[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Proposed Rules]
[Pages 43629-43631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18187]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1701


Privacy Act of 1974: Implementation

AGENCY: Office of the Director of National Intelligence.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Office of the Director of National Intelligence (ODNI) 
proposes to exempt six new systems of records from certain provisions 
of the Privacy Act. In addition, the ODNI proposes to invoke a 
subsection of the Privacy Act

[[Page 43630]]

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: Submit comments on or before August 30, 2011.

ADDRESSES: You may submit comments by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
    Mail: Director, Information Management Office, Office of the 
Director of National Intelligence, Washington, DC 20511.

FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Director, 
Information Management Office, (703) 275-2215.

SUPPLEMENTARY INFORMATION: As required by the Privacy Act, 5 U.S.C. 
552a(e)(4), the ODNI describes in the notice section of today's Federal 
Register the following new systems of records: Human Resources Records; 
Personnel Security Records; Freedom of Information Act, Privacy Act and 
Mandatory Declassification Review Request Records; IT Systems Activity 
and Access Records, Security Clearance Reciprocity Hotline Records; and 
IT Network Support, Administration and Analysis Records. For the 
reasons stated herein, ODNI seeks the ability in administering these 
records to invoke the exemptions permitted by subsection (k) of the 
Privacy Act as may be necessary to protect records of intelligence or 
investigative interest. 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) 
at 73 FR 166531 (March 28, 2008).

Regulatory Flexibility Act

    This proposed rule affects the manner in which ODNI collects and 
maintains information about individuals. ODNI certifies that this 
rulemaking will not have a significant economic impact on a substantial 
number of small entities. Accordingly, pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, no regulatory flexibility analysis 
is required for this rule.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the ODNI to comply with small entity requests for 
information and advice about compliance with statutes and regulations 
within the ODNI jurisdiction. Any small entity that has a question 
regarding this document may address it to the information contact 
listed above. Further information regarding SBREFA is available on the 
Small Business Administration's Web page at http://www.sga.gov/advo/law/law_lib.html.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the ODNI consider the impact of paperwork and other burdens 
imposed on the public associated with the collection of information. 
There are no information collection requirements associated with this 
proposed rule and therefore no analysis of burden is required.

Executive Order 12866, Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' 
within the meaning of Executive Order 12866. This rule will not have an 
annual effect on the economy of $100 million or more or otherwise 
adversely affect the economy or sector of the economy in a material 
way; will not create inconsistency with or interfere with other agency 
action; will not materially alter the budgetary impact of entitlements, 
grants, fees or loans or the rights and obligations of recipients 
thereof; or raise legal or policy issues arising out of legal mandates, 
the President's priorities or the principles set forth in the Executive 
Order. Accordingly, further regulatory evaluation is not required.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, 109 Stat. 48 (Mar. 22, 1995), requires Federal agencies to 
assess the effects of certain regulatory actions on State, local, and 
tribal governments, and the private sector. This proposed rule imposes 
no Federal mandate on any State, local, or tribal government or on the 
private sector. Accordingly, no UMRA analysis of economic and 
regulatory alternatives is required.

Executive Order 13132, Federalism

    Executive Order 13132 requires ODNI to examine the implications for 
the distribution of power and responsibilities among the various levels 
of government resulting from this proposed rule. ODNI concludes that 
the proposed rule does not affect the rights, roles and 
responsibilities of the States, involves no preemption of State law and 
does not limit State policymaking discretion. This rule has no 
federalism implications as defined by the Executive Order.

Environmental Impact

    The ODNI has reviewed this action for purposes of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347, and has 
determined that this action will not have a significant effect on the 
human environment.

Energy Impact

    The energy impact of this action has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 
as amended, 42 U.S.C. 6362. This rulemaking is not a major regulatory 
action under the provisions of the EPCA.

List of Subjects in 32 CFR Part 1701

    Records and Privacy Act.

    For the reasons set forth above, ODNI proposes to amend 32 CFR part 
1701 as follows:

PART 1701--ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974

    1. The authority citation for part 1701 continues to read as 
follows:

    Authority:  50 U.S.C. 401-441; 5 U.S.C. 552a.

Subpart B--[Amended]

    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 may invoke its authority to exempt the following 
systems of records from the requirements of subsections (c)(3); (d)(1), 
(2), (3) and (4); (e)(1); (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).

[[Page 43631]]

    (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: July 14, 2011.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2011-18187 Filed 7-20-11; 8:45 am]
BILLING CODE P