Privacy Act of 1974: System of Records, 31194-31197 [2019-12987]
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31194
§ 232.301
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
EDGAR Filer Manual.
Filers must prepare electronic filings
in the manner prescribed by the EDGAR
Filer Manual, promulgated by the
Commission, which sets forth the
technical formatting requirements for
electronic submissions. The
requirements for becoming an EDGAR
Filer and updating company data are set
forth in the updated EDGAR Filer
Manual, Volume I: ‘‘General
Information,’’ Version 33 (June 2019).
The requirements for filing on EDGAR
are set forth in the updated EDGAR Filer
Manual, Volume II: ‘‘EDGAR Filing,’’
Version 51 (June 2019). All of these
provisions have been incorporated by
reference into the Code of Federal
Regulations, which action was approved
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
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documents to be timely received and
accepted. The EDGAR Filer Manual is
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By the Commission.
Dated: June 7, 2019
Jill M. Peterson,
Assistant Secretary.
9857) that were published in the
Federal Register on Monday, May 13,
2019. The final regulations are relating
to combinations and separations of
qualified business units (QBUs) subject
to section 987 and the recognition and
deferral of foreign currency gain or loss
with respect to a QBU subject to section
987 in connection with certain QBU
terminations and certain other
transactions involving partnerships.
DATES: This correction is effective on
July 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Steven D. Jensen at (202) 317–6938 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9857) that
are the subject of this correction are
issued under section 987 of the Internal
Revenue Code.
Need for Correction
As published May 13, 2019 (84 FR
20790) the final regulations (TD 9857)
contain errors that need to be corrected.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.987–0 is amended by
revising the entries of the table of
contents for § 1.987–12(b) and (j) to read
as follows:
■
[FR Doc. 2019–13922 Filed 6–28–19; 8:45 am]
§ 1.987–0
BILLING CODE 8011–01–P
*
DEPARTMENT OF THE TREASURY
§ 1.987–12
loss.
Internal Revenue Service
*
26 CFR Part 1
[TD 9857]
RIN 1545–BL11
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*
Recognition and Deferral of Section
987 Gain or Loss; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
AGENCY:
This document contains
corrections to final regulations (TD
SUMMARY:
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Table of contents.
*
*
Deferral of section 987 gain or
§ 1.987–2 Attribution of items to eligible
QBUs; definition of a transfer and related
rules.
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§ 1.987–4 Determination of net
unrecognized section 987 gain or loss of a
section 987 QBU.
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(f) * * *
(2) * * * For purposes of determining
the owner functional currency net value
of the separated QBUs on the last day
of the taxable year preceding the taxable
year of separation under paragraphs
(d)(1)(B) and (e) of this section, the
balance sheets of the separated QBUs on
that day will be deemed to reflect the
assets and liabilities reflected on the
balance sheet of the separating QBU on
that day, apportioned between the
separated QBUs in a reasonable manner
that takes into account the assets and
liabilities reflected on the balance sheets
of the separated QBUs immediately after
the separation. * * *
*
*
*
*
*
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2019–13615 Filed 6–28–19; 8:45 am]
BILLING CODE 4830–01–P
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
*
*
*
*
*
(b) Gain and loss recognition in
connection with a deferral event.
*
*
*
*
*
(j) Applicability date.
*
*
*
*
*
■ Par. 3. Section 1.987–2 is amended by
revising the fifth sentence of paragraph
(c)(9)(iii) and revising paragraph (e)(1)
to read as follows:
*
(c) * * *
(9) * * *
(iii) * * * A separation may also
result when a section 987 QBU that is
subject to a grouping election under
§ 1.987–1(b)(2)(ii) changes its functional
currency. * * *
*
*
*
*
*
(e) * * *
(1) In general. Except as set forth in
paragraph (e)(2) of this section, this
section is applicable as specified in
§ 1.987–11.
*
*
*
*
*
■ Par. 4. Section 1.987–4 is amended by
revising the third sentence of paragraph
(f)(2) to read as follows:
32 CFR Part 1701
Privacy Act of 1974: System of
Records
Office of the Director of
National Intelligence.
