Notice2022-13573
Privacy Act of 1974; System of Records
Primary source
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Published
June 24, 2022
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the Department of Defense (DoD) is establishing a new Department-wide system of records titled, "Counterintelligence Functional Services," DoD-0010. This system of records covers DoD's maintenance of records about counterintelligence functional services (CIFS). The purpose of CIFS is to protect Department resources and personnel from foreign adversaries who seek to exploit sensitive information, operations, and agency programs to the detriment of the U.S. Government. The DoD is issuing a Notice of Proposed Rulemaking, which proposes to exempt this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 87 Issue 121 (Friday, June 24, 2022)</title>
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[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37841-37844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13573]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD-2022-OS-0065]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Defense (DoD) is establishing a new Department-wide system of records
titled, ``Counterintelligence Functional Services,'' DoD-0010. This
system of records covers DoD's maintenance of records about
counterintelligence functional services (CIFS). The purpose of CIFS is
to protect Department resources and personnel from foreign adversaries
who seek to exploit sensitive information, operations, and agency
programs to the detriment of the U.S. Government. The DoD is issuing a
Notice of Proposed Rulemaking, which proposes to exempt this system of
records from certain provisions of the Privacy Act, elsewhere in
today's issue of the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before July 25,
2022. The Routine Uses are effective at the close of the comment
period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for Privacy, Civil Liberties and
Freedom of Information, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700; <a href="/cdn-cgi/l/email-protection#c9869a8de78d998a859d8d89a4a8a0a5e7a4a0a5"><span class="__cf_email__" data-cfemail="9ad5c9deb4decad9d6cededaf7fbf3f6b4f7f3f6">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing ``Counterintelligence Functions Services
(CIFS),'' DoD-0010, as a DoD-wide Privacy Act system of records. A DoD-
wide System of Records Notice (SORN) supports multiple DoD paper or
electronic recordkeeping systems operated by more than one DoD
component that maintain the same kind of information about individuals
for the same purpose. Establishment of DoD-wide SORNs helps DoD
standardize the rules governing the collection, maintenance, use, and
sharing of personal information in key areas across the enterprise.
DoD-wide SORNs also reduce duplicative and overlapping SORNs published
by separate DoD components. The creation of DoD-wide
[[Page 37842]]
SORNs is expected to make locating relevant SORNs easier for DoD
personnel and the public, and create efficiencies in the operation of
the DoD privacy program.
The Counterintelligence (CI) mission is critical to the protection
of DoD personnel, installations, and activities; the Defense Industrial
Base (DIB); and the National Industrial Security Program (NISP). To
further this mission, the Department is authorized to gather
individuals' information to protect against espionage, intelligence
activities, sabotage, or assassinations conducted by foreign entities
or international terrorists. CIFS activities include support to the
following CI missions: counter-espionage; international terrorism; and
support to force protection, research, development, and acquisition.
CIFS also include CI incident assessments and required CI reporting
that is conducted throughout DoD. CI activities not covered under this
SORN are CI investigations and CI collection activities; those
activities are conducted within the Department solely by the Military
Department Counterintelligence Organizations (MDCOs). The CIFS SORN
records contain information on both Federal employees, uniformed
service members, contractors, and members of the public. The CIFS
system of records contains data derived from government records
(Federal, state, and local) and information collected directly from the
public.
Additionally, DoD is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in today's issue of the Federal Register.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: June 21, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
``Counterintelligence Functional Services (CIFS),'' DoD-0010.
SECURITY CLASSIFICATION:
Unclassified; Classified.
SYSTEM LOCATION:
A. Department of Defense (Department or DoD), located at 1000
Defense Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations.
B. Information may also be stored within a government-certified
cloud, implemented and overseen by the Department's Chief Information
Officer (CIO), 6000 Defense Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
A. Director for Defense Counterintelligence, Law Enforcement &
Security, Office of the Under Secretary of Defense for Intelligence &
Security, 1000 Defense, Pentagon, Washington, DC 20301-1100 who is also
responsible for implementing policy for the CIFS program within DoD.
