[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37841-37844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov.
    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 https://www.regulations.gov 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 www.FOIA.gov 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: www.FOIA.gov. 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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