ACTION: Final rule.
AGENCY:
The Office of the Director of
National Intelligence (ODNI) exempts a
new system of records (Continuous
Evaluation System) from the
requirements of the Privacy Act to the
extent that information in the system is
subject to the Privacy Act’s exemption
provisions. The ODNI also adds a new
SUMMARY:
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
section which restores and updates a list
of all ODNI systems of records that are
subject to Privacy Act exemption.
DATES: This rule is effective July 1,
2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Patricia Gaviria, Director, Information
Management Division, (301–243–1054).
SUPPLEMENTARY INFORMATION: In
compliance with the Privacy Act, 5
U.S.C. 552a(e)(4), ODNI has already
described in the notice section of the
Federal Register (83 FR 61395,
document 18–25970), published on
November 29, 2018, the following new
system of records: Continuous
Evaluation System (ODNI/NCSC–003).
This new system of records facilitates
implementation of the National
Counterintelligence and Security Center
(NCSC) Continuous Evaluation system,
which conducts ongoing automated
checks of security-relevant databases to
ensure that individuals who have been
determined to be eligible for access to
classified information or to hold a
sensitive position remain eligible, as
required by Executive Orders 12968 as
amended (Access to Classified
Information), and 13467 as amended
(Reforming Processes Related to
Suitability for Government
Employment, Fitness for Contractor
Employees, and Eligibility for Access to
Classified National Security
Information). The system of records will
contain biographic and personnel
security-relevant records pertaining to
current Executive Branch employees,
detailees, contractors, and other
sponsored individuals (enrollees).
In its final rule, the ODNI exempts the
above new system of records,
Continuous Evaluation System (ODNI/
NCSC–003), from certain provisions of
the Privacy Act to prevent the
compromise of classified information
and to ensure the integrity of any law
enforcement, counterintelligence, or
administrative investigation that may be
undertaken with respect to the subject
of the record.
In addition, this ODNI final rule
restores and updates the list of ODNI
exempt systems of records at 32 CFR
1701.22, as redesignated. The original
list had been deleted by final action
published at 80 FR 63427 (October 20,
2015). The restored list reflects the
updated break-down of exempt systems
of records by ODNI component.
Regulatory Flexibility Act
This final rule affects the manner in
which ODNI collects and maintains
information about individuals. ODNI
certifies that this rulemaking does not
have a significant economic impact on
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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 ODNI to comply with
small entity requests for information
and advice about compliance with
statutes and regulations within 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 https://www.sga.gov/advo/law/
law_lib.html.
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that 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 final rule and therefore no analysis
of burden is required.
Executive Order 12866, Regulatory
Planning and Review
This final rule is not a ‘‘significant
regulatory action’’ within the meaning
of Executive Order 12866. This rule
does 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; does not create inconsistency with,
or interfere with, other agency action;
does not materially alter the budgetary
impact of entitlements, grants, fees, or
loans or the rights and obligations of
recipients thereof; and does not 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
Fmt 4700
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
final rule. ODNI concludes that the final
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
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 does not have a significant
effect on the human environment.
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
Privacy Act, Records.
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
1. The authority citation for part 1701
continues to read as follows:
■
Authority: 50 U.S.C. 3002–3231; 5 U.S.C.
552a.
Subpart B—Exemption of Record
Systems Under the Privacy Act
§§ 1701.21, 1701.22, and 1701.23
[Removed]
2. Remove §§ 1701.21 through
1701.23.
■
§ 1701.24
[Redesignated as § 1701.21]
3. Redesignate § 1701.24 as § 1701.21
and revise newly redesignated § 1701.21
to read as follows:
■
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 final 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.
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Executive Order 13132, Federalism
Energy Impact
Paperwork Reduction Act
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§ 1701.21 Exemption of the Office of the
Director of National Intelligence (ODNI)
systems of records.