B. The three Military Department Counterintelligence Organizations
(MDCOs): Air Force Office of Special Investigations (AFOSI), Naval
Criminal Investigation Services (NCIS), and U.S. Army Intelligence and
Security Command (INSCOM), each of which supports certain Department
components in the operation of the CIFS program. Department components
are assigned to and supported by the three MDCOs; or through their
designated units. Although AFOSI, NCIS and INSCOM may conduct CIFS on
behalf of units assigned to them, most CIFS activities are conducted by
the components themselves with support by the MDCOs. DoD components
include the Military Departments of the Army, Air Force (including the
U.S. Space Force), and Navy (including the U.S. Marine Corps), field
operating agencies, major commands, field commands, installations, and
activities. To contact the system manager at the DoD component with
oversight of the records, go to <a href="http://www.FOIA.gov">www.FOIA.gov</a> to locate the contact
information for each component's Freedom of Information Act (FOIA)
office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
National Security Agency Act of 1959, as amended (Pub. L. 86-36)
(codified at 50 U.S.C. 3601 et seq.); the Foreign Intelligence
Surveillance Act (FISA), as amended (Pub. L. 95-511) (codified at 50
U.S.C. 1801 et seq.); 44 U.S.C. Subchapter II (3551-3559), Information
Security (Federal Information Security Modernization Act of 2014
(FISMA); 50 U.S.C. 3381, Coordination of Counterintelligence
Activities; Executive Order (E.O.) 12333, as amended, United States
intelligence activities; E.O. 13526, Classified National Security
Information; National Security Directive 42, National Policy for the
Security of National Security Telecommunications and Information
Systems; E.O. 9397 (SSN), as amended by E.O. 13478.
PURPOSE(S) OF THE SYSTEM:
A. To manage the CI Awareness and Reporting program; provide
briefings on concerns of treason, spying, espionage, sabotage,
terrorism, subversion, sedition, and other suspicious matters of
related CI interest for threat identification and mitigation.
B. To provide CI support (such as information collection, records
review and agency coordination) to assess threats against DoD
operations, data, personnel, facilities, and systems. CI support is
integrated into all DoD missions, specifically including the following
mission areas and programs: arms control and other international
weapons treaties; counter-proliferation and countering weapons of mass
destruction; DoD foreign visitors program and foreign personnel
exchange programs; counterintelligence screening of military
applicants; DoD antiterrorism and force protection programs; military
operations and exercises; cyber operations; DoD insider threat program;
critical infrastructure protection; operations security programs;
research, development, and acquisition programs; and other defense and
national security activities as assigned to the DoD in accordance with
applicable law and policy.
C. To conduct CI Incident Assessments; examine information of CI
interest and determine whether a CI investigation may be warranted;
liaise, conduct coordination and de-conflict assessments with
intelligence, security, military, and law enforcement (LE) agencies in
the area of operations.
D. To conduct specialized technical services such as analysis of
information technology from auditing and monitoring for systems;
provide polygraph and credibility assessment support, surveillance and
technical surveillance countermeasures (TSCM) activities, and digital
and biometric forensics activities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals involved in, mentioned in, and/or subject to CI
reporting requirements or CI incident assessments; individuals to whom
reporting pertains; individuals within DoD's investigatory
jurisdiction,
[[Page 37843]]
including military and civilian employees or individuals employed by
contractors. Records may also include information about other types of
individuals not covered by the system, such as complainants, sources,
subjects, and witnesses.
CATEGORIES OF RECORDS IN THE SYSTEM:
CIFS records include CI awareness and reporting records, threat
assessment records, incident assessment records, and records produced
as a result of CI specialized technical services. These records may
contain the following data elements as necessary.
A. Personal information such as: names, social security numbers,
DoD/ID numbers, employee identification numbers, date and place of
birth, addresses, contact information; biometric information,
fingerprints and retinal data; medical/psychological information;
travel identification information (passport, visa, resident alien),
driver's license information (state, number, and expiration date,
etc.); biographic information, family and dependent information;
gender, race/ethnicity, and property information.
B. Employment Information such as: position/title, rank/grade, duty
station; work address, email address, supervisor's name and contact
information; military records, personnel security information,
employment personnel files, financial information (to include tax
identification information), financial reports and transaction data;
and education and training records.
Note: This system of records does not encompass records
collected, used, and maintained for CI investigations or CI
collection activities.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from: Individuals, government sources (Federal, state, local,
tribal and foreign), social media, periodicals, newspapers, information
from commercial databases; and information from classified sources to
include intelligence reports, security sources, law enforcement
information, and correspondence.
USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF
USERS AND 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, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a Routine Use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or other review as
authorized by the Inspector General Act.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute, treaty, or authorized mission.
K. To third parties during the course of an authorized inquiry to
the extent necessary to obtain information pertinent to the inquiry,
provided disclosure is appropriate to the proper performance of the
official duties of the DoD official making the disclosure.
