80 FR 30271 - Privacy Act of 1974; System of Records

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

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

Page Range30271-30282
FR Document2015-12764

The Office of the Director of National Intelligence (ODNI) provides notice that it is establishing two (2) new Privacy Act systems of records, updating and amending four (4) existing Privacy Act systems of records, and rescinding two (2) Privacy Act systems of records. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records maintained by the agency (5 U.S.C. 552a(e)(4)).

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30271-30282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12764]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE


Privacy Act of 1974; System of Records

AGENCY: Office of the Director of National Intelligence.

ACTION: Notice.

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SUMMARY: The Office of the Director of National Intelligence (ODNI) 
provides notice that it is establishing two (2) new Privacy Act systems 
of records, updating and amending four (4) existing Privacy Act systems 
of records, and rescinding two (2) Privacy Act systems of records. This 
action is necessary to meet the requirements of the Privacy Act to 
publish in the Federal Register notice of the existence and character 
of records maintained by the agency (5 U.S.C. 552a(e)(4)).

DATES: This action will be effective on July 6, 2015, 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.
    Email: [email protected].
    Mail: Director, Information Management Division, Office of the 
Director of National Intelligence, Washington, DC 20511.

FOR FURTHER INFORMATION CONTACT: Jennifer Hudson, Director, Information 
Management Division, 703-874-8085.

SUPPLEMENTARY INFORMATION: The ODNI was created by the Intelligence 
Reform and Terrorism Prevention Act of 2004 (IRTPA), Public Law 108-
458, 118 Stat. 3638 (Dec. 17, 2004). ODNI published its final Privacy 
Act Regulation on March 28, 2008 (73 FR 16531), codified at 32 CFR part 
1701. It published twelve (12) Privacy Act systems of records notices 
on December 28, 2007 (72 FR 73887); fourteen (14) Privacy Act systems 
of records notices on April 2, 2010 (75 FR 16853) and seven (7) systems 
of records notices on July 19, 2011 (76 FR 42737). It now adds two (2) 
systems of records to its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a). These new systems of records are:

[[Page 30272]]

Counterintelligence Trends Analyses Records (ODNI/NCSC-002) and Insider 
Threat Program Records (ODNI-22). To protect classified and sensitive 
personnel or law enforcement information contained in these systems, 
the Director of National Intelligence is proposing to exempt these 
systems of records from certain portions of the Privacy Act where 
necessary, as permitted by law. As required by the Privacy Act, a 
proposed rule is being published concurrently with this notice seeking 
public comment regarding exemption of these systems. The ODNI has 
previously established a rule that it will preserve the exempt status 
of records it receives when the reason for the exemption remains valid. 
See 32 CFR part 1701.20(a)(2) (73 FR at 16537). The two new systems of 
records are subject to the General Routine Uses Applicable to More than 
One ODNI Privacy Act System of Records, subpart C of ODNI's Privacy Act 
Regulation published at 32 CFR part 1701 (73 FR 16531, 16541). ODNI/
NCSC-002 articulates an additional routine use permitting disclosure of 
records in that system to U.S. Government personnel engaged in covered 
counterintelligence trends analyses.
    Several systems of records are being updated to reflect some 
combination of changes in the categories of record subjects, categories 
of records maintained, purposes for which the records are used, title, 
records control schedule, or technology/systems management. These 
systems of records are: Equal Employment Opportunity and Diversity 
Office (EEOD) Records (ODNI-10), originally published at 75 FR 16861 
(April 2, 2010) and now renamed ``Office of Intelligence Community 
Equal Employment Opportunity and Diversity Office (EEOD) Records;'' 
Security Clearance Reform Research Records (ODNI-13), originally 
published at 75 FR 16865 (April 2, 2010) and now renamed ``Security 
Clearance Reform Research and Oversight Records;'' National 
Counterterrorism Center (NCTC) Online (ODNI/NCTC-005), originally 
published at 72 FR 73892 (December 28, 2007) and now renamed ``NCTC 
Current.''
    In addition, Privacy Act system of records ODNI-19 (Information 
Technology Systems Activity and Access Records), originally published 
at 76 FR 42742 (July 19, 2011), is being amended to add subsection 
(k)(2) of the Privacy Act as an additional basis for exempting records 
in that system from those provisions of the Act enumerated at 5 U.S.C. 
552a(k). A proposed rulemaking supporting this notice addresses ODNI's 
intention to amend the exemption language of ODNI-19. This is the sole 
amendment to ODNI-19.
    Finally, the ODNI provides notice that it is rescinding two systems 
of records. The system of records entitled National Counterintelligence 
Center (NACIC) System of Records, published at 62 FR 8995-01 (February 
27, 1997), is rescinded because the National Counterintelligence Center 
(NACIC) no longer exists as an independent agency, its functions having 
been transferred under section 1011 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 to the Office of the National 
Counterintelligence Executive (now the National Counterintelligence and 
Security Center) within the ODNI (Pub. L. 108-458; 116 Stat. 3638). The 
system of records entitled Analytic Resources Catalog (ARC), published 
at 75 FR 16859 (April 2, 2010), is rescinded pursuant to termination of 
the activity and decommissioning of the electronic system.
    In accordance with 5 U.S.C. 552(r), the ODNI has provided a report 
of these new and altered systems of records to the Office of Management 
and Budget and to Congress.

    Dated: May 19, 2015.
Jennifer Hudson,
Director, Information Management Division.
SYSTEM NAME:

Counterintelligence Trends Analyses Records (ODNI/NCSC-002)

SECURITY CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    National Counterintelligence and Security Center (NCSC), Office of 
the Director of National Intelligence (ODNI), Washington, DC 20505.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals convicted of or the subject of a criminal complaint, or 
indicted for espionage or other crime(s) relating to U.S. national 
security; individuals conspiring with or working on behalf of foreign 
criminal organizations and convicted of or charged with criminal 
activity including, but not limited to, corruption and theft of 
government records for the benefit of a foreign entity or activity; 
individuals linked to foreign or transnational criminal organizations, 
foreign intelligence organizations, or international terrorist 
organizations and subject to administrative processes or penalties for 
such activity or association; individuals interviewed by U.S. 
Government personnel or mentioned in such interviews who have been 
identified in connection with or who have provided relevant information 
in relation to espionage, crimes related to U.S. national security, 
foreign criminal organizations, international terrorist organizations, 
or unauthorized disclosures of sensitive or classified information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include law enforcement records (e.g., convictions, 
subpoenas, rap sheets, investigatory or administrative files), court 
documents (e.g., indictments, criminal complaints, plea agreements), 
NCSC debriefings and interviews with record subjects or their 
associates and related damage assessments, intelligence or law 
enforcement reporting on above individuals; and biographical profiles 
of and personally identifiable information belonging to individuals 
covered by the system.