(a) ODNI exempts the systems of
records listed in § 1701.22 from the
requirements of paragraphs (c)(3); (d)(1),
(2), (3) and (4); (e)(1) and (e)(4)(G), (H),
and (I); and (f) of the Privacy Act (5
U.S.C. 552a) to the extent that
information in the system is subject to
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
exemption pursuant to paragraph (k)(1),
(k)(2), or (k)(5) of the Act as noted in
§ 1701.22. ODNI also derivatively
preserves the exempt status of records it
receives from source agencies when the
reason for the exemption remains valid,
as set forth in § 1701.20.
(b) Systems of records utilized by the
Office of the Intelligence Community
Inspector General (ICIG) are additionally
exempted from the requirements of
paragraphs (c)(4); (e)(2); (e)(3); (e)(5);
(e)(8); (e)(12); and (g) of the Privacy Act
(5 U.S.C. 552a) to the extent that
information in the system is subject to
exemption pursuant to paragraph (j)(2)
of the Privacy Act (5 U.S.C. 552a).
(c) Exemption of records in these
systems from any or all of the
enumerated requirements may be
necessary for the following reasons:
(1) From paragraph (c)(3) of the
Privacy Act (5 U.S.C. 552a) (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 ODNI or the recipient
agency and could result in release of
properly classified national security or
foreign policy information.
(2) From paragraph (c)(4) of the
Privacy Act (5 U.S.C. 552a) (notice of
amendment to record recipients)
because the system is exempted from
the access and amendment provisions of
paragraph (d) of the Privacy Act.
(3) From paragraphs (d)(1) through (4)
of the Privacy Act (5 U.S.C. 552a)
(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.
(4) From paragraph (e)(1) of the
Privacy Act (5 U.S.C. 552a) (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
paragraph (k)(1) of the Privacy Act (5
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U.S.C. 552a), records in this system may
be exempted from the relevance
requirement pursuant to paragraphs
(k)(2) and (5) of the Privacy Act (5
U.S.C. 552a) 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.
(5) From paragraph (e)(2) of the
Privacy Act (5 U.S.C. 552a) (collection
directly from the individual) because
application of this provision would alert
the subject of a counterterrorism
investigation, study, or analysis to that
fact, permitting the subject to frustrate
or impede the activity. Counterterrorism
investigations necessarily rely on
information obtained from third parties
rather than information furnished by
subjects themselves.
(6) From paragraph (e)(3) of the
Privacy Act (5 U.S.C. 552a) (provide
Privacy Act Statement to subjects
furnishing information) because the
system is exempted from requirements
in paragraph (e)(2) of the Privacy Act to
collect information directly from the
subject.
(7) From paragraphs (e)(4)(G) and (H)
of the Privacy Act (5 U.S.C. 552a)
(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 provisions
in paragraph (d) of the Privacy Act (5
U.S.C. 552a) regarding access and
amendment, and from the requirement
in paragraph (f) of the Privacy Act to
promulgate agency rules for notification,
access, and amendment. Nevertheless,
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.
(8) From paragraph (e)(4)(I) of the
Privacy Act (5 U.S.C. 552a) (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 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.
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(9) From paragraph (e)(5) of the
Privacy Act (5 U.S.C. 552a) (maintain
timely, accurate, complete and up-todate records) because many of the
records in the system are derived from
other domestic and foreign agency
record systems over which ODNI
exercises no control. In addition, in
collecting information for
counterterrorism, intelligence, and law
enforcement purposes, it is not possible
to determine in advance what
information is accurate, relevant, timely,
and complete. With the passage of time
and the development of additional facts
and circumstances, seemingly irrelevant
or dated information may acquire
significance. The restrictions imposed
by paragraph (e)(5) of the Privacy Act (5
U.S.C. 552a) would limit the ability of
intelligence analysts to exercise
judgment in conducting investigations
and impede development of intelligence
necessary for effective counterterrorism
and law enforcement efforts.
(10) From paragraph (e)(8) of the
Privacy Act (5 U.S.C. 552a) (notice of
compelled disclosures) because
requiring individual notice of legally
compelled disclosure poses an
impossible administrative burden and
could alert subjects of counterterrorism,
law enforcement, or intelligence
investigations to the previously
unknown fact of those investigations.