L. To U.S. Government officials for the purpose of addressing
compromises of classified information including the information
compromised, implications of disclosure of intelligence sources and
methods, investigative data on compromises, and statistical and
substantive analysis of the data.
M. To U.S. Government agencies or organizations for the purpose of
performing audit or oversight operations as authorized by law or
executive order, but only such information as is necessary and relevant
to such audit or oversight function.
N. To appropriate Federal, state, local, territorial, tribal,
foreign or international agencies having jurisdiction over the
substance of the allegations or a related investigative interest in
criminal law enforcement investigations, including statutory
violations, counter-intelligence, counter-espionage and counter-
terrorist activities and other security matters for the purpose of
executing or enforcing laws designed to protect the national security
or homeland security of the United States, to include activities
described in 6 U.S.C. 485(a)(5), Domestic Security; 6 U.S.C. 482,
Facilitating homeland security information sharing procedures;
Intelligence Reform and Terrorism Protection Act of 2004; and E.O.
13388, Further Strengthening the Sharing of Terrorism Information to
Protect Americans.
O. To designated officers, contractors, and employees of Federal,
state, local, territorial, tribal, international, or foreign agencies
for the purpose of the hiring, detailing, liaising, or retention of
[[Page 37844]]
an individual, the conduct of a suitability or security investigation,
the letting of a contract, or the issuance of a license, grant or other
benefit, to the extent that the information is relevant and necessary
to the agency's decision on the matter and that the employer is
appropriately informed about information that relates to or may impact
an individual's suitability or eligibility.
P. To Federal and foreign government intelligence or
counterterrorism agencies or components when DoD becomes aware of an
indication of a threat or potential threat to national or international
security, or when such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
Q. To a criminal, civil, or regulatory law enforcement authority
(whether Federal, state, local, territorial, tribal, international, or
foreign) when the information is necessary for collaboration,
coordination, and de-confliction of investigative matters, to avoid
duplicative or disruptive efforts, and for the safety of officers who
may be working on related investigations.
R. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations in response to a subpoena from a court of competent
jurisdiction.
S. To a court, prosecutor, and/or defense attorney in satisfaction
of the agency's obligations under the Jencks Act, 18 U.S.C. 3500;
Giglio v. United States, 405 U.S. 150 (1972); or Brady v. Maryland, 373
U.S. 83 (1963).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by personal and employment data elements
that may identify the individual to whom the reporting pertains,
including, but not limited to, name, social security number, DoD/ID or
employment identification number, and email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed of in accordance with National
Archives and Records Administration Schedules and authorized DoD
Component Records Disposition Schedules. The retention period for
specific records may be obtained by contacting the system manager for
the Component.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely employs
safeguards such as the following to information systems and paper
recordkeeping systems: Multifactor log-in authentication including
Common Access Card (CAC) authentication and password; physical token as
required; physical and technological access controls governing access
to data; network encryption to protect data transmitted over the
network; disk encryption securing disks storing data; key management
services to safeguard encryption keys; masking of sensitive data as
practicable; mandatory information assurance and privacy training for
individuals who will have access; identification, marking, and
safeguarding of PII; physical access safeguards including multifactor
identification physical access controls, detection and electronic alert
systems for access to servers and other network infrastructure; and
electronic intrusion detection systems in DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD office with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system of records.
The public may identify the contact information for the appropriate DoD
office through the following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written
requests should contain the name and number of this system of records
notice along with the full name, current address, and email address of
the individual. Please provide additional identifying information for
the records, if relevant, DoD ID Number or Defense Benefits Number,
date of birth, and telephone number of the individual. In addition, the
requester must provide either a notarized statement or an unsworn
declaration made in accordance with 28 U.S.C. 1746, in the appropriate
format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend or correct the content of records
about them should follow the procedures in 32 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
DoD has exempted records maintained in this system from 5 U.S.C.
552a(c)(3); (d)(1), (2), (3) and (4); (e)(1); (e)(4)(G), (H) and (I);
and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
and (k)(5), as applicable. 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 310. In
addition, when exempt records received from other systems of records
become part of this system, DoD also claims the same exemptions for
those records that are claimed for the prior system(s) of records of
which they were a part, and claims any additional exemptions set forth
here.
HISTORY:
None.
[FR Doc. 2022-13573 Filed 6-23-22; 8:45 am]
BILLING CODE 5001-06-P
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