Partnership

1. Partnership For Success!

2. January 2009

3. Background 9/11 after-action reports called for the US government to “Consolidate” the screening process. Before this time, approximately 12 different government agencies had some type of “terrorist watch list” As a result, the Terrorist Screening Center was established by Homeland Security Presidential Directive 6, on September 16, 2003.

4. Homeland Security Presidential Directive-6/MOU Consolidated Approach The Attorney General shall establish an organization [TSC] to consolidate the Government's approach to terrorism screening ,create a consolidated data base of terrorist names and identifiers], and provide for the appropriate and lawful use of Terrorist Information in screening processes. International Sharing of Terrorist Identity Information The Terrorist Screening Center and the Department of State shall enhance cooperation with our international partners and establish appropriate access to terrorist screening information, beginning with the Visa Waiver Program countries. Civil Liberty Protection The Attorney General, in coordination with the Secretary of State, the Secretary of Homeland Security, and the Director of Central Intelligence shall implement appropriate procedures and safeguards with respect to all such information about United States persons. “consolidate the Government's approach to terrorism screening” “enhance cooperation with our international partners and establish appropriate access to terrorist screening information” Two Feeds of Information The heads of executive departments and agencies shall, to the extent permitted by law, provide to the National Counter Terrorism Center (NCTC) on an ongoing basis all appropriate International Terrorist Information in their possession, custody, or control. (Domestic terrorist information will be supplied to the FBI) “provide to the National Counter Terrorism Center (NCTC) on an ongoing basis all appropriate International Terrorist Information in their possession, custody, or control” (Domestic terrorist information will be supplied to the FBI) “shall implement appropriate procedures and safeguards with respect to all such information about United States persons”

5. Establishment On December 1, 2003, the TSC became operational. On March 12, 2004, all the U.S. Government watch lists were consolidated into one “Terrorist Screening Data Base.” This is commonly referred to as the “Watch List”. The TSC, with a staff of over 370, provides 24/7, 365 coverage for our law enforcement & intelligence community customers.

6. TSC MISSION • Consolidate and Coordinate the government’s approach to terrorism; • Screen and facilitate information sharing to protect the Nation and our foreign partners; • Safeguarding civil liberties.

7. Terrorist Screening Center’s Primary Partners: • Federal Bureau of Investigation – DT/IT Investigations JTTFs (Threat Assessments) and LEGATS. • Department of State - all Embassies and Consulates around the world. • Department of Homeland Security - all ports of entry for the United States. • Transportation Security Administration / No Fly and Selectee Lists. • Federal, State, Local, Tribal & Territorial Law Enforcement - YOU! Interaction is 24/7/365 with the above entities

8. U.S. Government Integrated Terrorist Nominations Process

9. Government Benefits LawEnforcement Airlines TSDB Special Events Visas Port Workers Passports Hazmat

10. Four Tier Approach Ziad Jarrah Identify Them Overseas INTERNATIONAL PARTNERS Stop Them Before They Get To U.S. DEPARTMENT OF STATE Stop Them At Our Borders DEPARTMENT OF HOMELAND SECURITY Encounter Them In the U.S. FED/STATE/LOCAL LAW ENFORCEMENT and DHS PRIVATE SECTOR SCREENING KEY ELEMENTS: Information, Communication, Coordination, And De-confliction ACHIEVABLE GOAL: Everybody Screening For Terrorism Has The Same Data And Can Make The Best Decisions Possible

11. N C I C Federal, State, Local, Tribal & Territorial Data Base National Crime Information Center • Unclassified system • Violent Gangs and Terrorist Organization File Data Subset (VGTOF) Now = Known Suspected Terrorist File (KST) • Federal, State, Local, Tribal & Territorial access • Requires : Subjects Full Name plus one or more numerical identifiers, ie Full DOB, Social Security number, passport number etc. Encounter them in the U.S.