(11) From paragraph (e)(12) of the
Privacy Act (public notice of matching
activity) because, to the extent such
activities are not otherwise excluded
from the matching requirements of the
Privacy Act (5 U.S.C. 552a), publishing
advance notice in the Federal Register
would frustrate the ability of
intelligence analysts to act quickly in
furtherance of analytical efforts.
(12) From paragraph (f) of the Privacy
Act (5 U.S.C. 552a) (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
provisions in paragraph (d) of the
Privacy Act regarding access and
amendment of records by record
subjects. Nevertheless, 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, ODNI may determine it
appropriate to satisfy a record subject’s
access request.
(13) From paragraph (g) of the Privacy
Act (5 U.S.C. 552a) (civil remedies) to
the extent that the civil remedies relate
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to provisions of 5 U.S.C. 552a from
which this rule exempts the system.
■ 4. Add new § 1701.22 to read as
follows:
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§ 1701.22 ODNI systems of records
subject to exemption.
(a) ODNI systems of records subject to
exemption:
(1) Manuscript, Presentation, and
Resume Review Records (ODNI–01), 5
U.S.C. 552a(k)(1).
(2) Executive Secretary Action
Management System Records (ODNI–
02), 5 U.S.C. 552a(k)(1).
(3) Public Affairs Office Records
(ODNI–03), 5 U.S.C. 552a(k)(1).
(4) Office of Legislative Affairs
Records (ODNI–04), 5 U.S.C. 552a(k)(1).
(5) ODNI Guest Speaker Records
(ODNI–05), 5 U.S.C. 552a(k)(1).
(6) Office of General Counsel Records
(ODNI–06), 5 U.S.C. 552a(k)(1), (2), and
(5).
(7) Intelligence Community Customer
Registry (ODNI–09), 5 U.S.C. 552a(k)(1).
(8) Office of Intelligence Community
Equal Employment Opportunity and
Diversity Records (ODNI–10), 5 U.S.C.
552a(k)(1), (2), and (5).
(9) Office of Protocol Records (ODNI–
11), 5 U.S.C. 552a(k)(1).
(10) Intelligence Community Security
Clearance and Access Approval
Repository (ODNI–12), 5 U.S.C.
552a(k)(1), (2), and (5).
(11) Security Clearance Reform
Research and Oversight Records (ODNI–
13), 5 U.S.C. 552a(k)(1), (2), and (5).
(12) Civil Liberties and Privacy Office
Complaint Records (ODNI–14), 5 U.S.C.
552a(k)(1), (2), and (5).
(13) Mission Outreach and
Collaboration Records (ODNI–15), 5
U.S.C. 552a(k)(1).
(14) ODNI Human Resource Records
(ODNI–16), 5 U.S.C. 552a(k)(1).
(15) ODNI Personnel Security Records
(ODNI–17), 5 U.S.C. 552a(k)(1), (2), and
(5).
(16) ODNI Freedom of Information
Act, Privacy Act, and Mandatory
Declassification Review Request
Records (ODNI–18), 5 U.S.C. 552a(k)(1),
(2), and (5).
(17) ODNI Information Technology
Systems Activity and Access Records
(ODNI–19), 5 U.S.C. 552a(k)(1), (2), and
(5).
(18) ODNI Security Clearance
Reciprocity Hotline Records (ODNI–20),
5 U.S.C. 552a(k)(1) and (5).
(19) ODNI Information Technology
Network Support, Administration and
Analysis Records (ODNI–21), 5 U.S.C.
552a(k)(1).
(20) Insider Threat Program Records
(ODNI–22), 5 U.S.C. 552a(k)(1), (2), and
(5).
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(b) ODNI/National
Counterintelligence and Security Center
(NCSC) systems of records:
(1) Damage Assessment Records
(ODNI/NCIX–001), 5 U.S.C. 552a(k)(1)
and (2).
(2) Counterintelligence Trends
Analyses Records (ODNI/NCSC–002), 5
U.S.C. 552a(k)(1) and (2).
