[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67599-67600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28442]
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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: Final rule.
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SUMMARY: The Office of the Director of National Intelligence (ODNI) is
issuing a final rule exempting six new systems of records from certain
provisions of the Privacy Act. In addition, the ODNI invokes a
subsection of the Privacy Act as an additional basis for exempting
records in ODNI/OIG-003 (Office of Inspector General Investigation and
Interview Records, published in the Federal Register on Dec. 28, 2007)
from these provisions of the Act.
DATES: This final rule is effective November 2, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Chief,
Information Management Group, (703) 874-8085.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2011, the Office of the Director of National
Intelligence (ODNI) published notice of the following new systems of
records: Human Resources Records (ODNI-16); Personnel Security Records
(ODNI-17); Freedom of Information Act, Privacy Act and Mandatory
Declassification Review Request Records (ODNI-18); IT Systems Activity
and Access Records (ODNI-19); Security Clearance Reciprocity Hotline
Records (ODNI-20); and IT Network Support, Administration and Analysis
Records (21). These systems of records contain records that range from
Unclassified to Top Secret. In conjunction with publication of these
systems notices, the ODNI initiated a rulemaking to exempt the systems
of records, in relevant part, from subsections (c)(3); (d)(1), (2),
(3), (4); (e)(1) and (e)(4)(G), (H),(I); and (f) of the Privacy Act
pursuant to exemption authority afforded agency heads by subsection (k)
of the Privacy Act. The systems notices and proposed exemption rule are
published at 76 FR 42737 and 43629. The enumerated exemptions will be
invoked on a case-by-case basis, as necessary to preclude interference
with investigatory, intelligence and counterterrorism functions and
responsibilities of the ODNI.
Public Comments
ODNI received a single comment on its proposed rule and six new
systems of records notices. ODNI has determined that the comment
received does not warrant modifying the proposed exemptions or the
systems notices prior to implementation.
Regulatory Flexibility Act
This rule affects only the manner in which ODNI collects and
maintains information about individuals. ODNI certifies that this
rulemaking does not impact small entities and that analysis under the
Regulatory Flexibility Act, 5 U.S.C. 601-612, is not required.
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 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.sba.gov/advo/laws/law-lib.html.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 944 U.S.C. 3507(d)) requires
that the 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
rule and therefore no analysis of burden is required.
Executive Order 12866, Regulatory Planning and Review
This rule is not a ``significant regulatory action,'' within the
meaning of Executive Order 12866. This rule will not adversely affect
the economy or a 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 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 agencies to examine the implications
for the distribution of power and responsibilities among the various
levels of government resulting from their rules. ODNI concludes that
this 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
This rulemaking will not have a significant effect on the human
environment under the provisions of the National Environmental Policy
Act of 1969 (NEPA), 42 U.S.C. 4321-4347.
Energy Impact
This rulemaking is not a major regulatory action under the
provisions of the Energy Policy and Conservation Act (EPCA), Public Law
94-163) as amended, 42 U.S.C. 6362.
[[Page 67600]]
List of Subjects in 32 CFR Part 1701
Privacy, Reporting and recordkeeping requirements.
For the reasons set forth above, ODNI amends 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.
Subpart B--[Amended]
0
2. Amend Sec. 1701.24 by revising paragraph (a) introductory text, and
adding paragraphs (a)(15) through (a)(20), and (b)(7) through (b)(12),
to read as follows:
Sec. 1701.24 Exemption of Office of the Director of National
Intelligence (ODNI) systems of records.
(a) The ODNI exempts the following systems of records from the
requirements of subsections (c)(3); (d)(1),(2),(3) and (4); (e)(1);
(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 individual new
systems notices and in the existing system notice entitled Office of
Inspector General Investigation and Interview Records (ODNI/OIG-003),
published at 72 FR 37902 (December 28, 2007):
* * * * *
(15) Human Resources Records (ODNI-16).
(16) Personnel Security Records (ODNI-17).
(17) Freedom of Information Act, Privacy Act and Mandatory
Declassification Review Requests Records (ODNI-18).
(18) IT Systems Activity and Access Records (ODNI-19).
(19) Security Clearance Reciprocity Hotline Records (ODNI-20).
(20) IT Network Support, Administration and Analysis Records (ODNI-
21).
(b) * * *
(7) 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.
(8) 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.
(9) 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
subsection (k)(5) because it is not possible to determine in advance
what exact information may assist in determining the qualifications and
suitability of a candidate for position. Seemingly irrelevant details,
when combined with other data, can provide a useful composite for
determining whether a candidate should be appointed.
(10) 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.
(11) 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.
(12) From subsection (f) (agency rules for notifying subjects to
the existence of records about them, for accessing and amending
records, and for assessing 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: October 19, 2011.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2011-28442 Filed 11-1-11; 8:45 am]
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