One Hundeed Fourteenth Congress U.S. House of Representatives Committee on Homeland Security Washington, BC 20515 December 10, 2015, Mr. Nicholas J. Rasmussen Director ‘National Counterterrorism Center Washington, DC 20511 Mr. Christopher M. Piehota Director ‘Terrorist Screening Center Washington, DC 20535 Dear Directors Rasmussen and Piehota: 1 am writing to express my ongoing concerns about the terrorist watchlisting process. In the wake of the tragic terrorist attack in San Bernardino, California, many Americans, including myself, were stunned to learn that neither of the identified shooters were on any of the U.S. governments terrorist watchlists, in spite of the discovery that the shooters, Syed Farook and Tashfeen Malik, had been radicalized for well over a year. In fact, the Director of the Federal Bureau of Investigation (FBI) testified before the Senate Judiciary Committee today that the husband and wife responsible for the attacks “were radicalized quite a long time before their attack” and as early as “2013, they were talking to each other about jihad and martyrdom” in online forums.! In addition, earlier this year, the Department of Homeland Security Office of Inspector General released a report that found 73 aviation workers had potential ties to terrorism. Although the Inspector General concluded that “TSA’s multi-layered process to vet aviation workers for potential links to terrorism was generally effective,” it raises concerns that 73 individuals with terrorism links were allowed full Security Identification Display Area (SIDA) access by TSA? However, all of these individuals were subsequently found to pose no threat, raising further concems as to the quality and validity of the derogatory information that is housed in the Terrorist Identities Datamart Environment (TIDE) database. * Oversight of the Federal Bureau of Investigation: Hearing before the Judiciary Committee of the United States Senate. 114" Cong. 1. (2015) * DHS OIG-15-98: “TSA Can Improve Aviation Worker Vetting (Redacted).” June 4, 2015,‘These examples raise serious questions about the methodology used to identify potential terrorist threats and appropriately place individuals on terrorist watchlists. I am deeply concerned that we are failing to identify the real and current threats, while placing innocent Americans on lists that restrict their freedom of movement and travel. Terrorist watchlists, including the no-fly list, are often based on incomplete information and reasonable suspicions, and do not abide by the principle of innocent until proven guilty. While 1 understand that the redress process has greatly improved over the last several years, there remains a lack of robust and complete due process for individuals who learn they are on the watchlist. In light of these concems, I respectfully request that you provide the Committee with the answers to the following questions no later than December 23, 2015. 1. How many individuals are in the Terrorist Identities Datamart Environment (TIDE) and of this number, how many are U.S. citizens and how many are resident aliens? 2. What criteria are used to determine if someone should be placed into the Terrorist Identities Datamart Environment (TIDE) database? 3. How many individuals are in the Terrorist Screening Database (TSDB) and of this number how many are U.S. citizens and how man are resident aliens? 4, How many individuals are listed in the FBI’s Automated Case Support System (ACS)? 5. What agencies are permitted to submit data for inclusion into TIDE and TSDB? 6. What are the specific criteria for being on the No Fly list? What is the process for putting an individual on the No Fly list? Who ultimately makes the decision to put an individual on or take an individual off the No Fly list? 7. How often is the No Fly list reviewed and updated to ensure that individuals listed align with the current threat environment? 8. Are there currently any individuals under the age of 18 on the No Fly list? 9. Since 2005, how many individuals have been mistakenly placed on the No Fly list? Additionally, I ask that you please coordinate a time to jointly come to Capitol Hill to brief Committee members on these questions and other relevant terrorist watchlisting matters, Thank you for your prompt attention to this matter. Should you have any questions, please contact Mrs. Krista Harvey on the Committee staff at (202) 226-8417. Sincerely, (Ad fe JOHN KATKO Chairman ‘Transportation Security Subcommittee