[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Proposed Rules]
[Pages 30187-30189]
[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: DNI-FederalRegister@dni.gov.
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
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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
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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