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. 3031, et seq.; the 
National Security Act of 1947, as amended, 50 U.S.C. 3001, et seq.; 
Executive Order 12333, 46 FR 59,941 (1981); Executive Order 13354, 69 
FR 53,589 (2004).

PURPOSE:
    To facilitate development of counterintelligence trend analyses 
that can be applied to: (1) Improving U.S. Government personnel 
security, counterintelligence, and insider threat programs, policies, 
and procedures; (2) developing training and instruction to identify 
threats and mitigate associated risks; (3) promoting cooperative 
research and analyses within and among U.S. Government elements on 
counterintelligence, insider threat, and personnel security issues that 
have policy implications; and (4) identifying best practices.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records in this system are shared with U.S. Government personnel 
conducting the analyses described herein. Records or findings 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 ODNI's 
Privacy Act Regulation published at 32 CFR part 1701 (73 FR 16531, 
16541) and incorporated by reference.

[[Page 30273]]

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 within U.S. 
Government facilities. Paper and other hard copy records are stored in 
secured areas within the control of NCSC.

RETRIEVABILITY:
    The records in this system are retrieved by name, personal 
identifier, or subject matter. Only authorized personnel may search 
this system.

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 U.S. 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. System backup is maintained separately.

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:
    NCSC CI Trends System Manager, c/o Director, Information Management 
Division, 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 NCSC at the system manager address above 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.'' Pursuant to ODNI's 
Privacy Act Regulation at 32 CFR 1701.7(d), requesters shall provide 
their full name and complete address, date and place of birth, 
citizenship status, alien registration number (if applicable), and date 
that status was acquired. Additional or clarifying information may be 
sought to ascertain identity. Requesters also must provide sufficient 
details to facilitate locating the record. The requester must sign the 
request and have it verified by a notary public. Alternatively, the 
request may be submitted under 28 U.S.C. 1746, certifying the 
requester's identity and understanding that obtaining a record under 
false pretenses constitutes a criminal offense. Requests for access to 
information must be addressed to the Director, Information Management 
Division, Office of the Director of National Intelligence, Washington, 
DC 20511. Regulations governing access to one's records or for 
appealing an initial determination concerning access to records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

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 direct their 
requests to the NCSC at the system manager 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, 73 FR 16531 (March 28, 2008).

RECORD SOURCE CATEGORIES:
    Records derived from human and record sources consulted in the 
course of investigating disclosure of sensitive or 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.
SYSTEM NAME:
    Revise system name as follows:
National Counterterrorism Center Current (ODNI/NCTC-005)

SECURITY CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    National Counterterrorism Center (NCTC), Office of the Director of 
National Intelligence (ODNI), Washington, DC 20511.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals known or suspected to be or have been engaged in 
conduct constituting, in preparation for, in aid of, or related to 
terrorism or counterterrorism; and individuals who offer information 
pertaining to terrorism and counterterrorism. The system also contains 
information about individuals who have access to the system for 
counterterrorism purposes.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Classified and unclassified intelligence possessed or acquired by 
the United States Government pertaining to terrorism and 
counterterrorism; message traffic (cables); finished intelligence 
products and results of intelligence analysis, and reporting (including 
law enforcement information); information gleaned through links to 
other systems, databases and collaborative features such as email, 
communities of interest, and on-line chat rooms; information systems 
security analysis and reporting; publicly available information 
(including information contained in media reports and commercial 
databases); data concerning the providers of information; and 
information from other sources necessary to fulfill the mission of 
NCTC.

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 National Security Act 
of 1947, as amended, 50 U.S.C. 401-442;

[[Page 30274]]

Executive Order 13354, 69 FR 53,589 (2004); Executive Order 12333, as 
amended, 46 FR 59,941 (1981).

PURPOSE(S):
    Revise current paragraph as follows:
    National Counterterrorism Center Current is maintained for the 
purpose of compiling, assessing, analyzing, integrating, and 
disseminating information relating to terrorism and counterterrorism.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    See General Routine Uses Applicable to More Than One ODNI Privacy 
Act System of Records, Subpart C of ODNI's Privacy Act Regulation 
published in 32 CFR part 1701 (16531, 16541) 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:
    Electronic records are stored in secure files-servers located 
within secure facilities under the control of NCTC. Paper and other 
hard-copy records are stored in secured areas within the control of 
NCTC.

RETRIEVABILITY:
    By name, social security number, or other identifier. Information 
may be retrieved from the System of Records by automated or hand 
searches based on existing indices and automated capabilities utilized 
in the normal course of business. Only authorized personnel with a need 
to know may search this system.

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 or contractor 
facility with access to the facility limited to authorized personnel 
only and 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 appropriate security 
clearances and who have a valid business reason to access the records. 
Communications are encrypted where required and other safeguards are in 
place to monitor and audit access and to detect intrusions. Backup 
tapes are maintained in a secure, off-site location.

RETENTION AND DISPOSAL:
    Revise current paragraph as follows:
    Pursuant to 44 U.S.C. 3303a(d) and 36 CFR Chapter 12, Subchapter B, 
Part 1228--Disposition of Federal Records, records in this system will 
be dispositioned in accordance with records controls schedules N1-576-
08-1; CT-4; and CT-5.

SYSTEM MANAGER(S) AND ADDRESS:
    Revise current paragraph to read as follows:
    NCTC Current System Manager, c/o Director, Information Management 
Division, Office of the Director of National Intelligence, Washington, 
DC 20511.

NOTIFICATION PROCEDURES:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
learn whether this system contains non-exempt information about them 
should address inquiries to the ODNI at the address and according to 
the requirements set forth below under the heading ``Record Access 
Procedures.''

