[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Notices]
[Pages 8995-8998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4853]
=======================================================================
-----------------------------------------------------------------------
NATIONAL COUNTERINTELLIGENCE CENTER
Privacy Act of 1974; Establishment of a New System of Records
AGENCY: National Counterintelligence Center (NACIC).
ACTION: Proposed establishment of a new Privacy Ace system of records.
-----------------------------------------------------------------------
SUMMARY: The National Counterintelligence Center (NACIC) proposes to
establish a new system of records entitled the National
Counterintelligence Center System of Records. Federal Agencies are
required by the Privacy Act of 1974 and Office of Management and Budget
Circular A-
[[Page 8996]]
130, Transmittal Memorandum No. 2, July 15, 1994, to publish notice in
the Federal Register of proposed systems of records.
DATES: The proposed new system of records will become effective without
further notice 40 days after publication in the Federal Register unless
modified by a subsequent notice to incorporate comments received from
the public. Although the Privacy Act requires only that the portion of
the system which describes the ``routine uses'' of the system be
published for comment, NACIC invites comment on all portions of this
notice. Comments must be received by the contact person listed below on
or before April 8, 1997.
FOR FURTHER INFORMATION WRITE:
Information and Privacy Coordinator, Executive Secretariat Office,
National Counterintelligence Center, 3W01 NHB, Washington, DC 20505.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a,
NACIC proposes to establish a new system of records to be maintained at
the NACIC Office. The purpose of this notice is to announce the
creation and character of the systems of records maintained by NACIC.
NACIC was established under the authority of the National
Counterintelligence Policy Board (NACIPB), in accordance with
Presidential Decision Directive/NSC-24 ``US Counterintelligence
Effectiveness,'' dated May 3, 1994. During 1994, in the wake of the
Aldrich Ames espionage investigation, President Clinton ordered a
review of the overall effectiveness of US counterintelligence (CI).That
review resulted in the establishment of a new CI policy and
coordination apparatus for the US CI community. PDD/NSC-24 eliminated
the National Advisory Group for Counterintelligence (NAG/CI) policy
structure under the Director of Central Intelligence (DCI) and
established the National Counterintelligence Policy Board (NACIPB) to
function as the primary body for addressing national CI policy issues.
In addition, the directive established NACIC for the purpose of
coordinating national level CI activities. Although located at CIA
Headquarters, NACIC is neither a CIA entity, nor is it part of the DCI
reporting structure. Rather, NACIC is an autonomous CI entity that
reports to the NACIPB and the National Security Council. NACIC,
however, does work in close coordination with the DCI's staff and the
CIA's Counterintelligence Center (CIA/CIC). NACIC's staff of employees
is currently drawn from counterintelligence and security professionals
from the FBI, CIA, NSA, the Department of Defense, and the Department
of State. Each individual serves on a rotational basis from his/her own
agency, with most serving a two year tour. Organizationally, NACIC
consists of the Offices of the Director and Deputy Director and three
subordinate offices: the Executive Secretariat Office (ESO), the
Program Integration Office (PIO) and the Threat Assessment Office
(TAO).
It should be noted that as a result of its policy coordination
role, NACIC's main concern is with coordination of national level CI
activities, not individuals. As a result, individuals mentioned in many
of NACIC's records are not clearly identified by name and address.
ESO serves as the secretariat to the NACIPB, the National
Counterintelligence Operations Board (NACOB), and their working groups.
It coordinates national strategic CI planning efforts by the NACIPB and
serves as the contact with CIA's Community Management Staff (CMS) on
administrative, logistical, security, and finance matters.
The PIO provides strategic guidance and assesses the effectiveness
of CI operations; sponsors seminars and conferences; and establishes
and chairs working groups comprised of representatives from federal
agencies. PIO's Community Training Branch is responsible for
facilitating the development of organizing, and implementing training
for the CI community and for private industry. In some cases these have
been joint efforts with federal agencies or with private organizations.
In addition to publishing its unclassified quarterly newsletter,
``Counterintelligence News and Developments,'' the Training Branch
Publishes brochures and reports developed by its Awareness Working
Group.
The TAO serves as the focal point for facilitating the production
of national-level, foreign intelligence threat assessments; developing
and disseminating information relating to foreign intelligence threats;
coordinating assessment of damage to US interests resulting from
espionage cases; and providing CI community-wide analytic support.
TAO's National Needs branch is the Customer Service Branch of NACIC. It
serves as a point of contact for non-CI federal agencies, generates
products for their use and also for use throughout the CI community.
For example, catalog lists are maintained indicating which agencies
have conducted threat assessments on various countries or issues, thus
saving another agency the expense of conducting its own threat
assessment analysis. TAO's Analysis Branch prepares CI community-
coordinated threat assessments. In some cases, the assessments are
tailored to satisfy an agency's specific concern. In other cases they
are conducted in response to a specific incident or activity.
Statement of General Routine Uses
The following routine uses apply to, and are incorporated by
reference into each system of records maintained by NACIC. It should be
noted that the blanket routine uses of the records are published below
only once in the interest of simplicity, economy and to avoid
redundancy before the individual record system notices begin.