(3) Continuous Evaluation Records
(ODNI/NCSC–003), 5 U.S.C. 552a(k)(1),
(2), and (5).
(c) ODNI/National Counterterrorism
Center (NCTC) systems of records:
(1) NCTC Access Authorization
Records (ODNI/NCTC–002), 5 U.S.C.
552a(k)(1).
(2) NCTC Telephone Directory (ODNI/
NCTC–003), 5 U.S.C. 552a(k)(1).
(3) NCTC Knowledge Repository
(ODNI/NCTC–004), 5 U.S.C. 552a(k)(1)
and (2).
(4) NCTC Current (ODNI/NCTC–005),
5 U.S.C. 552a(k)(1) and (2).
(5) NCTC Partnership Management
Records (ODNI/NCTC–006), 5 U.S.C.
552a(k)(1).
(6) NCTC Tacit Knowledge
Management Records (ODNI/NCTC–
007), 5 U.S.C. 552a(k)(1).
(7) NCTC Terrorism Analysis Records
(ODNI/NCTC–008), 5 U.S.C. 552a(k)(1)
and (2).
(8) Terrorist Identities Records (ODNI/
NCTC–009), 5 U.S.C. 552a(k)(1) and (2).
(d) ODNI/Office of the Intelligence
Community Inspector General (ICIG)
systems of records:
(1) OIG Human Resources Records
(ODNI/OIG–001), 5 U.S.C. 552a(k)(1)
and (5).
(2) OIG Experts Contact Records
(ODNI/OIG–002), 5 U.S.C. 552a(k)(1)
and (5).
(3) OIG Investigation and Interview
Records (ODNI/OIG–003), 5 U.S.C.
552a(j)(2); (k)(1), (2), and (5).
Dated: June 12, 2019.
Deirdre M. Walsh,
Chief Operating Officer, Office of the Director
of National Intelligence.
[FR Doc. 2019–12987 Filed 6–28–19; 8:45 am]
BILLING CODE 3910–A79–P–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0526]
RIN 1625–AA00
Safety Zone; Corpus Christi Bay,
Corpus Christi, TX
AGENCY:
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ACTION:
31197
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Corpus
Christi Bay, Corpus Christi, TX. This
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
associated with firework displays. Entry
of vessels or persons into this zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi or a designated representative.
DATES: This rule is effective from 9 p.m.
until 10 p.m. on July 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0526 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Margaret
Brown, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Margaret.A.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by July 4, 2019 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31194-31197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12987]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
32 CFR Part 1701
Privacy Act of 1974: System of Records
AGENCY: Office of the Director of National Intelligence.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Director of National Intelligence (ODNI)
exempts a new system of records (Continuous Evaluation System) from the
requirements of the Privacy Act to the extent that information in the
system is subject to the Privacy Act's exemption provisions. The ODNI
also adds a new
[[Page 31195]]
section which restores and updates a list of all ODNI systems of
records that are subject to Privacy Act exemption.
DATES: This rule is effective July 1, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Gaviria, Director,
Information Management Division, (301-243-1054).
SUPPLEMENTARY INFORMATION: In compliance with the Privacy Act, 5 U.S.C.
552a(e)(4), ODNI has already described in the notice section of the
Federal Register (83 FR 61395, document 18-25970), published on
November 29, 2018, the following new system of records: Continuous
Evaluation System (ODNI/NCSC-003). This new system of records
facilitates implementation of the National Counterintelligence and
Security Center (NCSC) Continuous Evaluation system, which conducts
ongoing automated checks of security-relevant databases to ensure that
individuals who have been determined to be eligible for access to
classified information or to hold a sensitive position remain eligible,
as required by Executive Orders 12968 as amended (Access to Classified
Information), and 13467 as amended (Reforming Processes Related to
Suitability for Government Employment, Fitness for Contractor
Employees, and Eligibility for Access to Classified National Security
Information). The system of records will contain biographic and
personnel security-relevant records pertaining to current Executive
Branch employees, detailees, contractors, and other sponsored
individuals (enrollees).
