[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63427-63428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24398]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
32 CFR Part 1701
Privacy Act Systems of Records
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 two (2) 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, and invoking subsection (k)(2) as an
additional basis for exempting records from these provisions of the Act
with respect to one (1) existing system of records. The ODNI published
a notice and a proposed rule implementing these exemptions on May 27,
2015. 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. The ODNI received no comments regarding the proposed rule.
DATES: This final rule is effective October 20, 2015.
FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, Director,
Information Management Division, 703-874-8085.
SUPPLEMENTARY INFORMATION:
Background
On May 27, 2015, the Office of the Director of National
Intelligence (ODNI) published notice of two new Privacy Act systems of
records: Counterintelligence Trends Analyses Records (ODNI/NCSC-002)
and Insider Threat Program Records (ODNI-22). These systems of records
contain records that range from Unclassified to Top Secret.
Accordingly, in conjunction with publication of these systems notices,
and pursuant to exemption authority afforded the head of the agency by
the Privacy Act, the ODNI initiated a rulemaking to exempt the systems
in relevant part from provisions identified at subsection (k) of the
Act (enumerated above). The proposed rulemaking also sought to amend
the system of records entitled Information Technology Systems Activity
and Access Records (ODNI-19), originally published at 76 FR 42742 (July
19, 2011), by adding subsection (k)(2) of the Privacy Act as a basis
for exempting records covered by that system from the provisions noted.
The affected systems notices and proposed exemption rule
[[Page 63428]]
are published at 80 FR 30271 and 30187.
This final rule differs from the proposed rule in that it deletes
from 32 CFR 1701.24 a list of ODNI Systems of Records Notices (SORNs).
The proposed rule would have added the newly published SORNs to this
listing. In lieu of revising the ODNI Privacy Act Regulation as SORNs
are published or rescinded, ODNI will periodically publish a
consolidated list of new, updated or deleted SORNs.
Public Comments
None.
Final Rule: Implementation of Exemption Rule and Systems Notices
Absent comment or objection from any member of the public, the ODNI
has determined to issue the proposed exemption rule in final form and
to implement the new and amended systems of records as described. The
exemptions proposed are necessary and appropriate to protect
intelligence equities undergirding ODNI's mission and functions and,
narrowly applied, they do so consistent with privacy principles. By
restrictively construing the exemptions to apply only to records that
satisfy thresholds articulated in subsection (k), ODNI achieves the
goal of balancing intelligence-related equities with fair information
principles and values.
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), Pub. L.
94-163) as amended, 42 U.S.C. 6362.
List of Subjects in 32 CFR Part 1701
Administrative practice and procedure, Privacy.
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 paragraphs (a) 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 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 records covered by the systems are subject to exemption pursuant
subsection (k) of the Act.
* * * * *
Dated: August 27, 2015.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2015-24398 Filed 10-19-15; 8:45 am]
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