RECORD ACCESS PROCEDURES:
    Revise current paragraph as follows:
    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.'' Pursuant to ODNI's 
Privacy Act Regulation at 32 CFR 1701.7(d), requesters shall provide 
their full name and complete address, date and place of birth, 
citizenship status, alien registration number (if applicable), and date 
that status was acquired. Additional or clarifying information may be 
sought to ascertain identity. Requesters also must provide sufficient 
details to facilitate locating the record. 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 understanding that obtaining a record under 
false pretenses constitutes a criminal offense. Requests for access to 
information must be addressed to the Director, Information Management 
Division, Office of the Director of National Intelligence, Washington, 
DC 20511. Regulations governing access to one's records or for 
appealing an initial determination concerning access to records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

CONTESTING RECORD PROCEDURES:
    Revise current paragraph to read as follows:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
correct or amend non-exempt records should address their requests to 
the ODNI at the address and according to the requirements set forth 
above under the heading ``Records Access Procedures.'' Regulations 
governing access to and amendment of one's records or for appealing an 
initial determination concerning access to or amendment of records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

RECORD SOURCE CATEGORIES:
    Information may be obtained from diplomatic, financial, military, 
homeland security, intelligence or law enforcement activities relating 
to counterterrorism or from any federal, state, or local government; 
foreign government information; private sector or public source 
material; information from other sources necessary to fulfill the 
mission of NCTC.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Records contained in 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), (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 the exemption 
remains valid and necessary.
SYSTEM NAME:

Analytic Resources Catalog (ARC) (ODNI-07)

SYSTEM CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    Office of the Director of National Intelligence, Washington, DC 
20511.

[[Page 30275]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former staff (employees, detailees, assignees and 
contractors) of the Intelligence Community (IC) elements, including 
military personnel and other federal employees with intelligence 
analysis duties.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records, including the Analyst Yellow Pages, reflecting the 
assignments, expertise, education, specialized foreign language and 
other skills, and experiences of federal government employees and 
contractors performing intelligence analysis duties; pre-set reports 
and other documentation about analytic resources at each IC element and 
across the IC.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The National Security Act of 1947, as amended, 50 U.S.C. 401-442; 
Executive Order 12333, as amended (73 FR 45325); and Executive Order 
9397, as amended (73 FR 70239).

PURPOSE:
    Records in this system are used to: Locate IC and other 
intelligence analysts for collaborative activities; identify analysts 
authorized to access on-line collaboration zones; obtain information 
about the expertise, skills and educational backgrounds of IC and other 
intelligence analysts; obtain aggregate information about the use of 
analytic resources across the IC; and assist in management and planning 
functions of each IC element and of the IC as a whole.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    See General Routine Uses Applicable to More than One ODNI Privacy 
Act System of Records, Subpart C of ODNI's Privacy Act Regulation 
published at 32 CFR part 1701 (73 FR 16531, 16541) and incorporated by 
reference (see also http://www.dni.gov). In addition, as routine uses 
specific to this system, the ODNI may disclose relevant ARC records to 
the following persons or entities and under the circumstances or for 
the purposes described below:
    (a) A record from this system of records may be disclosed, as a 
routine use, to appropriately cleared and authorized staff of the IC 
elements in order to identify and locate intelligence analysts 
possessing specific expertise, skills or experiences for the purpose of 
collaborative analytic endeavors.
    (b) A record from this system of records may be disclosed, as a 
routine use, to appropriately cleared and authorized staff of the IC 
elements whose responsibility it is to assess the depth and strength of 
the IC's analytic skills, expertise and experience and for other 
workforce management, budgeting or planning purposes.

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 control of the ODNI.

RETRIEVABILITY:
    Records about individual analysts can be searched and retrieved 
based on name or other key word (e.g., degrees held, foreign language 
ability, country or intelligence area of specialization) pertinent to 
analytic expertise.

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 whose 
official duties require access to the records. Communications are 
encrypted where required and other safeguards are in place to monitor 
and audit access and to detect intrusions. System backup is maintained 
separately.

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:
    ARC Program Manager, c/o Director, Information Management, Office 
of the Director of National Intelligence, Washington, DC 20511.

NOTIFICATION PROCEDURES:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
learn whether this system contains non-exempt information about them 
(``notification'') should address inquiries to the ODNI 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 understanding 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 of the Director of National Intelligence, Washington, DC 20511. 
Regulations governing access to one's records or for appealing an 
initial determination concerning access to records are contained in the 
ODNI regulation implementing the Privacy Act.

CONTESTING RECORD PROCEDURES:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
correct or amend non-exempt records should address their requests to 
the ODNI at the address and according to the requirements set forth 
above under the heading ``Records Access Procedures.'' Regulations 
governing access to and amendment of one's records or for appealing an 
initial determination concerning access to or amendment of records are 
contained in the ODNI regulation implementing the Privacy Act.

RECORDS SOURCE CATEGORIES:
    Records in the system are obtained directly from individual 
analysts and from their employing agencies' human resource information 
systems.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Records contained in 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). Records may be exempted from these

[[Page 30276]]

subsections or, additionally, from the requirements of subsections 
(c)(4); (e)(2), (3), (5), (8), (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 the exemption 
remains valid and necessary.

SYSTEM NAME:
    Revise current paragraph to read as follows:
    Office of Intelligence Community Equal Employment Opportunity and 
Diversity (IC EEOD) Records (ODNI-10)

SECURITY CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    Office of the Director of National Intelligence (ODNI), Washington, 
DC 20511.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Revise current paragraph to read as follows:
    Individuals covered by this system of records include Office of the 
Director of National Intelligence (ODNI) current and former staff and 
contract employees, personal services independent contractors, 
employees of industrial contractors, military or civilian personnel 
detailed or assigned to the ODNI, Intergovernmental Personnel Act 
personnel detailed to the ODNI, and applicants for employment with the 
ODNI who: (1) Have consulted an Equal Employment Opportunity (EEO) 
Counselor and/or filed a formal complaint alleging discrimination or 
reprisal; (2) initiated a harassment allegation with an appropriate 
supervisor or an EEO Counselor; (3) are the responding management 
official or witness in a discrimination or harassment complaint; (4) 
have made requests for reasonable accommodation or retirement on the 
basis of a disability.

