[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69653-69656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27459]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID: USN-2013-0038]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to add a new System of Records.

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SUMMARY: The Department of the Navy proposes to add a new system of 
records in its inventory of record systems subject to the Privacy Act 
of 1974, as amended. The blanket (k)(1) exemption applies to this 
systems of records to accurately describe the basis for exempting 
disclosure of classified information that is or may be contained in the 
records.

DATES: The proposed action will be effective on December 23, 2013 
unless

[[Page 69654]]

comments are received which result in a contrary determination. 
Comments will be accepted on or before December 20, 2013.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Patterson, Department of the 
Navy, DNS-36, 2000 Navy Pentagon, Washington, DC 20350-2000 or call at 
(202) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy notices for 
systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), 
as amended, have been published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT. The 
proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy 
Act of 1974, as amended, was submitted on November 21, 2012, to the 
House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: November 12, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NM03800-1

System name:
    Naval Global Maritime, Foreign, Counterterrorism and Counter 
Intelligence Operation Records.

System location:
    Primary location: Commander, Office of Naval Intelligence, 4251 
Suitland, MD 20395-2000.
    Decentralized segments are located at United States Naval 
organizations worldwide. Official mailing addresses are published as an 
appendix to the Navy's compilation of system of records notices.

Categories of individuals covered by the system:
    Citizens, lawful permanent residents, and non-U.S. citizens 
associated with vessels, facilities, companies, organizations, and 
ports, or known, suspected, or alleged to be involved in contraband 
trafficking (arms, narcotics, and otherwise), illegal migrant activity 
(smuggling, trafficking, and otherwise), or terrorist activity or 
piracy in the maritime sector; crew and passengers of maritime vessels 
defined by the International Maritime Office and various United States 
and international notices of arrival; individuals identified by the 
Department of the Navy (DON), other Department of Defense (DoD), 
Homeland Security, Foreign Allies and Partner personnel during Maritime 
Interception or Security Operations, vessel boardings, conducting 
aircraft over-flights, sightings and reports; individuals identified as 
a potential threat to United States interest in the Maritime Domain 
sector.
    Entities as defined above includes active duty military personnel 
of the DON including current civilian employees, contract, temporary, 
part-time, advisory, citizen and foreign nationals located both in the 
United States and in overseas areas; other Department of Defense 
employees, and contractors; other named department service members, 
employees and contractors; other Allied Country, Partnered Country, and 
Organization service members, employees and contractors; and 
individuals involved in, or of interest to, foreign intelligence, 
counterintelligence, counterterrorism, counternarcotics, counter 
piracy, and counter proliferation operations or analytical projects, as 
well as individuals involved in intelligence activities and/or training 
activities.

Categories of records in the system:
    Name, nationality, address, email address, home and/or work 
telephone numbers, cell phone information, identification numbers (e.g. 
Social Security Number (SSN) and DoD ID Number), Department of Defense 
number, Passport, Seaman's paper), date of birth, place of birth, 
photograph, biometrics, personal documents, vehicle license data, 
relationship to vessels and facilities, relationship to other 
individuals, companies, government agencies and organizations, 
involvement with violations of laws and international treaties; 
associations with vessels involved in contraband, trafficking (arms, 
narcotics, and otherwise), illegal migrant activity (smuggling, 
trafficking, and otherwise), unlawful acts within the maritime sector; 
and associations with other individuals who are known, suspected, or 
alleged to be involved in contraband trafficking (arms, narcotics, and 
otherwise), illegal migrant activity (smuggling, trafficking, and 
otherwise), terrorist activities, or any other unlawful act within the 
maritime sector.
    Information on individuals, companies, vessels, or entities 
associated with the maritime industry to include: Vessel owners, vessel 
operators, vessel characteristics, crewmen, passengers, facility 
owners, facility managers, facility employees; or affiliation with the 
maritime community, commodities handled, equipment, location 
certificates, approvals, inspection data, pollution incidents, 
casualties, and violation of laws and international treaties.
    Information on individuals, vessels or entities associated with 
external watch lists (e.g., law enforcement, biometric, terrorist, and 
otherwise) on individuals, companies, vessels, or entities associated 
with threats to the DON, the United States, or United States interest 
in the Maritime Domain.
    Investigative material, correspondence, and other documentation 
pertaining to investigative or analytical efforts by DON, other United 
States government agencies, organizations, individuals, and allied or 
partner countries to identify or counter any foreign intelligence and 
terrorist threats to the DON, the United States, or United States 
Interest in the Maritime Domain.
    Records relating to ship arrival notifications, crew and passenger 
lists, boarding reports, threat lists, analytical, operational, 
biographic, policy, management, training, administrative and 
operational support related to intelligence, counterterrorism, 
counternarcotics, force protection, critical infrastructure protection, 
research and technology protection, research and development 
protection, threat analysis, raw intelligence reports and risk 
assessments.

Authority for maintenance of the system:
    10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. ch 15, National 
Security Act of 1947, as amended; Executive Order 12333, United States 
Intelligence Activities; National Security Presidential Directive 41/
Homeland Security Presidential Directive 13

[[Page 69655]]

(NSPD-41/HSPD-13), Maritime Commerce Security Plan for the National 
Strategy for Maritime Security; 50 U.S.C. ch 36, The Foreign 
Intelligence Surveillance Act of 1978; DoD Directive 5240.1-R, 
Procedures Governing the Activities of DoD Intelligence Components that 
Affect United States Persons; and E.O. 9397 (SSN), as amended.

