[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30271-30282]
[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: Dni-FederalRegister@dni.gov.
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
