29 December 2007
This is the first and only Federal Register listing of the National
Counterintelligence Executive.
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[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73898-73899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-174]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Office of the National Counterintelligence Executive
Privacy Act of 1974; System of Records
AGENCY: Office of the National Counterintelligence Executive, Office of
the Director of National Intelligence.
ACTION: Notice to establish systems of records.
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SUMMARY: The Office of the National Counterintelligence Executive
(ONCIX) is establishing a system of records subject to the Privacy Act
of 1974, as amended, 5 U.S.C. 552a. This system of records is
maintained by ONCIX.
DATES: This action will be effective on February 6, 2008, unless
comments are received that result in a contrary determination.
ADDRESSES: You may submit comments, identified by [ RIN number], by any
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Director, Information Management Office, Office of the
Director of National Intelligence, Washington, DC 20511.
FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Director,
Information Management Office, 703-482-3610.
SUPPLEMENTARY INFORMATION: The National Counterintelligence Executive
and the Office of the National Counterintelligence Executive (ONCIX)
were established in statute by the Counterintelligence Enhancement Act
of 2002 and codified as an element of the Office of the Director of
National Intelligence (ODNI) in the Intelligence Reform and Terrorism
Prevention Act IRTPA) of 2004.
The mission of the ONCIX is to serve as the head of national
counterintelligence for the United States Government. The
counterintelligence components of the United States Government are
responsible for identifying, assessing, prioritizing, and countering
the intelligence threats to the United States. The ONCIX is charged
with fostering integration of these components to best address threats
presented by the intelligence services of foreign states and similar
organizations of non-state actors, such as transnational terrorist
groups.
The National Counterintelligence Executive serves as the principal
advisor to the Director of National Intelligence (DNI) on issues
relating to the overall strategy and performance of the Intelligence
Community relating to counterintelligence. Under the direction of the
National Counterintelligence Executive, ONCIX develops an annual
integrated national counterintelligence strategy, sets priorities for
counterintelligence collection, investigations and operations, and
ensures that budget and staffing recommendations conform to established
programmatic priorities. The ONCIX produces annual foreign intelligence
threat assessments and other analytic counterintelligence products,
including in-depth espionage damage assessments.
The DNI has designated the National Counterintelligence Executive
as the Mission Manager for Counterintelligence. As Mission Manager, the
National Counterintelligence Executive works through the National
Counterintelligence Policy Board to meet the goals of the nation's
strategic counterintelligence mission. Partner organizations on the
Board include, but are not limited to: Central Intelligence Agency;
Department of Defense/Joint Chiefs of Staff; Department of Energy;
Department of Homeland Security; Department of Justice/ Federal Bureau
of Investigation and Department of State.
The system of records published herewith contains information about
acts of espionage or other intelligence-related crimes. Accordingly, to
protect classified and sensitive law enforcement information and to
prevent the compromise of counterintelligence investigations and
methods, the DNI is proposing to exempt this system of records from
certain portions of the Privacy Act and to continue to exempt from
certain portions of the Privacy Act those records for which the source
agency claimed exemption.
As required by the Privacy Act, a proposed rule is being published
concurrently with this notice to seek public comment on the proposal to
exempt this system. In accordance with 5 U.S.C. 552a(r), the ODNI has
provided a report of this new system of records to the Office of
Management and Budget and to Congress.
Dated: December 13, 2007.
John F. Hackett,
Director, Information Management Office.
SYSTEM NAME:
Damage Assessment Records (ONCIX/ODNI-001).
SECURITY CLASSIFICATION:
The classification of records in this system can range from
UNCLASSIFIED to CLASSIFIED.
SYSTEM LOCATION:
Office of the National Counterintelligence Executive (ONCIX),
Office of the Director of National Intelligence (ODNI), Washington, DC
20505.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals convicted of or indicted for espionage or other
intelligence-related crimes; individuals whose identities and
government affiliation are known or believed to have been compromised
as a result of unauthorized disclosures; individuals interviewed in
response to significant and particular unauthorized disclosures of
classified information or individuals mentioned in such interviews,
including colleagues of individuals convicted of or indicted for
espionage or intelligence-related crimes or individuals with any
knowledge of the facts surrounding the unauthorized disclosure;
individuals who may have knowledge of facts surrounding significant and
particular unauthorized disclosures of classified information.
CATEGORIES OF RECORDS IN THE SYSTEM:
Final damage assessments; records about unauthorized disclosures of
classified material including law enforcement records (e.g.,
convictions, subpoenae, rap sheets) and records of investigations
conducted by the FBI or other law enforcement elements; transcripts of
ONCIX debriefings/interviews with individuals charged with or convicted
of intelligence crimes, and with associates potentially knowledgeable
of the disclosure or the resulting damage to national security;
publicly available information about and psychological evaluations/
profiles of the individuals charged/convicted of
[[Page 73899]]
espionage or intelligence crimes; personal information and personally
identifiable information (such as address, phone number, social
security number (SSN), date of birth (DOB)) belonging to individuals
charged or convicted or other individuals interviewed in connection
with an investigation of the disclosure or assessment of the damage.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Intelligence Reform and Terrorism Prevention Act of 2004, Pub.