CATEGORIES OF RECORDS IN THE SYSTEM
    Revise current paragraph to read as follows:
    Records relating to the EEO complaints process as directed by 29 
CFR part 1614, including: (1) Information collected by an EEO counselor 
or investigator relating to EEO inquiries, allegations of 
discrimination or reprisal, and records relating to alternative dispute 
resolution; (2) sworn affidavits or statements from relevant witnesses; 
(3) documents, electronic communications, statistical summaries, 
investigative reports, and similar records. Records collected for 
consideration by the ODNI, the U.S. Equal Employment Opportunity 
Commission, or federal courts in rendering decisions under relevant 
laws or Executive Orders. Records also may include: information and 
communications relating to compliance activities resulting from 
decisions, opinions, recommendations, and settlement agreements; agency 
administrative files, internal and external communications, case 
disposition records, and records relating to procedural and substantive 
case management; records related to a report of harassment and formal 
inquiry, including statements of witnesses, reports of interviews, 
written summary of the inquiry, findings, recommendations, decisions, 
corrective action taken, and related correspondence; records relating 
to requests made by individuals or offices for reasonable 
accommodations based on disability (including medical records), notes 
or records made during consideration of requests, the products or 
services provided in response to such requests, and/or information 
related to the decisions for the denial or approval of a reasonable 
accommodation request, and records made to implement or track decisions 
on requests; and records regarding individuals who apply for retirement 
on the basis of medical disabilities.
    In addition, information and records may be collected and retained 
for analysis, reporting, and review to comply with Executive and 
Legislative Branch requirements, or as authorized by Intelligence 
Community Directives and Instructions as necessary to execute the 
duties of IC EEOD.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Revise current paragraph to read as follows:
    The National Security Act of 1947, as amended, 50 U.S.C. 3002-3231; 
Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay 
Act of 1963 (EPA), as amended; the Age Discrimination in Employment Act 
of 1967 (ADEA), as amended; the Rehabilitation Act of 1973, as amended; 
the Americans with Disabilities Act (ADA), as amended; the Genetic 
Information Non-Discrimination Act of 2008 (GINA); the Architectural 
Barriers Act of 1968, as amended; the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act); the 
Federal Records Act of 1950, as amended; U.S. Equal Employment 
Opportunity Commission Management Directives 110 and 715; 29 CFR parts 
1614, 1630 and 1635; 44 U.S.C. 3101 et. seq; Executive Order 12333, as 
amended (73 FR 45325); Executive Order 13526, as amended (75 FR 707); 
Executive Order 12968, as amended (73 FR 38103); Executive Order 13164 
(65 FR 46565); Executive Order 11478 (34 FR 12985), as amended by 
Executive Order 13087 (63 FR 30097) and Executive Order 13152 (65 FR 
26115); and Equal Employment Opportunity Commission's Policy Guidance 
on Executive Order 13164: Establishing Procedures to Facilitate the 
Provision of Reasonable Accommodation, Directives Transmittal Number 
915.002, October 20, 2000.

PURPOSE(S):
    Revise current paragraph to read as follows:
    Records in this system enable the DNI to carry out lawful and 
authorized responsibilities under myriad statutes, regulations, and 
guidance governing equal employment opportunity. These records are 
maintained for the purpose of counseling, investigating, and 
adjudicating complaints of employment discrimination or reprisal; 
providing information for review by the Equal Employment Opportunity 
Commission, providing information for federal court review; conducting 
internal investigations into allegations of harassment and taking 
appropriate action; considering, deciding, implementing, and tracking 
requests for and action taken in response to requests for provision of 
reasonable accommodations based on medical disability, and processing 
Agency certification of reassignment and accommodations efforts to 
support Disability Retirement Packages.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Revise current paragraph to read as follows:
    See General Routine Uses Applicable to More Than One ODNI Privacy 
Act System of Records, Subpart C of ODNI's Privacy Act Regulation 
published at 32 CFR part 1701 (73 FR 16531, 16541) 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:
    Revise current paragraph to read as follows:
    Paper records are stored in secured areas within the ODNI. 
Electronic

[[Page 30277]]

records are stored in file servers located at secure government 
facilities.

RETRIEVABILITY:
    Revise current paragraph to read as follows:
    By name, and/or case number of the aggrieved person. By name of 
alleged discriminator or harasser. By name of the individual requesting 
reasonable accommodation or medical disability retirement. Information 
may be retrieved from this system of records by automated or hand 
search based on indices and automated capabilities utilized in the 
normal course of business. All searches of this system of records will 
be performed in ODNI offices by authorized personnel.

SAFEGUARDS:
    Revise current paragraph to read as follows:
    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 authorized personnel only, and 
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 appropriate security clearances, and whose official 
duties require access to the records. The required use of password 
protection identification features and other system protection methods 
also restricts access to electronic information. Communications are 
encrypted where required and other safeguards are in place to monitor 
and audit access, and to detect intrusions. Backup tapes are maintained 
in a secure, off-site location.

RETENTION AND DISPOSAL:
    Revise current paragraph to read as follows:
    EEOD records covered by the National Archives and Records Control 
(NARA) General Records Schedule 1-24 through 1-27 will be retained and 
disposed according to those provisions, EEOC Management Directive 110, 
and EEOC's Policy Guidance on Executive Order 13164: Establishing 
Procedures to Facilitate the Provision of Reasonable Accommodation, 
Directives Transmittal Number 915.002, October 20, 2000. Any other EEOD 
records will be disposed of in accordance with NARA Control Schedule 
N1-576-11-9.

SYSTEM MANAGER(S) AND ADDRESS:
    Revise current paragraph to read as follows:
    Chief, Office of Intelligence Community Equal Employment 
Opportunity and Diversity, Office of the Director of National 
Intelligence, Washington, DC 20511.

NOTIFICATION PROCEDURES:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
learn whether this system contains non-exempt information about them 
should address inquiries to the ODNI at the address and according to 
the requirements set forth below under the heading ``Record Access 
Procedures.''

