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[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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