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DHS/OS RIN: 1601-AA98 Publication ID: Spring 2021 
Title: Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/ALL-046 Counterintelligence Program System of Records  

In accordance with the Privacy Act of 1974, 5 U.S.C. sec. 552a, Department of Homeland Security (DHS) proposes to issue a new DHS system of records titled, DHS/ALL-046 Counterintelligence Program System of Records.

DHS developed the Counterintelligence (CI) Program to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of Foreign Intelligence Entities (FIE). FIEs are known or suspected foreign state or non-state organizations or persons that conduct intelligence activities to acquire information about the United States, block or impair intelligence collection by the United States Government, influence United States policy, or disrupt systems and programs owned or operated by or within the United States, all of which may impact or influence DHS operations and missions. The term includes foreign intelligence and security services, international terrorists, transnational criminal organizations, and drug trafficking organizations conducting intelligence-related activities.

DHS is creating this new CI program system of records to account for the expansion of the Department’s CI program beyond the Office of Intelligence and Analysis (I&A) and the United States Coast Guard (USCG) to include Cybersecurity and Infrastructure Security Agency (CISA), Countering Weapons of Mass Destruction Office (CWMD), Federal Emergency Management Agency (FEMA), Federal Protective Service (FPS), Transportation Security Administration (TSA), U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Secret Service (USSS).

Some DHS counterintelligence records previously covered under the DHS/IA-001 Enterprise Records System (ERS) system of records notice (SORN) will now be part of the Department’s CI Program SORN. This notice does not rescind, revoke, or supersede the ERS SORN insofar as program offices in I&A will continue to maintain records separate from the CI program within that system of records.

Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 6 CFR 5, app. C     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Title II and Title VIII, section 892 of the Homeland Security Act of 2002    Public Law 107-296    116 Stat. 2135 (Nov. 25, 2002), as amended (6 U.S.C. 121, et seq.)    Executive Order 12333, United States Intelligence Activities, 46 Fed. Reg. 59941 (December 4, 1981), reprinted as amended in 73 Fed. Reg. 45325 (July 30, 2008)    Executive Order 13526, Classified National Security Information, 75 Fed. Reg. 707 (January 5, 2010)    Executive Order 13556, Controlled Unclassified Information, 75 Fed. Reg. 68675 (November 9, 2010)    Executive Order 13388, Further Strengthening the Sharing of Terrorism Information to Protect Americans, 70 Fed. Reg. 62023 (October 27, 2005)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/14/2020  85 FR 80667   
NPRM Comment Period End  01/13/2021 
Final Rule  06/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
James Holzer
Deputy Chief Privacy Officer
Department of Homeland Security
Privacy Office, 2701 Martin Luther King Jr. Avenue SE,
Washington, DC 20528
Phone:202 343-1717