12. Encounter Categories • ALERT! • - NEVER INDICATE, MENTION OR TELL THE INDIVIDUAL THEY ARE ON A TERRORIST WATCH LIST! • - WHEN COMPLETING ANY DOCUMENTATION REGARDING AN ENCOUNTER, NEVER INDICATE ON ANY REPORTING DOCUMENTS THAT THE INDIVIDUAL WAS ON A TERRORIST WATCH LIST! • ALWAYS CALL THE TSC! Category 1 • ARREST WARRANT ON FILE • DETAIN AND/OR ARREST ACCORDING TO AGENCY POLICIES AND PROBABLE CAUSE-CALL THE TSC Category 2 • DETAINER ON FILE • DETAIN AND/OR ARREST ACCORDING TO AGENCY POLICIES AND PROBABLE CAUSE-CALL THE TSC Category 3 • SUBJECT ASSOCIATED WITH TERRORISM • DETAIN FOR INVESTIGATIVE PURPOSES – Do not extend detainment! -CALL THE TSC

13. NCIC Sample Message CATEGORY 3 ***LAW ENFORCEMENT SENSITIVE INFORMATION*** DO NOT ADVISE THIS INDIVIDUAL THAT THEY MAY BE ON A TERRORIST WATCHLIST. CONTACT THE TERRORIST SCREENING CENTER (TSC) AT (866) 872-9001 DURING THIS ENCOUNTER. IF THIS WOULD EXTEND THE SCOPE OR DURATION OF THE ENCOUNTER, CONTACT THE TSC IMMEDIATELY THEREAFTER. IF YOU ARE A BORDER PATROL OFFICER IMMEDIATELY CALL THE NTC. ATTEMPT TO OBTAIN SUFFICIENT IDENTIFYING INFORMATION DURING THE ENCOUNTER, WITHOUT OTHERWISE EXTENDING THE SCOPE OR DURATION OF THE ENCOUNTER, TO ASSIST THE TSC IN DETERMINING WHETHER OR NOT THE NAME OR IDENTIFIER(S) YOU QUERIED BELONG TO AN INDIVIDUAL IDENTIFIED AS HAVING POSSIBLE TIES WITH TERRORISM. DO NOT DETAIN OR ARREST THIS INDIVIDUAL UNLESS THERE IS EVIDENCE OF A VIOLATION OF FEDERAL, STATE OR LOCAL STATUTES. UNAUTHORIZED DISCLOSURE IS PROHIBITED. INFORMATION THAT THIS INDIVIDUAL MAY BE ON A TERRORIST WATCHLIST IS THE PROPERTY OF THE TSC AND IS A FEDERAL RECORD PROVIDED TO YOUR AGENCY ONLY FOR INTELLIGENCE AND LEAD PURPOSES. THIS RECORD, AND ANY INFORMATION CONTAINED WITHIN IT, MAY NOT BE DISCLOSED OR USED IN ANY PROCEEDING WITHOUT THE ADVANCE AUTHORIZATION OF THE TSC. Look for this Code MKE/POSSIBLE TERRORIST ORGANIZATION MEMBER – CAUTION ORI/DCTSC0100 NAM/INTTERR,CATEGORY THREE SEX/MRAC/U POB/AF DOB/19190110 HGT/701 WGT/050 EYE/BRO HAI/BLK SKN/ALB GNG/INTRNTL XTMST*IFBI SGP/HANDLING CODE 3*IFBI ECR/A DOP/NONEXP OCA/FBICJISCARLILEVGTOF7 MIS/THIS IS AN FBI CJISD TEST RECORD TAKE NO ACTION BASED ON THIS RECORD FOR MIS/FURTHER INFORMATION ON THIS RECORD PLEASE CONTACT TI HARRY E CARLILE JR FBI MIS/ CJISD 888 827-6427 OR 304 625-3578 ORI IS FBI TERRORIST SCREENING CENTER 866-872-9001 NIC/T570016320 DTE/20030228 0948 EST

14. FLOW OF INFORMATION The Terrorist Screening Center serves as the United States Government Clearing House for the Screening and Coordination of Encounters with Known or Appropriately Suspected Terrorists.

