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#.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
Other Popular 1997 Privacy Act Documents Documents:
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