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<DOC> [2001 Privacy Act] [From the U.S. Government Printing Office via GPO Access] #.NATIONAL COUNTERINTELLIGENCE CENTER Table of Contents NACIC-1, National Countelligence Center System of Records #..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, before the individual record system notices begin, the blanket routine uses of the records are published below only once in the interest of simplicity, economy and to avoid redundancy. 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 regulatory in nature, and whether arising by general statute or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records maybe 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 contact, 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. 4. Routine Use-Congressional: Inquiries from a system of records maintained by this component maybe 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 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 Information Security Oversight Office (ISOO): A record from a system of records maintained by this component may be disclosed as a routine use to the Information Security Oversight Office (ISOO) or any other executive branch entity authorized to conduct inspections or develop security classification policy 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 regulations, 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 U.S. 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 Center System of Records (NACIC-1). Security classification: The classification of individual records in the system range from UNCLASSIFIED to TOP SECRET Codeword. System location: National Counterintelligence Center, 3W01 NHB, Washington, DC 20505 Categories of individuals covered by the system: 1. Individuals who are of foreign intelligence or foreign counterintelligence interest and relate in any manner to foreign intelligence threats to U.S. national and economic security; 2. Applicants for, and current and former personnel of NACIC who are federal employees; 3. Individuals associated with NACIC administrative operations or services including independent contractors, industrial contractor employees, or individuals otherwise associated with such operations and services; 4. And, any other individuals authorized access to NACIC information and facilities. Categories of records in the system: 1. Counterintelligence Damage Assessments and Incident Files: Maintained by the NACIC Threat Assessment Office (TAO); records include copies of the finished assessments of the damage to U.S. intelligence sources and methods resulting from significant and particular espionage cases as well as summaries of significant counterintelligence incidents including the circumstances and characteristics of the target, the circumstances of the event, and the particular threat presented; 2. Compromised Names Database: Maintained by the NACIC Threat Assessment Office (TAO); the database is utilized to notify U.S. intelligence community personnel whose names were potentially compromised as a result of espionage or other foreign intelligence collection activity; the database contains the names of persons potentially compromised, date of the memo sent to the person or their employer informing them, and documentary reference(s) to the compromised information; 3. Computer and Physical Security Files: Maintained by the NACIC Executive Secretariat Office (ESO); records include the names, passwords, accesses, and special accesses to both physical locations and computer systems, relevant audit trails for such accesses, and particular clearances and certifications of clearances; 4. Publication, Training and Seminar Files: Maintained by NACIC's Program Integration Office (PIO) Community Training Branch; records include letters of acceptance, enrollment forms, thank you letters, lists of attendees, lists of speakers, notes, case studies, syllabi, training packets, magazine or newspaper articles, and other records used either for course development purposes or to facilitate the presentation of seminars; 5. Personnel Files: a. Specific types of personnel records are maintained by the NACIC Front Office (FO); these records are maintained in individual official personnel folders and include, inter alia, papers documenting personnel actions, performance appraisals, correspondence, travel documents, contracts, justifications, memorandums, and administrative material; b. A second type of personnel records is maintained by the NACIC Executive Secretariat Office (ESO); these records are Memorandums of Agreement between the detailee's parent organization and NACIC; c. The third type of personnel records is maintained by the NACIC Program Integration Office/Community Training Branch (PIO/CTB); these records include the training documents; 6. Freedom of Information Act (FOIA)/Privacy Act (PA) Requests and Legal Files: Files created in response to public requests for information and/or amendment of records 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; also, all similar records created in response to administrative appeals and litigations predicated on such initial requests; 7. Special Search Files: Files created in response to official United States or foreign government requests for information which may include requests from executive, congressional, judicial, or diplomatic sectors consisting of the original tasking or request, a copy of the reply thereto, and all related supporting files which may include the official file copy of the requested record or copy thereof. Authority for maintenance of the system: Section 506(a) of the Federal Records Act of 1950, codified at 44 U.S.C. 3101, and Title 36, Code of Federal Regulations, Chapter XII, which require Federal agencies to insure that adequate and proper records are made and preserved to document the organization, functions, polices, decisions, procedures and transactions and to protect the legal and financial rights of the Federal Government. Purpose(s): NACIC was established by Presidential directive for the purpose of coordinating national level counterintelligence activities of the United States. The purposes for the maintenance of these records include: Coordinating national strategic CI planning efforts, providing strategic guidance and assessing the effectiveness of CI operations, facilitating the development of and implementing training for the CI community, producing national-level foreign intelligence threat assessments, and coordinating assessments of damage to U.S. interests resulting from espionage cases. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: See Statement of General Routine Uses. Disclosure to consumer reporting agencies: None. 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, and/or on a computer printed listing. Retrievability: Names and related information are retrievable by automated or hand search based on extant indices and automated capabilities utilized in the normal course of business. Under applicable law and regulations, NACIC may not permit any organization, public or private, outside the NACIC to have direct access to NACIC files; accordingly, all searchers of NACIC databases and paper 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 ensure that they hold currently valid security clearances, are cautioned about divulging classified or other privileged information contained in NACIC files, and are advised that failure to abide by these provisions may constitute a violation of federal criminal law and/or give rise to civil liability. 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 while highly classified records are hand carried by individuals holding appropriate security clearances. 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, DC 20505. Notification procedure: See record access procedures, infra. 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 Act Request.'' Your request should include your full name, complete address, date of birth, place of birth, notarized signature (or declaration under penalty of perjury), 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 data of the record or the period in which the record was compiled. The requester must also provide a return address for transmitting the information. Requests for access must be addressed to the System Manager as noted above. Contesting record procedures: Individuals desiring to contest or amend information maintained in the system should also direct their request to the System Manager as noted above. Such requests should delineate the information believed to be incorrect and should include the information requested to be substituted or added to the record. Record source categories: Record source categories include subject individuals pursuant to notice, official records and information disseminated to NACIC by other federal government entities, and official records and information provided to NACIC by other entities including foreign, state and local governments as well as individuals and business entities. Exemptions claimed for the system: Notice is hereby given that NACIC intends to exempt from certain provisions of the Privacy Act the following information pursuant to the following specified authority: (a) Records or portions of records in the physical possession of NACIC which were originated by other federal agencies or which contain information originated by such agencies shall be deemed to be in the joint legal custody of and mutually maintained by both agencies. Accordingly, NACIC shall apply any applicable exemptive provisions when so informed by those agencies; (b) Records or portions of records in the physical custody of NACIC which would reveal intelligence sources and methods in contravention of the National Security Act of 1947 are, pursuant to the exemptions previously authorized by the Director of Central Intelligence under the authority of section (j)(1), exempt from disclosure of accounting (section (c)(3)), disclosure (section (d)), notification of collection authority (section (e)(3) (A-D)), and notification of existence of records (sections (e)(4)(G) and (f)(1)); in such instances where confirmation of the existence of a record may itself jeopardize intelligence sources and methods, the Coordinator must neither confirm nor deny the existence of the record and shall advise the requester that there is no record which is available pursuant to the Privacy Act; (c) Records or portions of records in the physical custody of NACIC which are currently and properly classified pursuant to Executive Order 12958 (or predecessor or subsequent Order) are, under the authority of section (k)(1), exempt from disclosure of accounting (section (c)(3)), disclosure (section (d)), and notification of existence of records (sections (e)(4)(G) and (f)(1)); (d) Records or portions of records in the physical custody of NACIC which are investigatory in nature and compiled for law enforcement purposes, other than material within the scope of section
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