In its final rule, the ODNI exempts the above new system of
records, Continuous Evaluation System (ODNI/NCSC-003), from certain
provisions of the Privacy Act to prevent the compromise of classified
information and to ensure the integrity of any law enforcement,
counterintelligence, or administrative investigation that may be
undertaken with respect to the subject of the record.
In addition, this ODNI final rule restores and updates the list of
ODNI exempt systems of records at 32 CFR 1701.22, as redesignated. The
original list had been deleted by final action published at 80 FR 63427
(October 20, 2015). The restored list reflects the updated break-down
of exempt systems of records by ODNI component.
Regulatory Flexibility Act
This final rule affects the manner in which ODNI collects and
maintains information about individuals. ODNI certifies that this
rulemaking does 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 ODNI to comply with small entity requests for information
and advice about compliance with statutes and regulations within 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 https://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 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 final rule and
therefore no analysis of burden is required.
Executive Order 12866, Regulatory Planning and Review
This final rule is not a ``significant regulatory action'' within
the meaning of Executive Order 12866. This rule does 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; does not
create inconsistency with, or interfere with, other agency action; does
not materially alter the budgetary impact of entitlements, grants,
fees, or loans or the rights and obligations of recipients thereof; and
does not 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 final 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 final rule. ODNI concludes that the
final 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
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 does 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
Privacy Act, Records.
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. 3002-3231; 5 U.S.C. 552a.
Subpart B--Exemption of Record Systems Under the Privacy Act
Sec. Sec. 1701.21, 1701.22, and 1701.23 [Removed]
0
2. Remove Sec. Sec. 1701.21 through 1701.23.
Sec. 1701.24 [Redesignated as Sec. 1701.21]
0
3. Redesignate Sec. 1701.24 as Sec. 1701.21 and revise newly
redesignated Sec. 1701.21 to read as follows:
Sec. 1701.21 Exemption of the Office of the Director of National
Intelligence (ODNI) systems of records.
(a) ODNI exempts the systems of records listed in Sec. 1701.22
from the requirements of paragraphs (c)(3); (d)(1), (2), (3) and (4);
(e)(1) and (e)(4)(G), (H), and (I); and (f) of the Privacy Act (5
U.S.C. 552a) to the extent that information in the system is subject to
[[Page 31196]]
exemption pursuant to paragraph (k)(1), (k)(2), or (k)(5) of the Act as
noted in Sec. 1701.22. ODNI also derivatively preserves the exempt
status of records it receives from source agencies when the reason for
the exemption remains valid, as set forth in Sec. 1701.20.
(b) Systems of records utilized by the Office of the Intelligence
Community Inspector General (ICIG) are additionally exempted from the
requirements of paragraphs (c)(4); (e)(2); (e)(3); (e)(5); (e)(8);
(e)(12); and (g) of the Privacy Act (5 U.S.C. 552a) to the extent that
information in the system is subject to exemption pursuant to paragraph
(j)(2) of the Privacy Act (5 U.S.C. 552a).
(c) Exemption of records in these systems from any or all of the
enumerated requirements may be necessary for the following reasons:
(1) From paragraph (c)(3) of the Privacy Act (5 U.S.C. 552a)
(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 ODNI or the
recipient agency and could result in release of properly classified
national security or foreign policy information.
(2) From paragraph (c)(4) of the Privacy Act (5 U.S.C. 552a)
(notice of amendment to record recipients) because the system is
exempted from the access and amendment provisions of paragraph (d) of
the Privacy Act.
(3) From paragraphs (d)(1) through (4) of the Privacy Act (5 U.S.C.
552a) (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.
(4) From paragraph (e)(1) of the Privacy Act (5 U.S.C. 552a)
(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 paragraph
(k)(1) of the Privacy Act (5 U.S.C. 552a), records in this system may
be exempted from the relevance requirement pursuant to paragraphs
(k)(2) and (5) of the Privacy Act (5 U.S.C. 552a) 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.