RECORD ACCESS PROCEDURES:
    Revise current paragraph to read as follows:
    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.'' Pursuant to the 
ODNI's Privacy Act Regulation at 32 CFR 1701.7(d), requesters shall 
provide their full name and complete address, date and place of birth, 
citizenship status, alien registration number (if applicable), and date 
that status was acquired. Additional or clarifying information may be 
sought to ascertain identity. Requesters also must provide sufficient 
details to facilitate locating the record. The requester must sign the 
request and have it verified by a notary public. Alternatively, the 
request may be submitted under 28 U.S.C. 1746, certifying the 
requester's identity and understanding that obtaining a record under 
false pretenses constitutes a criminal offense. Requests for access to 
information must be addressed to the Director, Information Management 
Division, Office of the Director of National Intelligence, Washington, 
DC 20511. Regulations governing access to one's records or for 
appealing an initial determination concerning access to records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

CONTESTING RECORD PROCEDURES:
    Revise current paragraph to read as follows:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
correct or amend non-exempt records should address their requests to 
the ODNI at the address and according to the requirements set forth 
above under the heading ``Records Access Procedures.'' Regulations 
governing access to and amendment of one's records or for appealing an 
initial determination concerning access to or amendment of records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

RECORD SOURCE CATEGORIES:
    Revise current paragraph to read as follows:
    Individuals covered by this system; individuals who provide 
information during the counseling/investigation of EEO complaints or 
during harassment inquiries; EEO Counselors; EEO investigators; Human 
Resource Officers; the EEOC, federal courts, and ODNI decision makers 
(e.g., supervisors); medical and psychiatric professionals; and the 
Office of Personnel Management.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Records contained in 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), (k)(2), and (k)(5). Records may be exempted from 
these subsections or, additionally, from the requirements of 
subsections (c)(4); (e)(2), (3), (5), (8), (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 the 
exemption remains valid and necessary.
SYSTEM NAME:

Revise current system name to read as follows: Security Clearance 
Reform Research and Oversight Records (ODNI-13).

SECURITY CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    Office of the Director of National Intelligence (ODNI), Washington, 
DC 20511.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Revise current paragraph to read as follows:
    Present and former U.S. Government civilian employees, military 
members, contractor employees, experts, consultants, licensees, 
grantees, and applicants to any of the foregoing roles,

[[Page 30278]]

or any other category of person who possesses or has sought eligibility 
for a security clearance, or eligibility for a sensitive position; 
individuals whose names, exclusive of other information, are captured 
in publicly available data sets (including those obtained through 
subscription or fee).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Revise current paragraph to read as follows:
    Investigation packages including but not limited to completed 
Standard Forms 85, 85P, 86, and 86C, or their successor forms, and 
associated authorization and consent forms; position designation 
records; financial disclosure forms; records of polygraph examinations 
(including reports, charts, tapes, and polygraph interviews notes); 
name-data sets obtained from publicly available sources, including 
those obtained for fee or by subscription; records from credit, 
criminal history, and any other records from databases and sources 
checked in the conduct of suitability determinations, or background 
investigations, reinvestigations, and continuous evaluations of persons 
under consideration for or retention in sensitive national security 
positions, including positions requiring eligibility for access to 
classified information under Executive Order 12968 or any successor 
order; background investigation reports and responses from personnel 
security-related interviews and questionnaires; non-disclosure 
agreements; adjudicative records including but not limited to 
adjudicative decisions, summaries of adjudicative decisions, supporting 
information, and adjudicative processes.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The National Security Act of 1947, as amended, 50 U.S.C. 3002, et 
seq.; 5 U.S.C. 9101: Executive Order 12968, as amended (73 FR 38103); 
Executive Order 9397, as amended (73 FR 70239); Executive Order 10450, 
as amended (44 FR 1055); Executive Order 10865, as amended (68 FR 
4075); Executive Order 12333, as amended (73 FR 45325); Executive Order 
13526, as amended (75 FR 707); Executive Order 13467 (73 FR 38103).

PURPOSE(S):
    Revise current paragraph to read as follows:
    To conduct oversight, research, development, and analyses for: (1) 
Evaluating and improving U.S. Government personnel security programs, 
policies, and procedures; (2) assisting in providing training, 
instruction, and advice on personnel security vetting of subjects for 
U.S. Government elements; (3) encouraging cooperative research within 
and among U.S. Government elements on personnel security issues that 
have broad programmatic or policy implications and sharing best 
practices identified through these cooperative personnel security 
research initiatives; (4) identifying efficiencies, best practices, and 
cost saving opportunities for the conduct of personnel security 
programs across the Government; (5) evaluating the uniformity, quality, 
and efficiency of the conduct of personnel security investigations and 
adjudications, including analyses of reciprocal acceptance of such 
determinations; and (6) conducting pilot test projects regarding 
personnel security and related research in support of the mission of 
the Security Executive Agent.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    See General Routine Uses Applicable to More Than One ODNI Privacy 
Act System of Records, Subpart C of the ODNI's Privacy Act Regulation 
published at 32 CFR part 1701 (73 FR 16531, 16541) 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: Paper and other hard-copy records (computer output 
products, disks, etc.) are stored in secured areas maintained by the 
ODNI. Electronic records are stored in secure file servers located 
within secure facilities under the control of the ODNI.

RETRIEVABILITY:
    Records are retrieved by name, social security number, or other 
unique identifier. Information may be retrieved from this system of 
records by automated or hand search.

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 or contractor 
facility with access to the facility limited to authorized personnel 
only, and authorized and escorted visitors. Physical security 
protections include guards and locked facilities requiring badges and 
passwords for access. Records are accessed only by authorized personnel 
holding appropriate security clearances and whose official duties 
require access to the records. Communications are encrypted when 
required and other safeguards are in place to monitor and audit access 
and to detect intrusions. System backup is maintained separately.

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:
    Revise current paragraph to read as follows:
    Security Research or Oversight Program Manager, or their successor 
titles, c/o Director, Information Management Division, Office of the 
Director of National Intelligence, Washington, DC 20511.

NOTIFICATION PROCEDURE:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
learn whether this system contains non-exempt information about them 
should address inquiries to the ODNI at the address and according to 
the requirements set forth below under the heading ``Record Access 
Procedures.''