1. Routine Use-Law Enforcement: In the event that a system of
records maintained by NACIC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statue or by
regulation, rule or order issued pursuant thereto, the relevant records
in the system of records may be referred, as a routine use, to the
appropriate agency whether Federal, state, local or foreign, charged
with the responsibility of investigating or prosecuting such violation
or charged with enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto.
2. Routine Use--Disclosure When Requesting Information: a record
from a system of records maintained by this component may be disclosed
as a routine use to a Federal, state, or local agency maintaining
civil, criminal, or other relevant enforcement information or other
pertinent information, if necessary, to obtain information relevant to
a component decision concerning the hiring or retention of an employee,
the issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant or other benefit.
3. Routine Use-Disclosure of Requested Information: A record from a
system of records maintained by this component may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
[[Page 8997]]
4. Routine Use--Congressional: Inquiries from a system of records
maintained by this component may be made to a Congressional office from
the record of an individual in response to an inquiry from the
Congressional office made at the request of that individual.
5. Routine Use--Disclosures Required by International Agreements: A
record from a system of records maintained by this component may be
disclosed to foreign law enforcement, security, investigatory, or
administrative authorities in order to comply with requirements imposed
by, or to claim rights conferred in, international agreements and
arrangements including those regulating the stationing and status in
foreign countries of Department of Defense military and civilian
personnel.
6. Routine Use-Disclosure to the Department of Justice for
Litigation: A record from a system of records maintained by this
component may be disclosed as a routine use to any component of the
Department of Justice for the purpose of representing any officer,
employee or member of this component in pending or potential litigation
to which the record is pertinent.
7. Routine Use--Disclosure of Information to the General Services
Administration: A record form a system of records maintained by this
component may be disclosed as a routine use to the General Services
Administration (GSA) for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906.
8. Routine Use-Disclosure of Information to the National Archives
and Records Administration (NARA): A record from a system of records
maintained by this component may be disclosed as a routine use to the
National Archives and Records Administration (NARA) for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
9. Routine Use-Disclosure to the Merit Systems Protection Board: A
record from a system of records maintained by this component may be
disclosed as a routine use to the Merit Systems Protection Board,
including the Office of the Special Counsel for the purpose of
litigation, including administrative proceedings, appeals special
studies of the civil service and other merit systems, review of OPM or
component rules and regulation, investigation of alleged or possible
prohibited personnel practices; including administrative proceedings
involving any individual subject of investigation, and such other
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
10. Routine Use--Counterintelligence Purposes: A record from a
system of records maintained by this component may be disclosed as a
routine use outside the US Government for the purpose of
counterintelligence activities authorized by U.S. Law or Executive
Order or for the purpose of enforcing laws which protect the national
security of the United States.
NACIC-1
System name:
National Counterintelligence System of Records
System location:
National Counterintelligence Center, 3 WO1 NHB, Washington, D.C.
20505
Categories of individuals covered by the system:
A. Individuals who are of foreign intelligence or foreign
counterintelligence interest and relate in any manner to foreign
intelligence threats to US national and economic security.
B. Applicants for, and current and former personnel of NACIC.
C. Individuals associated with NACIC administrative operations or
services including pertinent functions such as training, contractors
and pertinent persons related thereto.
Categories of records in the system:
1. Director's Correspondence: Correspondence whose contents relates
to NACIC's mission, policies, or programs; and correspondence whose
contents relates to routine, administrative, or facilitative matters.
2. NACIC Chronoligical Files: Copies of outgoing correspondence,
memoranda, and other records signed by the Director, the Deputy
Director, and NACIC Office Chiefs.
3. Public Relations Files: Speeches or public statements made by
the Director and Deputy Director.
4. NACIC Staff Meeting Records, agendas, minutes, and ``staff
meeting highlights.''
5. Progress Reports: six month progress reports submitted to the
National Counterintelligence Policy Board outlining activities and
accomplishments of the NACIC.
6. Compromised Names Database. The purpose of the database is to
notify US intelligence community personnel whose names were potentially
compromised as a result of espionage or other foreign intelligence
collection activity. NACIC reviews pertinent reports to determine
documents that were possibly passed in a particular case and then
reviews those documents for names. The database contains the names of
persons potentially compromised, date of the memo sent to the person or
their employer informing them, the document number of where the
person's name came from, document title, and document date.
7. Chronological Files of the PIO: Copies of correspondence,
memoranda, and other records generated by PIO and its branches in
assessing the effectiveness of CI operations, maintained for reference
purposes.
8. Publications, Training Materials and Regional Seminars Records
Maintained by PIO's Community Training Branch: Letters of acceptance,
enrollment forms, thank you letters, list of attendees, list of
speakers, notes, case studies, syllabus, training packet, magazine or
newspaper articles, and other records used either for course
development purposes or to facilitate the presentation of seminars.