(5) From paragraph (e)(2) of the Privacy Act (5 U.S.C. 552a)
(collection directly from the individual) because application of this
provision would alert the subject of a counterterrorism investigation,
study, or analysis to that fact, permitting the subject to frustrate or
impede the activity. Counterterrorism investigations necessarily rely
on information obtained from third parties rather than information
furnished by subjects themselves.
(6) From paragraph (e)(3) of the Privacy Act (5 U.S.C. 552a)
(provide Privacy Act Statement to subjects furnishing information)
because the system is exempted from requirements in paragraph (e)(2) of
the Privacy Act to collect information directly from the subject.
(7) From paragraphs (e)(4)(G) and (H) of the Privacy Act (5 U.S.C.
552a) (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 provisions in
paragraph (d) of the Privacy Act (5 U.S.C. 552a) regarding access and
amendment, and from the requirement in paragraph (f) of the Privacy Act
to promulgate agency rules for notification, access, and amendment.
Nevertheless, 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.
(8) From paragraph (e)(4)(I) of the Privacy Act (5 U.S.C. 552a)
(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 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.
(9) From paragraph (e)(5) of the Privacy Act (5 U.S.C. 552a)
(maintain timely, accurate, complete and up-to-date records) because
many of the records in the system are derived from other domestic and
foreign agency record systems over which ODNI exercises no control. In
addition, in collecting information for counterterrorism, intelligence,
and law enforcement purposes, it is not possible to determine in
advance what information is accurate, relevant, timely, and complete.
With the passage of time and the development of additional facts and
circumstances, seemingly irrelevant or dated information may acquire
significance. The restrictions imposed by paragraph (e)(5) of the
Privacy Act (5 U.S.C. 552a) would limit the ability of intelligence
analysts to exercise judgment in conducting investigations and impede
development of intelligence necessary for effective counterterrorism
and law enforcement efforts.
(10) From paragraph (e)(8) of the Privacy Act (5 U.S.C. 552a)
(notice of compelled disclosures) because requiring individual notice
of legally compelled disclosure poses an impossible administrative
burden and could alert subjects of counterterrorism, law enforcement,
or intelligence investigations to the previously unknown fact of those
investigations.
(11) From paragraph (e)(12) of the Privacy Act (public notice of
matching activity) because, to the extent such activities are not
otherwise excluded from the matching requirements of the Privacy Act (5
U.S.C. 552a), publishing advance notice in the Federal Register would
frustrate the ability of intelligence analysts to act quickly in
furtherance of analytical efforts.
(12) From paragraph (f) of the Privacy Act (5 U.S.C. 552a) (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 provisions in paragraph (d) of the Privacy Act
regarding access and amendment of records by record subjects.
Nevertheless, 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, ODNI may determine it appropriate to satisfy a record
subject's access request.
(13) From paragraph (g) of the Privacy Act (5 U.S.C. 552a) (civil
remedies) to the extent that the civil remedies relate
[[Page 31197]]
to provisions of 5 U.S.C. 552a from which this rule exempts the system.
0
4. Add new Sec. 1701.22 to read as follows:
Sec. 1701.22 ODNI systems of records subject to exemption.
(a) ODNI systems of records subject to exemption:
(1) Manuscript, Presentation, and Resume Review Records (ODNI-01),
5 U.S.C. 552a(k)(1).
(2) Executive Secretary Action Management System Records (ODNI-02),
5 U.S.C. 552a(k)(1).
(3) Public Affairs Office Records (ODNI-03), 5 U.S.C. 552a(k)(1).
(4) Office of Legislative Affairs Records (ODNI-04), 5 U.S.C.
552a(k)(1).
(5) ODNI Guest Speaker Records (ODNI-05), 5 U.S.C. 552a(k)(1).
(6) Office of General Counsel Records (ODNI-06), 5 U.S.C.
552a(k)(1), (2), and (5).
(7) Intelligence Community Customer Registry (ODNI-09), 5 U.S.C.
552a(k)(1).