RECORD ACCESS PROCEDURES:
    Revise current paragraph to read as follows:
    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.'' Each request must 
provide the requester's full name and complete address. The requester 
must sign the request and have it verified by a notary public. 
Alternatively, the request may be submitted under 28 U.S.C. 1746, 
certifying the requester's identity and acknowledging that obtaining 
records under false pretenses constitutes a criminal offense. Requests 
for access to information must be addressed to the Director, 
Information Management Division, Office of the Director of National 
Intelligence, Washington, DC 20511. Regulations governing access to 
one's records or for appealing an initial determination concerning 
access to

[[Page 30279]]

records are contained in the ODNI regulation implementing the Privacy 
Act, 73 FR 16531 (March 28, 2008).

CONTESTING RECORD PROCEDURES:
    Revise current paragraph to read as follows:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
correct or amend non-exempt records should address their requests to 
the ODNI at the address and according to the requirements set forth 
above under the heading ``Record Access Procedures.'' Regulations 
governing access to and amendment of one's records or for appealing an 
initial determination concerning access or amendment of records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

RECORD SOURCE CATEGORIES:
    Revise current paragraph to read as follows:
    Records are obtained from the human resources, insider threat, and 
personnel security records of the departments and agencies of the 
Federal Government performing personnel security investigations or 
adjudications of persons under consideration for, or retention in, 
sensitive national security positions, including positions requiring 
eligibility for access to classified information under Executive Order 
12968; other government data sources and publicly available commercial 
data sets; interviews with and questionnaires completed by covered 
individuals, references, and developed references; and information 
publicly available on the World Wide Web.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Records contained in 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), (k)(2), and (k)(5). Records may be exempted from 
these subsections or additionally from the requirements of subsections 
(c)(4); (e)(2), (3), (5), (8), (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 the exemption 
remains valid and necessary.
SYSTEM NAME:

Office of the Director of National Intelligence (ODNI) Information 
Technology Systems Activity and Access Records (ODNI-19)

SECURITY CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    Office of the Director of National Intelligence, Washington, DC 
20511.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are authorized to use ODNI and Intelligence 
Community (IC) enterprise information technology resources.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include data on the use and attempted use of 
enterprise information technology resources by all individuals with 
access to these resources to include full content of audited events.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The National Security Act of 1947, as amended, 50 U.S.C. 401-442; 
the Counterintelligence Enhancement Act of 2002, as amended, 50 U.S.C. 
402b; the Federal Records Act of 1950, as amended, 44 U.S.C. 3101 et 
seq.; the Computer Security Act of 1987, 40 U.S.C. 1441 note; Executive 
Order 12333, as amended (73 FR 45325); Executive Order 12968, as 
amended (73 FR 38103); and Executive Order 13526 (75 FR 707).

PURPOSE(S):
    Data in this system will be used for evaluating the operational 
status, security, and performance of the information environment in 
support of business analytics, information security, 
counterintelligence, and law enforcement requirements (to include 
civil, criminal, and administrative investigative requirements).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    See General Routine Uses Applicable to More than One ODNI Privacy 
Act System of Records, Subpart C of ODNI's Privacy Act Regulation 
published at 32 CFR part 1701 (73 FR 16531, 16541) and incorporated by 
reference (see also http://www.dni.gov). In addition, records from this 
system of records may be disclosed to Executive Branch departments or 
agencies for the purpose of evaluating usage trends, capabilities, 
misuse of, or threats to the ODNI and IC enterprise information 
resources.

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 
the ODNI's facilities. Paper records and other media are stored in 
secured areas within such facilities.

RETRIEVABILITY:
    By name, user ID, email address, or other unique identifying search 
term.

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 authorized personnel only and 
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 appropriate security clearances and whose official 
duties require access to the records. Communications are encrypted 
where required and other safeguards are in place to monitor and audit 
access and to detect intrusions. System backup is maintained 
separately.

RETENTION AND DISPOSAL:
    Pursuant to 44 U.S.C. 3303a 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, or when 
applicable, GRS 24 and 27.

SYSTEM MANAGER(S) AND ADDRESS:
    Revise current paragraph to read as follows:
    Assistant Director of National Intelligence and IC Chief 
Information Officer; and Director of Information Technology, Mission 
Support Directorate; c/o Director, Information Management Division, 
Office of the Director of National Intelligence, Washington, DC 20511.

NOTIFICATION PROCEDURES:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
learn

[[Page 30280]]

whether this system contains non-exempt information about them should 
address inquiries to the ODNI at the address and according to the 
requirements set forth below under the heading ``Record Access 
Procedures.''

RECORD ACCESS PROCEDURES:
    Revise current paragraph as follows:
    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.'' Pursuant to ODNI's 
Privacy Act Regulation at 32 CFR 1701.7(d), requesters shall provide 
their full name and complete address, date and place of birth, 
citizenship status, alien registration number (if applicable), and date 
that status was acquired. Additional or clarifying information may be 
sought to ascertain identity. Requesters also must provide sufficient 
details to facilitate locating the record. The requester must sign the 
request and have it verified by a notary public. Alternatively, the 
request may be submitted under 28 U.S.C. 1746, certifying the 
requester's identity and understanding that obtaining a record under 
false pretenses constitutes a criminal offense. Requests for access to 
information must be addressed to the Director, Information Management 
Division, Office of the Director of National Intelligence, Washington, 
DC 20511. Regulations governing access to one's records or for 
appealing an initial determination concerning access to records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

CONTESTING RECORD PROCEDURES:
    Revise current paragraph to read as follows;
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
correct or amend non-exempt records should address their requests to 
the ODNI at the address and according to the requirements set forth 
above under the heading ``Record Access Procedures.'' Regulations 
governing access to and amendment of one's records or for appealing an 
initial determination concerning access or amendment of records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

RECORD SOURCE CATEGORIES:
    ODNI and IC enterprise audit data.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Revise current paragraph as follows:
    Records contained in this System of Records may be exempted from 
the requirements of subsections (c)(3); (d)(1), (2), (3), (4); (e)(1); 
(e)(4)(G), (H), (I); (f) and (h) of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(1), (k)(2) and (k)(5). Additionally, records may be 
exempted from the requirements of subsections (c)(4); (e)(2), (3), (5), 
(8), (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 the exemption remains valid and necessary.
SYSTEM NAME:

Insider Threat Program Records (ODNI-22)

SECURITY CLASSIFICATION:
    The classification of records in this system can range from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    Office of the Director of National Intelligence (ODNI), Washington, 
DC 20511.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Present and former U.S. Government civilian employees, military 
members, contractor employees, experts, consultants, licensees, 
grantees or any other category of person who holds or has held a 
security clearance; who serves or has served in a sensitive position.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records, including reports and analyses, pertaining to matters, 
behaviors, or conduct arising in the Counterintelligence, Personnel 
Security, Physical Security, IT Systems Security, Information 
Assurance, Human Resources, Law Enforcement, or Background/Suitability 
contexts that are consistent with the possible existence of a 
counterintelligence or security threat or that bear on the individual's 
eligibility to hold a security clearance or serve in a sensitive 
position.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The National Security Act of 1947, as amended, 50 U.S.C. 3341, et 
seq.; 5 U.S.C. 9101; Executive Order 12968, as amended (73 FR 38103); 
Executive Order 9397, as amended (73 FR 70239); Executive Order 10450, 
as amended (44 FR 1055); Executive Order 10865, as amended (68 FR 
4075); Executive Order 12333, as amended (73 FR 45325); Executive Order 
13526, as amended (75 FR 707); Executive Order 13467 (73 FR 38103); 
Executive Order 13587 (76 FR 63811); Presidential Memorandum, November 
21, 2012, National Insider Threat Policy and Minimum Standards for 
Executive Branch Insider Threat Programs.

PURPOSE(S):
    To enhance awareness of potential national security vulnerabilities 
arising from: Inadvertent as well as intentional misuse of 
authorizations and accesses; violation of established protocols and 
codes of conduct; disregard for law, regulation, or policy; or from 
encounters, relationships, or exchanges with persons who may pose a 
counterintelligence or security risk.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    See General Routine Uses Applicable to More Than One ODNI Privacy 
Act System of Records, Subpart C of the ODNI's Privacy Act Regulation 
published at 32 CFR part 1701 (73 FR 16531, 16541) 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 government facilities. Paper records are stored in secured areas 
within the control of the ODNI.

RETRIEVABILITY:
    By name, social security number, or other unique employee 
identifier; other key terms, including the names of individuals with 
whom covered individuals have interacted.

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 authorized personnel only, and 
authorized and escorted visitors. Physical security protections include 
guards and locked facilities requiring badges and passwords for access. 
Records are accessed only by authorized personnel holding appropriate 
security clearances and whose official duties require access to the 
records. Communications are encrypted where required and other 
safeguards are in place to monitor and

[[Page 30281]]

audit access, and to detect intrusions. System backup is maintained 
separately.

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:
    Director, Mission Support Directorate/Counterintelligence, c/o 
Director, Information Management Division, Office of the Director of 
National Intelligence, Washington, DC 20511.

NOTIFICATION PROCEDURE:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
learn whether this system contains non-exempt information about them 
should address inquiries to the ODNI 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.'' Each request must 
provide the requester's full name and complete address. The requester 
must sign the request and have it verified by a notary public. 
Alternatively, the request may be submitted under 28 U.S.C. 1746, 
certifying the requester's identity and acknowledging that obtaining 
records under false pretenses constitutes a criminal offense. Requests 
for access to information must be addressed to the Director, 
Information Management Division, Office of the Director of National 
Intelligence, Washington, DC 20511. Regulations governing access to 
one's records or for appealing an initial determination concerning 
access to records are contained in the ODNI regulation implementing the 
Privacy Act, 73 FR 16531 (March 28, 2008).

CONTESTING RECORD PROCEDURES:
    As specified below, records in this system are exempt from certain 
notification, access, and amendment procedures. Individuals seeking to 
correct or amend non-exempt records should address their requests to 
the ODNI at the address and according to the requirements set forth 
above under the heading ``Record Access Procedures.'' Regulations 
governing access to and amendment of one's records or for appealing an 
initial determination concerning access or amendment of records are 
contained in the ODNI regulation implementing the Privacy Act, 73 FR 
16531 (March 28, 2008).

RECORD SOURCE CATEGORIES:
    Records are obtained from self-reports, third party reports, 
systems activity monitoring activities, and electronic notifications 
triggered by interrelated U.S. Government systems, which may contain 
information from U.S. Government, public, and commercial data sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Records contained in 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), (k)(2) and (k)(5). Records may be exempted from 
these subsections or additionally, from the requirements of subsections 
(c)(4); (e)(2), (3), (5), (8), (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 the exemption 
remains valid and necessary.
SYSTEM NAME:

National Counterintelligence System of Records

SYSTEM LOCATION:
    National Counterintelligence Center, 3 WO1 NHB, Washington, DC 
20505