15. Unique NCIC Hits • Law Enforcement Encounters: • Traffic stop for having objects hanging from his rearview mirror • At Donut shop spent approximately one hour in the bathroom praying • Forcibly took his daughter from a daycare • Attempting to have his criminal record expunged • Passenger in a stolen car • Skateboarding in a park after hours • Causing a disturbance at a speech • Exhibiting suspicious activity at an airport • Arrested for urinating in public/public intoxication • Reported his Land Rover stolen from his place of business • Hitch-hiking • Driver was observed filming a local pedestrian bridge • Turned in a lost or stolen purse • Flagged down a passing officer while car was broken down • Police recognized him from a wanted poster • Filming various sites in D.C. • Demonstrating outside a fur store • Arrested for shoplifting at a department store • Individual who reported a burglary • Posting bail for an inmate

16. NCIC Users and Law Enforcement Dispatcher • Lost Intelligence; • A potentially important law enforcement encounter can go undetected, and officer safety could be jeopardized; • The intelligence that could have been obtained from that positive law enforcement encounter will never get to the investigative agency; • The Sheriff or the Chief of Police will never know that a positive law enforcement encounter was recorded in his jurisdiction, thus losing out on the potential of gaining positive intelligence that could be used by his department or agency; • The State Fusion Center will not receive notification that a positive encounter has taken place in their region. What can happen if you DON’T contact the TSC when you see the NCIC “Banner”???

17. NCIC Users and Law Enforcement Dispatcher • The TSC has identified thru NCIC audits that approximately 20% of Law Enforcement that queries NCIC and gets the “Warning Banner” does not call The TSC. • Call the TSC to verify if the encounter is a positive match to the TSC Watch List. Let’s work together to reduce the non contact rate to 0%.

18. NCIC No Hit Encounter - Prior to 12/01/03 Ziad Jarrah

19. NCIC NCTC FBI TSC Encounter - Post 12/01/03 Ziad Jarrah

20. 2009 Positive LEO Encounters TOP TEN STATES

21. CONUS View 1 Jan 09 – 31 Dec 09

22. Success Stories The TSC ran the name and got a match to a known terrorist Maryland authorities stop a person who is filming the Chesapeake Bay Bridge. Routine NCIC check advises officer to call the TSC TSC notifies TSOU TSOU discovers this person is an unindicted co- conspirator with three Hamas individuals and a material witness warrant existed for his arrest.

23. Success Stories Taken into Custody Fingerprinted 9 February 2007, <<Name>>, Stopped for DUI Aurora, CO NCIC Name Check is Negative Fingerprint Reveals True Identity Match with TSDB <<Subject>> NCIC Message for <<Subject>>> Call TSC TSC: Coordinates Encounter Case Agent, DOS, NCTC, ICE, etc Notified and Records Updated Official Use Only

24. Institutionalizing TSC Protocol through the Promotion Process • Immediately call the Terrorist Screening Center; • Document the traffic stop on a PD-42 (preliminary report form); • The police liaison commander in the operations center should have been notified and determine if the occupants were to be detained; • A copy of the report shall be forwarded to the intelligence unit; • Provide roll call training; • Have the sergeant review the policy and counsel the sergeant for informing the encounter target that he was on the Terrorist Watch List; • Advise Officer Doe he should not have informed the subject he was on the Terrorist Watch List; • Document counseling of the sergeant. Officer Doe conducts a traffic stop on a sedan occupied by 2 males. His backup, Sergeant Burk arrives a couple of minutes later. The driver of the vehicle is run through NCIC and is found to be on the Terrorist Watch List as a category 3. Officer Doe asks for guidance from Sgt. Burk as to what needs to be done with this type of classification. Sgt. Burk tells him to document the stop and advise the driver of his status pertaining to the Watch List. Officer Doe documents the event as it transpired. You read the report at the end of the shift. What action(s) would you take? Test question for the rank of Lieutenant. Submitted by the Fairfax County Police Department (Virginia).

25. Today’s Take Away Message You are a 700,000+ “Force Multiplier” CALL THE TSC When you encounter the NCIC Banner. “Possibly save an officers life and protect our National Security” 866-872-9001

26. Contact Information Timothy J. Healy (FBI) Director, Terrorist Screening Center 703-418-9268 Donald Torrence (DHS) Principal Deputy Director, Terrorist Screening Center 703-418-9832 Terence J. Wyllie External Training and Outreach Training 703-418-9586 Terence.wyllie@tsc.gov Joseph L. Hazelton External Training and Outreach Training 703-412-1709 Joseph.hazelton@tsc.gov Robert DelCore External Training and Outreach Training 703-418-9132 robert.delcore@tsc.gov