9. Personnel Files: Individual personnel folders of staff
employees, consultants and contract employee files consisting of papers
documenting personnel actions; performance appraisals; correspondence;
training documents; travel documents; contracts; justifications;
memoranda; and administrative material. (Many of these files are
maintained on a temporary basis while the individuals are detailed to
the NACIC. Upon their return to their home agency, their file is
returned with them.)
10. Freedom of Information Act (FOIA)/Privacy Act (PA) Requests and
Legal Fields: Files created in response for information under the FOIA/
PA, consisting of the original request, a copy of the reply thereto,
and all related supporting files which may include the official file
copy of requested record or copy thereof; files created in response to
administrative appeals for release of information denied by the NACIC,
consisting of the appellant's letter, a copy of related supporting
documents; FOIA/PA Control Files and Report Files; Files relating to an
individual's request to amend a record pertaining to the individual as
provided for under 5 U.S.C. 552a(d)(2), 552a(d)(3), and to any civil
action brought by the individual against NACIC as provided under 5
U.S.C. 552a(g); Privacy Act Report files of recurring reports and one-
time information requirements relating to agency implementation
including biennial reports to the Office of Management and Budget, and
Report on New Systems.
[[Page 8998]]
Authority for maintenance of the system:
The Federal Records Act of 1950 Title 44, United States Code,
Chapter 31, Section 3101; and Title 36, Code of Federal Regulations,
Chapter XII, require Federal agencies to insure that adequate and
proper records are made and preserved to document the organization,
functions, policies, decisions, procedures and transactions and to
protect the legal and financial rights of the Federal Government.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the purposes of such Uses:
(See Statement of General Routing Uses)
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Files are maintained in computerized form and hard copy form.
Computerized form may be stored in memory, on disk storage, on computer
tape, or on a computer printed listing.
Retrievability:
Names are retrievable by automated word or hand search. NACIC will
not permit any organization, public or private, outside the NACIC to
have direct access to NACIC files. All searches on the NACIC data base
and hard files will be performed on site, within NACIC space, by NACIC
personnel.
Safeguards:
Records and databases are maintained in a restricted area within
NACIC and are accessed only by NACIC personnel. All employees are
checked to insure they have recent background investigations prior to
being assigned to NACIC and are cautioned about divulging confidential
information or any information contained in NACIC files. Failure to
abide by these provisions may violate certain statutes providing
maximum severe penalties of a ten thousand-dollar fine or 10 years
imprisonment, or both. Employees who resign or retire are also
cautioned about divulging information acquired in their jobs.
Registered mail is used to transmit routine hard copy records. Highly
classified records are hand carried by employee personnel. Highly
classified or sensitive privacy information, which is electronically
transmitted between NACIC and other offices, is transmitted in
encrypted form to prevent interception.
Retention and disposal:
Records evaluated as historical and permanent will be transferred
to the National Archives after established retention periods and
administrative needs of the NACIC have elapsed.
System manager(s) and address:
Information and Privacy Coordinator, Executive Secretariat Office,
National Counterintelligence Center, 3W01 NHB, Washington, D.C. 20505.
Record access procedures:
A request for access to a record from the system shall be made in
writing with the envelope and the letter clearly marked ``Privacy
Access Request''. Include in the request your full name, complete
address, date of birth, place of birth, notarized signature, and other
identifying data you may wish to furnish to assist in making a proper
search of NACIC records. A request for access to records must describe
the records sought in sufficient detail to enable NACIC personnel to
locate the system of records containing the record with a reasonable
amount of effort. Whenever possible, a request for access should
describe the nature of the record sought, and the date of the record or
the period in which the record was compiled. The requester will also
provide a return address for transmitting the information. Requests for
access must be addressed to the Information and Privacy Coordinator,
Executive Secretariat Office, National Counterintelligence Center, 3W01
NHB, Washington, D.C. 20505.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in
the system should also direct their request to the Information and
Privacy Coordinator, Executive Secretatiatat Office, National
Counterintelligence Center, 3W01 NHB, Washington, DC. 20505.
Exemptions claimed for the system:
Notice is hereby given that NACIC intends to exempt, from certain
provisions of the Act, those systems of records which are (A)
specifically authorized under criteria established by an Executive
Order to be kept secret in the interest of national defense or foreign
policy and (B) are in fact, properly classified pursuant to such
Executive Order. (5 U.S.C. 552(b)(1), as amended by Public Law 93-502)
In addition, pursuant to authority granted in section (j) of the
Privacy Act (5 U.S.C. 552a (j)) the Director of NACIC has determined
(C) to exempt from notification under subsections (e)(4)(G) and (f)(1)
those portions of each and all systems of records which have been
exempted from individual access under subsection (j), in those cases
where the Information and Privacy Coordinator, determines after advice
by responsible components, that confirmation of the existence of a
record may jeopardize intelligence sources and methods. In such cases
the NACIC may choose to neither confirm nor deny the existence of the
record and may advise the individual that there is no record which is
available to him pursuant to the Privacy Act of 1974.
Michael Waguespack,
Director, National Counterintelligence Center.
[FR Doc. 97-4853 Filed 2-26-97; 8:45 am]
BILLING CODE 6310-02-M