L. 108-458, 118 Stat. 3638 (Dec. 17, 2004); The Counterintelligence
Enhancement Act of 2002, as amended, 50 U.S.C. 402b, 402c; The National
Security Act of 1947, as amended, 50 U.S.C. 401-442; Exec. Order No.
12,333, 46 Fed. Reg. 59,941 (1981); Exec. Order No. 13,354, 69 Fed.
Reg. 53,589 (2004).
PURPOSE:
The ONCIX Counterintelligence Damage Assessment Record System
supports the ONCIX's statutory responsibility to evaluate the extent to
which the national security or the nation's intelligence activities may
have been compromised as a result of the record subject's unauthorized
disclosure of classified material.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Final Damage Assessments may be disclosed as set forth in the
General Routine Uses Applicable to More Than One ODNI Privacy Act
System of Records, Subpart C of the ODNI's Privacy Act Regulation
published concurrently with this notice and incorporated by reference
(see also http://www.dni.gov).
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic records are stored in secure file-servers located within
secure facilities under the control of the ODNI. Paper and other hard
copy records are stored in secured areas within the control of ONCIX.
RETRIEVABILITY:
The records in this system are retrieved by name, personal
identifier, subject matter.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
recommended and/or prescribed administrative, physical, and technical
safeguards. Records are maintained in a secure government facility with
access to the facility limited to only authorized personnel or
authorized and escorted visitors. Physical security protections include
guards and locked facilities requiring badges and passwords for access.
Records are accessed only by authorized government personnel and
contractors holding an appropriate security clearance and who have a
``need to know.'' Software controls are in place to limit access, and
other safeguards exist to monitor and audit access and to detect
intrusions. Communications are encrypted where required.
RETENTION AND DISPOSAL:
Pursuant to 44 U.S.C. 3303a(d) and 36 CFR Chapter 12, Subchapter B,
Part 1228-Disposition of Federal Records, records will not be disposed
of until such time as the National Archives and Records Administration
(NARA) approves an applicable ODNI Records Control Schedule.
SYSTEM MANAGER(S) AND ADDRESS:
ONCIX Damage Assessment system Manager, c/o Director, Information
Management Office, Office of the Director of National Intelligence,
Washington DC 20511.
NOTIFICATION PROCEDURES:
As specified below, records in this system have been exempted from
certain notification, access and amendment procedures. Individuals
seeking to learn if this system contains information about them should
address inquiries to the ONCIX at the address and according to the
requirements set forth below under the heading ``Record Access
Procedures.''
RECORD ACCESS PROCEDURES:
As specified below, records in this system have been exempted from
certain notification, access, and amendment procedures. A request for
access to non-exempt records shall be made in writing with the envelope
and letter clearly marked ``Privacy Act Request.''
Requesters shall provide their full name and complete address. The
requester must sign the request and have it verified by a notary
public. Alternately, the request may be submitted under 28 U.S.C. 1746,
certifying the requester's identity and acknowledging that obtaining a
record under false pretenses constitutes a criminal offense. Requests
for access to information must be addressed to the Director,
Information Management Office, Office of the Director of National
Intelligence, Washington, DC 20511. Regulations for obtaining access to
records or for appealing an initial determination concerning access to
records are contained in the ODNI Privacy Act regulation, published in
this volume of the Federal Register.
CONTESTING RECORD PROCEDURES:
As specified below, records in this system have been exempted from
certain notification, access and amendment procedures. Individuals
seeking to correct or amend non-exempt records should address their
requests to the ONCIX at the address and according to the requirements
set forth above under the heading ``Record Access Procedures.''
Regulations regarding requests to amend, for disputing the contents of
one's record or for appealing initial determinations concerning these
matters are contained in the ODNI Privacy Act regulation, published in
this volume of the Federal Register.
RECORD SOURCE CATEGORIES:
Records derived from human and record sources consulted in the
course of investigating disclosure of classified information.
EXEMPTIONS:
Records contained within this System of Records may be exempted
from the requirements of subsections (c)(3); (d)(1),(2),(3),(4); (e)(1)
and (e)(4),(G),(H),(I); and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(1) and (k)(2). Records may be exempted from these subsections
or, additionally, from the requirements of subsections (c)(4);
(e)(2),(3),(5),(8) and(12); and (g) of the Privacy Act consistent with
any exemptions claimed under 5 U.S.C. 552a(j) or (k) by the originator
of the record, provided the reason for protecting the record from
disclosure remains valid and necessary.
[FR Doc. E7-25272 Filed 12-27-07; 8:45 am]
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