80 FR 30187 - Privacy Act of 1974: Implementation

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Federal Register Volume 80, Issue 101 (May 27, 2015)

The Office of the Director of National Intelligence (ODNI) proposes to exempt two new systems of records from subsections (c)(3); (d)(1),(2),(3),(4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the Privacy Act. With respect to the existing system of records named ODNI Information Technology Systems Activity and Access Records (ODNI-19), the ODNI proposes to invoke subsection (k)(2) as an additional rationale for exempting records from these provisions of the Privacy Act. The ODNI has previously established a rule, published on March 28, 2008, that will preserve the exempt status of records it receives when the reason for the exemption remains valid.

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Proposed Rules]
[Pages 30187-30189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12767]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1701


Privacy Act of 1974: Implementation

AGENCY: Office of the Director of National Intelligence.

ACTION: Proposed rule.

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SUMMARY: The Office of the Director of National Intelligence (ODNI) 
proposes to exempt two new systems of records from subsections (c)(3); 
(d)(1),(2),(3),(4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the 
Privacy Act. With respect to the existing system of records named ODNI 
Information Technology Systems Activity and Access Records (ODNI-19), 
the ODNI proposes to invoke subsection (k)(2) as an additional 
rationale for exempting records from these provisions of the Privacy 
Act. The ODNI has previously established a rule, published on March 28, 
2008, that will preserve the exempt status of records it receives when 
the reason for the exemption remains valid.

DATES: Submit comments on or before July 6, 2015.

ADDRESSES: You may submit comments by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
    Email: [email protected].
    Mail: Information Management Division, Office of the Director of 
National Intelligence, Washington, DC 20511.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, Director, 
Information Management Division, Office of the Chief Information 
Officer, Office of the Director of National Intelligence, Washington, 
DC 20511; 703-874-8085.

SUPPLEMENTARY INFORMATION: In compliance with the Privacy Act, 5 U.S.C. 
552a(e)(4), the ODNI describes in the notice section of this Federal 
Register the following two new systems of records: Counterintelligence 
Trends Analyses Records (ODNI/NCSC-002) and Insider Threat Program 
Records (ODNI-22). As permitted by the Privacy Act, 5 U.S.C. 552a(k), 
pursuant to this rulemaking, the Director of National Intelligence 
(DNI) is invoking exemption of records in these systems from the 
requirements of certain provisions of the Privacy Act, as described 
herein. In addition, the DNI is invoking subsection 552a(k)(2) as a 
further basis of exemption for records contained in the existing system 
entitled Information Technology Systems Activity and Access Records 
(ODNI-19).

Regulatory Flexibility Act

    This proposed rule affects the manner in which the ODNI collects 
and maintains information about individuals. The ODNI certifies that 
this rulemaking will not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, no regulatory flexibility 
analysis is required for this rule.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the ODNI to comply with small entity requests for 
information and advice about compliance with statutes and regulations 
within the ODNI's jurisdiction. Any small entity that has a question 
regarding this document may address it to the information contact 
listed above. Further information regarding SBREFA is available on the 
Small Business Administration's Web page at http://www.sga.gov/advo/law/law_lib.html.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the

[[Page 30188]]

ODNI consider the impact of paperwork and other burdens imposed on the 
public associated with the collection of information. There are no 
information collection requirements associated with this proposed rule 
and therefore no analysis of burden is required.

Executive Order 12866, Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' 
within the meaning of Executive Order 12866. This rule will not have an 
annual effect on the economy of $100 million or more or otherwise 
adversely affect the economy or sector of the economy in a material 
way; will not create inconsistency with or interfere with other agency 
action; will not materially alter the budgetary impact of entitlements, 
grants, fees, or loans or the right and obligations of recipients 
thereof; or raise legal or policy issues arising out of legal mandates, 
the President's priorities, or the principles set forth in the 
Executive Order. Accordingly, further regulatory evaluation is not 
required.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, 109 Stat. 48 (Mar. 22, 1995) requires Federal agencies to 
assess the effects of certain regulatory actions on State, local, and 
tribal governments, and the private sector. This proposed rule imposes 
no Federal mandate on any State, local, or tribal government or on the 
private sector. Accordingly, no UMRA analysis of economic and 
regulatory alternatives is required.

Executive Order 13132, Federalism

    Executive Order 13132 requires the ODNI to examine the implications 
for the distribution of power and responsibilities among the various 
levels of government resulting from this proposed rule. The ODNI 
concludes that the proposed rule does not affect the rights, roles, and 
responsibilities of the States, involves no preemption of State law, 
and does not limit State policymaking discretion. This rule has no 
federalism implications as defined by the Executive Order.

