watch list entry or is due format, reporting burden (time and
to some other cause, such as a criminal DEPARTMENT OF JUSTICE financial resources) is minimized,
history, an immigration violation or collection instruments are clearly
random screening. Some individuals Parole Commission understood, and the impact of collection
also experience repeated delays during requirements on respondents can be
screening because their names and/or Sunshine Act; Record of Vote of properly assessed. Currently, the
other identifying data, such as dates of Meeting Closure (Public Law 94–409) Employment Standards Administration
birth, are similar to those of known or (5 U.S.C. 552b) is soliciting comments concerning the
suspected terrorists. These individuals, proposed collection: Notice of
I, Edward F. Reilly, Jr., Chairman of
referred to as ‘‘misidentified persons,’’ Controversion of Right to Compensation
the United States Parole Commission,
often believe that they themselves are (LS–207). A copy of the proposed
was present at a meeting of said
on a terrorist watch list, when in fact information collection request can be
Commission, which started at
they only bear a similarity in name or obtained by contacting the office listed
approximately 3 p.m. on Monday, July
other identifier to an individual on the below in the addresses section of this
18, 2005, at the U.S. Parole Commission,
list. Most screening agencies have or are Notice.
5550 Friendship Boulevard, 4th Floor,
developing procedures to expedite the
Chevy Chase, Maryland 20815. The DATES: Written comments must be
clearance of misidentified persons
purpose of the meeting was to discuss submitted to the office listed in the
during screening.
the procedure to be followed for review addresses section below on or before
By contacting the screening agency of one case upon request of the Attorney September 26, 2005.
with a complaint, individuals will be General as provided in 18 U.S.C. ADDRESSES: Ms. Hazel M. Bell, U.S.
able to take advantage of the procedures 4215(c). Department of Labor, 200 Constitution
available to help misidentified persons Public announcement further Ave., NW., Room S–3201, Washington,
and others experiencing screening describing the subject matter of the DC 20210, telephone (202) 693–0418,
problems. Check the agency’s meeting and certifications of General fax (202) 693–1451, e-mail
requirements for submitting complaints Counsel that this meeting may be closed Please use only one
but, at a minimum, individuals should by vote of the Commissioners present method of transmission for comments
describe in as much detail as possible were submitted to the Commissioners (mail, fax, or e-mail).
the problem they are having, including prior to the conduct of any other
dates and locations of screening, and business. Upon motion duly made, SUPPLEMENTARY INFORMATION:
provide sufficient information to seconded, and carried, the following I. Background: The Division of
identify themselves, such as full name, Commissioners voted that the meeting Longshore and Harbor Workers’
citizenship status, and date and place of be closed: Edward F. Reilly, Jr., Compensation administers the
birth. The TSC assists the screening Cranston J. Mitchell, Deborah A. Longshore and Harbor Worker’s
agency in resolving any screening Spagnoli, Isaac Fulwood, Jr., and Compensation Act. This Act provides
complaints that may relate to terrorist Patricia Cushwa. benefits to workers injured in maritime
watch list information, but does not In witness whereof, I make this official employment on the navigable waters of
receive or respond to individual record of the vote taken to close this the United States or in an adjoining area
complaints directly. However, if TSC meeting and authorize this record to be customarily used by an employer in
receives any such complaints, TSC will made available to the public. loading, unloading, repairing or
forward them to the appropriate building a vessel. In addition, several
Dated: July 19, 2005.
screening agency. acts extend Longshore Act coverage to
Edward F. Reilly, Jr.,
certain other employees. Pursuant to
Chairman, U.S. Parole Commission. sections 914(d) of the Act, and 20 CFR
[FR Doc. 05–15004 Filed 7–26–05; 8:45 am] 702.251, if an employer controverts the
Information in this system is obtained BILLING CODE 4410–01–M right to compensation he/she shall file
from individuals covered by the system, with the district director in the affected
public sources, agencies conducting compensation district on or before the
terrorist screening, law enforcement and DEPARTMENT OF LABOR fourteenth day after he/she has
intelligence agency record systems, knowledge of the alleged injury or
government databases, and foreign Employment Standards Administration death, a notice, in accordance with a
governments. form prescribed by the Secretary, stating
Proposed Collection; Comment that the right to compensation is
EXEMPTIONS CLAIMED FOR THE SYSTEM: Request controverted. Form LS–207 is used for
The Attorney General has exempted ACTION: Notice. this purpose. Form LS–207 is used by
this system from subsections (c)(3) and insurance carriers and self-insured
(4), (d)(1), (2), (3) and (4), (e)(1), (2), (3), SUMMARY: The Department of Labor, as employers to controvert claims under
(5) and (8), and (g) of the Privacy Act part of its continuing effort to reduce the Longshore Act and extensions. The
pursuant to 5 U.S.C. 552a(j) and (k). paperwork and respondent burden, information is used by OWCP district
These exemptions apply only to the conducts a preclearance consultation offices to determine the basis for not
extent that information in the system is program to provide the general public paying benefits in a case. This
subject to exemption pursuant to 5 and Federal agencies with an information collection is currently
U.S.C. 552a(j) and (k). Rules have been opportunity to comment on proposed approved for use through March 31,
promulgated in accordance with the and/or continuing collections of 2006.

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