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Individuals who are of foreign intelligence or foreign 
counterintelligence interest and relate in any manner to foreign 
intelligence threats to US national and economic security. B. 
Applicants for, and current and former personnel of NACIC. C. 
Individuals associated with NACIC administrative operations or services 
including pertinent functions such as training, contractors and 
pertinent persons related thereto.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Director's Correspondence: Correspondence whose contents relates 
to NACIC's mission, policies, or programs; and correspondence whose 
contents relates to routine, administrative, or facilitative matters. 
2. NACIC Chronological Files: Copies of outgoing correspondence, 
memoranda, and other records signed by the Director, the Deputy 
Director, and NACIC Office Chiefs. 3. Public Relations Files: Speeches 
or public statements made by the Director and Deputy Director. 4. NACIC 
Staff Meeting Records, agendas, minutes, and staff meeting highlights. 
5. Progress Reports: six month progress reports submitted to the 
National Counterintelligence Policy Board outlining activities and 
accomplishments of the NACIC. 6. Compromised Names Database. The 
purpose of the database is to notify US intelligence community 
personnel whose names were potentially compromised as a result of 
espionage or other foreign intelligence collection activity. NACIC 
reviews pertinent reports to determine documents that were possibly 
passed in a particular case and then reviews those documents for names. 
The database contains the names of persons potentially compromised, 
date of the memo sent to the person or their employer informing them, 
the document number of where the person's name came from, document 
title, and document date. 7. Chronological Files of the PIO: Copies of 
correspondence, memoranda, and other records generated by PIO and its 
branches in assessing the effectiveness of CI operations, maintained 
for reference purposes. 8. Publications, Training Materials and 
Regional Seminars Records Maintained by PIO's Community Training 
Branch: Letters of acceptance, enrollment forms, thank you letters, 
list of attendees, list of speakers, notes, case studies, syllabus, 
training packet, magazine or newspaper articles, and other records used 
either for course development purposes or to facilitate the 
presentation of seminars. 9. Personnel Files: Individual personnel 
folders of staff employees, consultants and contract employee files 
consisting of papers documenting personnel actions; performance 
appraisals; correspondence; training documents; travel documents; 
contracts; justifications; memoranda; and administrative material. 
(Many of these files are maintained on a temporary basis while the 
individuals are detailed to the NACIC. Upon their return to their home 
agency, their file is returned with them.) 10. Freedom of Information 
Act (FOIA)/Privacy Act (PA) Requests and Legal Fields: Files created in 
response for information under the FOIA/PA, consisting of the original 
request, a copy of the reply thereto, and all related supporting files 
which may include the official file copy of requested record or copy 
thereof; files created in response to administrative appeals for 
release of

[[Page 30282]]

information denied by the NACIC, consisting of the appellant's letter, 
a copy of related supporting documents; FOIA/PA Control Files and 
Report Files; Files relating to an individual's request to amend a 
record pertaining to the individual as provided for under 5 U.S.C. 
552a(d)(2), 552a(d)(3), and to any civil action brought by the 
individual against NACIC as provided under 5 U.S.C. 552a(g); Privacy 
Act Report files of recurring reports and one-time information 
requirements relating to agency implementation including biennial 
reports to the Office of Management and Budget, and Report on New 
Systems.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Federal Records Act of 1950 Title 44, United States Code, 
Chapter 31, Section 3101; and Title 36, Code of Federal Regulations, 
Chapter XII, require Federal agencies to insure that adequate and 
proper records are made and preserved to document the organization, 
functions, policies, decisions, procedures and transactions and to 
protect the legal and financial rights of the Federal Government.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (See Statement of General Routing Uses)

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Files are maintained in computerized form and hard copy form. 
Computerized form may be stored in memory, on disk storage, on computer 
tape, or on a computer printed listing.

RETRIEVABILITY:
    Names are retrievable by automated word or hand search. NACIC will 
not permit any organization, public or private, outside the NACIC to 
have direct access to NACIC files. All searches on the NACIC data base 
and hard files will be performed on site, within NACIC space, by NACIC 
personnel.

SAFEGUARDS:
    Records and databases are maintained in a restricted area within 
NACIC and are accessed only by NACIC personnel. All employees are 
checked to insure they have recent background investigations prior to 
being assigned to NACIC and are cautioned about divulging confidential 
information or any information contained in NACIC files. Failure to 
abide by these provisions may violate certain statutes providing 
maximum severe penalties of a ten thousand-dollar fine or 10 years 
imprisonment, or both. Employees who resign or retire are also 
cautioned about divulging information acquired in their jobs. 
Registered mail is used to transmit routine hard copy records. Highly 
classified records are hand carried by employee personnel. Highly 
classified or sensitive privacy information, which is electronically 
transmitted between NACIC and other offices, is transmitted in 
encrypted form to prevent interception.

RETENTION AND DISPOSAL:
    Records evaluated as historical and permanent will be transferred 
to the National Archives after established retention periods and 
administrative needs of the NACIC have elapsed.

SYSTEM MANAGER(S) AND ADDRESS:
    Information and Privacy Coordinator, Executive Secretariat Office, 
National Counterintelligence Center, 3W01 NHB, Washington, DC 20505.

RECORD ACCESS PROCEDURES:
    A request for access to a record from the system shall be made in 
writing with the envelope and the letter clearly marked ``Privacy 
Access Request''. Include in the request your full name, complete 
address, date of birth, place of birth, notarized signature, and other 
identifying data you may wish to furnish to assist in making a proper 
search of NACIC records. A request for access to records must describe 
the records sought in sufficient detail to enable NACIC personnel to 
locate the system of records containing the record with a reasonable 
amount of effort. Whenever possible, a request for access should 
describe the nature of the record sought, and the date of the record or 
the period in which the record was compiled. The requester will also 
provide a return address for transmitting the information. Requests for 
access must be addressed to the Information and Privacy Coordinator, 
Executive Secretariat Office, National Counterintelligence Center, 3W01 
NHB, Washington, DC 20505.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should also direct their request to the Information and 
Privacy Coordinator, Executive Secretariat Office, National 
Counterintelligence Center, 3W01 NHB, Washington, DC. 20505.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Notice is hereby given that NACIC intends to exempt, from certain 
provisions of the Act, those systems of records which are (A) 
specifically authorized under criteria established by an Executive 
Order to be kept secret in the interest of national defense or foreign 
policy and (B) are in fact, properly classified pursuant to such 
Executive Order. (5 U.S.C. 552(b)(1), as amended by Pub. L. 93-502) In 
addition, pursuant to authority granted in section (j) of the Privacy 
Act (5 U.S.C. 552a (j)) the Director of NACIC has determined (C) to 
exempt from notification under subsections (e)(4)(G) and (f)(1) those 
portions of each and all systems of records which have been exempted 
from individual access under subsection (j), in those cases where the 
Information and Privacy Coordinator, determines after advice by 
responsible components, that confirmation of the existence of a record 
may jeopardize intelligence sources and methods. In such cases the 
NACIC may choose to neither confirm nor deny the existence of the 
record and may advise the individual that there is no record which is 
available to him pursuant to the Privacy Act of 1974.

[FR Doc. 2015-12764 Filed 5-26-15; 8:45 am]
 BILLING CODE 9500-01-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis action will be effective on July 6, 2015, unless comments are received that result in a contrary determination.
ContactJennifer Hudson, Director, Information Management Division, 703-874-8085.
FR Citation80 FR 30271 

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