Environmental Impact

    The ODNI has reviewed this action for purposes of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347 and has 
determined that this action will not have a significant effect on the 
human environment.

Energy Impact

    The energy impact of this action has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 
as amended, 42 U.S.C. 6362. This rulemaking is not a major regulatory 
action under the provisions of the EPCA.

List of Subjects in 32 CFR Part 1701

    Records, Privacy Act.

    For the reasons stated in the preamble, the ODNI proposes to amend 
32 CFR part 1701 as follows:

PART 1701--ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974

0
1. The authority citation for part 1701 continues to read as follows:

    Authority: 50 U.S.C. 401-442; 5 U.S.C. 552a.

0
2. Revise Sec.  1701.24 to read as follows:


Sec.  1701.24  Exemption of Office of the Director of National 
Intelligence (ODNI) systems of records.

    (a) The ODNI may invoke its authority to exempt the following 
systems of records from the requirements of subsections (c)(3); 
(d)(1),(2),(3) and (4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the 
Privacy Act to the extent that information in the system is subject to 
exemption pursuant subsections (k)(1), (k)(2), or (k)(5) of the Act as 
noted in the existing system notice entitled ODNI Information 
Technology Systems Activity and Access Records (ODNI-19) and in the 
following new systems notices:
    (1) Counterintelligence Trends Analyses Records (ODNI/NCSC-002).
    (2) Insider Threat Program Records (ODNI-22).
    (b) Exemptions of records in these systems from any or all of the 
enumerated requirements may be necessary for the following reasons:
    (1) From subsection (c)(3) (accounting of disclosures) because an 
accounting of disclosures from records concerning the record subject 
would specifically reveal an intelligence or investigative interest on 
the part of the ODNI or recipient agency and could result in release of 
properly classified national security or foreign policy information.
    (2) From subsections (d)(1), (2), (3) and (4) (record subject's 
right to access and amend records) because affording access and 
amendment rights could alert the record subject to the investigative 
interest of intelligence or law enforcement agencies or compromise 
sensitive information classified in the interest of national security. 
In the absence of a national security basis for exemption, records in 
this system may be exempted from access and amendment to the extent 
necessary to honor promises of confidentiality to persons providing 
information concerning a candidate for position. Inability to maintain 
such confidentiality would restrict the free flow of information vital 
to a determination of a candidate's qualifications and suitability.
    (3) From subsection (e)(1) (maintain only relevant and necessary 
records) because it is not always possible to establish relevance and 
necessity before all information is considered and evaluated in 
relation to an intelligence concern. In the absence of a national 
security basis for exemption under subsection (k)(1), records in this 
system may be exempted from the relevance requirement pursuant to 
subsections (k)(2) and (k)(5) because it is not possible to determine 
in advance what exact information may assist in non-criminal law 
enforcement investigations or in determining the continued eligibility 
of an individual for access to classified information. Seemingly 
irrelevant details, when combined with other data, can provide a useful 
composite for investigatory and evaluation purposes.
    (4) From subsections (e)(4)(G) and (H) (publication of procedures 
for notifying subjects of the existence of records about them and how 
they may access records and contest contents) because the system is 
exempted from subsection (d) provisions regarding access and amendment, 
and from the subsection (f) requirement to promulgate agency rules. 
Nevertheless, the ODNI has published notice concerning notification, 
access, and contest procedures because it may in certain circumstances 
determine it appropriate to provide subjects access to all or a portion 
of the records about them in a system of records.
    (5) From subsection (e)(4)(I) (identifying sources of records in 
the system of records) because identifying sources could result in 
disclosure of properly classified national defense or foreign policy 
information, intelligence sources and methods, and investigatory 
techniques and procedures. Notwithstanding its proposed exemption from 
this requirement, ODNI identifies record sources in broad categories 
sufficient to provide general notice of the origins of the information 
it maintains in its systems of records.
    (6) From subsection (f) (agency rules for notifying subjects to the 
existence of records about them, for accessing and amending records, 
and for assessing

[[Page 30189]]

fees) because the system is exempt from subsection (d) provisions 
regarding access and amendment of records by record subjects. 
Nevertheless, the ODNI has published agency rules concerning 
notification of a subject in response to his request if any system of 
records named by the subject contains a record pertaining to him and 
procedures by which the subject may access or amend the records. 
Notwithstanding exemption, the ODNI may determine it appropriate to 
satisfy a record subject's access request.

    Dated: May 19, 2015.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2015-12767 Filed 5-26-15; 8:45 am]
 BILLING CODE 9500-01-P