[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16698-16700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7503]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
32 CFR Part 1701
Privacy Act of 1974: Implementation
AGENCY: Office of the Director of National Intelligence.
ACTION: Proposed rulemaking.
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SUMMARY: The Office of the Director of National Intelligence (ODNI)
proposes to exempt fourteen (14) 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, pursuant to 5 U.S.C. 552a(k).
DATES: Submit comments on or before May 12, 2010.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Director, Information Management, Office of the Director of
National Intelligence, Washington DC, 20511.
FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Director,
Information Management, (703) 275-2215.
SUPPLEMENTARY INFORMATION: In compliance with the Privacy Act, 5 U.S.C.
552a(e)(4), the ODNI describes in the notice section of today's Federal
Register the following fourteen (14) new systems of records:
Manuscript, Presentation and Resume Review Records; Executive Secretary
Action Management System Records; Public Affairs Office Records; Office
of Legislative Affairs Records; ODNI Guest Speaker Records; Office of
General Counsel Records; Analytic Resources Catalog; Intelligence
Community Customer Registry; EEO and Diversity Office Records; Office
of Protocol Records; IC Security Clearance and Access Approval
Repository; Security Clearance Reform Research Records; Civil Liberties
and Privacy Office Complaint Records, and National Intelligence Council
Consultation Records. 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 (73 FR 166531, March 28, 2008).
[[Page 16699]]
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 right and obligations of recipients
thereof; or raise legal or policy issues arising out of legal mandates,
the President's priorities or the principles set forth in the Executive
Order. Accordingly, further regulatory evaluation is not required.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, 109 Stat. 48 (Mar. 22, 1995), requires Federal agencies to
assess the effects of certain regulatory actions on State, local, and
tribal governments, and the private sector. This proposed rule imposes
no Federal mandate on any State, local, or tribal government or on the
private sector. Accordingly, no UMRA analysis of economic and
regulatory alternatives is required.
Executive Order 13132, Federalism
Executive Order 13132 requires 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:
1. The authority citation for part 1710 continues to read as
follows:
Authority: 50 U.S.C. 401-442; 5 U.S.C. 552a.
Subpart B--[Amended]
2. Add Sec. 1701.24 to subpart B 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 systems
notices:
(1) Manuscript, Presentation and Resume Review Records (ODNI-01)
(2) Executive Secretary Action Management System Records (ODNI-02)
(3) Public Affairs Office Records (ODNI-03)
(4) Office of Legislative Affairs Records (ODNI-04)
(5) ODNI Guest Speaker Records (ODNI-05)
(6) Office of General Counsel Records (ODNI-06)
(7) Analytic Resources Catalog (ODNI-07)
(8) Intelligence Community Customer Registry (ODNI-09)
(9) EEO and Diversity Office Records (ODNI-10)
(10) Office of Protocol Records (ODNI-11)
(11) IC Security Clearance and Access Approval Repository (ODNI-12)
(12) Security Clearance Reform Research Records (ODNI-13)
(13) Civil Liberties and Privacy Office Complaint Records (ODNI-14)
(14) National Intelligence Council Records (ODNI-15)
(b) Exemption of records in theses systems from any or all of the
enumerated requirements may be necessary for the following reasons:
(1) From subsection (c)(3) (accounting of disclosures) because an
accounting of disclosures from records concerning the record subject
would specifically reveal an intelligence or investigative interest on
the part of the ODNI or recipient agency and could result in release of
properly classified national security or foreign policy information.
(2) From subsections (d)(1), (2), (3) and (4) (record subject's
right to access and amend records) because affording access and
amendment rights could alert the record subject to the investigative
interest of intelligence or law enforcement agencies or compromise
sensitive information classified in the interest of national security.
In the absence of a national security basis for exemption, records in
this system may be exempted from access and amendment to the extent
necessary to honor promises of confidentiality to persons providing
information concerning a candidate for position. Inability to maintain
such confidentiality would restrict the free flow of information vital
to a determination of a candidate's qualifications and suitability.
(3) From subsection (e)(1) (maintain only relevant and necessary
records) because it is not always possible to establish relevance and
necessity before all information is considered and evaluated in
relation to an intelligence concern. In the absence of a national
security basis for exemption under subsection (k)(1), records in this
system
[[Page 16700]]
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.
(4) From subsections (e)(4)(G) and (H) (publication of procedures
for notifying subjects of the existence of records about them and how
they may access records and contest contents) because the system is
exempted from subsection (d) provisions regarding access and amendment,
and from the subsection (f) requirement to promulgate agency rules.
Nevertheless, the ODNI has published notice concerning notification,
access, and contest procedures because it may in certain circumstances
determine it appropriate to provide subjects access to all or a portion
of the records about them in a system of records.
(5) From subsection (e)(4)(I) (identifying sources of records in
the system of records) because identifying sources could result in
disclosure of properly classified national defense or foreign policy
information, intelligence sources and methods, and investigatory
techniques and procedures. Notwithstanding its proposed exemption from
this requirement, ODNI identifies record sources in broad categories
sufficient to provide general notice of the origins of the information
it maintains in its systems of records.
(6) From subsection (f) (agency rules for notifying subjects to the
existence of records about them, for accessing and amending records,
and for assessing 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: March 23, 2010.
John F. Kimmons,
Lieutenant General, USA, Director of the Intelligence Staff.
[FR Doc. 2010-7503 Filed 4-1-10; 8:45 am]
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