(8) Office of Intelligence Community Equal Employment Opportunity
and Diversity Records (ODNI-10), 5 U.S.C. 552a(k)(1), (2), and (5).
(9) Office of Protocol Records (ODNI-11), 5 U.S.C. 552a(k)(1).
(10) Intelligence Community Security Clearance and Access Approval
Repository (ODNI-12), 5 U.S.C. 552a(k)(1), (2), and (5).
(11) Security Clearance Reform Research and Oversight Records
(ODNI-13), 5 U.S.C. 552a(k)(1), (2), and (5).
(12) Civil Liberties and Privacy Office Complaint Records (ODNI-
14), 5 U.S.C. 552a(k)(1), (2), and (5).
(13) Mission Outreach and Collaboration Records (ODNI-15), 5 U.S.C.
552a(k)(1).
(14) ODNI Human Resource Records (ODNI-16), 5 U.S.C. 552a(k)(1).
(15) ODNI Personnel Security Records (ODNI-17), 5 U.S.C.
552a(k)(1), (2), and (5).
(16) ODNI Freedom of Information Act, Privacy Act, and Mandatory
Declassification Review Request Records (ODNI-18), 5 U.S.C. 552a(k)(1),
(2), and (5).
(17) ODNI Information Technology Systems Activity and Access
Records (ODNI-19), 5 U.S.C. 552a(k)(1), (2), and (5).
(18) ODNI Security Clearance Reciprocity Hotline Records (ODNI-20),
5 U.S.C. 552a(k)(1) and (5).
(19) ODNI Information Technology Network Support, Administration
and Analysis Records (ODNI-21), 5 U.S.C. 552a(k)(1).
(20) Insider Threat Program Records (ODNI-22), 5 U.S.C. 552a(k)(1),
(2), and (5).
(b) ODNI/National Counterintelligence and Security Center (NCSC)
systems of records:
(1) Damage Assessment Records (ODNI/NCIX-001), 5 U.S.C. 552a(k)(1)
and (2).
(2) Counterintelligence Trends Analyses Records (ODNI/NCSC-002), 5
U.S.C. 552a(k)(1) and (2).
(3) Continuous Evaluation Records (ODNI/NCSC-003), 5 U.S.C.
552a(k)(1), (2), and (5).
(c) ODNI/National Counterterrorism Center (NCTC) systems of
records:
(1) NCTC Access Authorization Records (ODNI/NCTC-002), 5 U.S.C.
552a(k)(1).
(2) NCTC Telephone Directory (ODNI/NCTC-003), 5 U.S.C. 552a(k)(1).
(3) NCTC Knowledge Repository (ODNI/NCTC-004), 5 U.S.C. 552a(k)(1)
and (2).
(4) NCTC Current (ODNI/NCTC-005), 5 U.S.C. 552a(k)(1) and (2).
(5) NCTC Partnership Management Records (ODNI/NCTC-006), 5 U.S.C.
552a(k)(1).
(6) NCTC Tacit Knowledge Management Records (ODNI/NCTC-007), 5
U.S.C. 552a(k)(1).
(7) NCTC Terrorism Analysis Records (ODNI/NCTC-008), 5 U.S.C.
552a(k)(1) and (2).
(8) Terrorist Identities Records (ODNI/NCTC-009), 5 U.S.C.
552a(k)(1) and (2).
(d) ODNI/Office of the Intelligence Community Inspector General
(ICIG) systems of records:
(1) OIG Human Resources Records (ODNI/OIG-001), 5 U.S.C. 552a(k)(1)
and (5).
(2) OIG Experts Contact Records (ODNI/OIG-002), 5 U.S.C. 552a(k)(1)
and (5).
(3) OIG Investigation and Interview Records (ODNI/OIG-003), 5
U.S.C. 552a(j)(2); (k)(1), (2), and (5).
Dated: June 12, 2019.
Deirdre M. Walsh,
Chief Operating Officer, Office of the Director of National
Intelligence.
[FR Doc. 2019-12987 Filed 6-28-19; 8:45 am]
BILLING CODE 3910-A79-P-P