Purposes(s):
    To carry out the National Plan to Achieve Maritime Domain Awareness 
by providing an effective understanding of anything associated with the 
Maritime Domain and identifying threats as early and as distant from 
the shores of the United States as possible.
    To carry out the Global Maritime Intelligence Initiative (GMII) 
Plan using existing capabilities to integrate all available 
intelligence regarding potential threats to United States interest in 
the Maritime Domain.
    The maritime intelligence enterprise, the focus of this system, is 
a federation of departments, agencies, and organizations with a 
maritime and/or maritime intelligence focus with operational entities 
frequently being the source of critical information need for 
intelligence analysis. In the United States this Global Maritime 
Community of Interest (GMCOI) intelligence enterprise includes entities 
with the Department of Homeland Security, Department of Defense, 
Department of State, the Intelligence Community (IC), Department of 
Justice, Department of Energy, and other United States government 
departments with responsibilities for international maritime trade, and 
foreign security and intelligence services.
    Internationally, this GMCOI intelligence enterprise includes the 
entities within the countries allied with the United States or with 
countries and organizations with bi-lateral partnerships with the 
United States with responsibility for international maritime trade, 
security, and intelligence services.
    To support Maritime Security Operations (MSO) directed to protect 
and counter maritime piracy and other threats to U.S. interest in the 
Maritime Domain.
    To document and maintain records on intelligence, 
counterintelligence, counterterrorism, and counternarcotics operations 
relating to the protection of national security, DoD personnel, 
facilities and equipment, to include information systems. To detect, 
identify, and neutralize foreign intelligence and international 
terrorist, drug smuggling, or piracy threats to United States interests 
in the Maritime Domain, the DoD, and United States Naval mission. To 
maintain records on information operations, foreign intelligence, 
counterintelligence, counterterrorism, counternarcotics, counterpiracy, 
counterproliferation, and matters relating to the protection of 
national security.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974 as amended, these records contained 
therein may specifically be disclosed outside the DoD pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    To Federal, State, local, and tribal agencies for the purpose of 
law enforcement, counterterrorism, counterintelligence, counter-
narcotic and piracy activities and Homeland Security as authorized by 
United States Law or Executive Order, or for the purpose of protecting 
the territory, people and interests of the United States of America 
against breaches of security related to DoD controlled information or 
facilities and against hostile terrorist activities.
    To the Immigration and Naturalization Service and the Department of 
Justice for use in alien admission and naturalization inquiries 
conducted under section 105 of the Immigration and Naturalization Act 
of 1952, as amended.
    To the Department of State, the Department of Treasury, the 
Department of Justice, the Federal Bureau of Investigation, the Drug 
Enforcement Administration, the United States Customs Service, the 
Bureau of Alcohol, Tobacco and Firearms, and the Central Intelligence 
Agency for the purpose of collaborating on production of intelligence 
products and countering terrorist acts.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Department of Navy's compilation of systems of records notices may 
apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper and/or electronic storage media.

Retrievability:
    Name, SSN, citizenship documentation, biometric data, passport 
number or vehicle/vessel license data and records.

Safeguards:
    Records are stored in office buildings and databases protected by 
guards, controlled screenings, use of visitor registers, electronic 
access, and/or locks. Access to records is limited to individuals who 
are properly screened and cleared on a need-to-know basis in the 
performance of their duties. Passwords and user IDs are used to control 
access to the system data, and procedures are in place to deter and 
detect browsing and unauthorized access of electronic files.

Retention and disposal:
    General Intelligence Records: Permanent. Retire to the Washington 
National Records Center (WNRC) when 2 years old, transfer to National 
Archives and Records Administration (NARA) when 25 years old.
    Intelligence Reports: Permanent. Retire to WNRC when 2 years old, 
transfer to NARA when 25 years old.
    Intelligence Products: Retire to WNRC when 2 years old, transfer to 
NARA when 25 years old.
    Intelligence Estimates Records: Permanent. Retire to WNRC when 5 
years old, Transfer to NARA in 5-year blocks when 25 years old.
    Intelligence Collection Records: Temporary, destroy when 3 years 
old.
    Intelligence Data Base Records: Temporary, destroy when no longer 
needed to support current requirements.
    Paper records are destroyed by shredding, pulping, or burning; 
electronic records are magnetically erased from the database.

System manager(s) and address:
    Commander, Office of Naval Intelligence, 4251 Suitland Road, 
Washington, DC 20395-2000.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries, containing full name and one other personnel 
identifier (i.e., SSN or date of birth), to Commander, Office of Naval 
Intelligence, (ONI-22/FOIA), 4251 Suitland Road, Washington, DC 20395-
2000.
    The system manager may require an original signature or a notarized 
signature as a means of proving the identity of the individual 
requesting access to the records.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries, 
containing full name

[[Page 69656]]

and one other personnel identifier (i.e., SSN or date of birth) to 
Commander, Office of Naval Intelligence, (ONI-22/FOIA), 4251 Suitland 
Road, Washington, DC 20395-2000.
    The system manager may require an original signature or a notarized 
signature as a means of proving the identity of the individual 
requesting access to the records.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5E; 32 CFR part 701; or may be obtained 
from the system manager.

Record source categories:
    From individuals; DoD records; United States and foreign agencies, 
organizations or entities; media, including periodicals, newspapers, 
broadcast transcripts; intelligence source documents/reports; other 
Navy reports and documents; informants; various Federal, state and 
local investigative and law enforcement agencies; and other individuals 
or agencies/organizations that may supply pertinent information.

Exemptions claimed for the system:
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5) 
but only to the extent that such material would reveal the identity of 
a confidential source.
    An exemption rule for this system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2) and (3), 
(c) and (e) and published in 32 CFR part 701, subpart G. For additional 
information contact the system manager.

[FR Doc. 2013-27459 Filed 11-19-13; 8:45 am]
BILLING CODE 5001-06-P