Privacy Act of 1974; System of Records, 54077-54082 [2024-14297]
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper and other hard-copy records are
stored in secured areas within CLPT
offices. Electronic records are stored in
secure file-servers on secure private
cloud-based systems that are connected
only to a government network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name or
case number. Information may be
retrieved from this system of records by
automated or hand search based on
existing indices and automated
capabilities utilized in the normal
course of business. All searches of this
system of records will be performed in
accordance with Executive Order 14086.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Pursuant to 44 U.S.C. 3303a(d) and 36
CFR chapter 12, subchapter B, part
1226—Implementing Disposition,
records will be disposed of according to
the National Archives and Records
Administration’s General Records
Schedule item 4.2 065, Privacy
Complaint Records.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
Particular records in this system have
been exempted from certain
notification, access, and amendment
procedures. A request for access to nonexempt records shall be made in writing
with the envelope and letter clearly
marked ‘‘Privacy Act Request.’’ Each
request must provide the requester’s full
name and complete address. The
requester must sign the request and
have it verified by a notary public.
Alternately, the request may be
submitted under 28 U.S.C. 1746,
certifying the requester’s identity and
acknowledging that obtaining records
under false pretenses constitutes a
criminal offense. Requests for access to
information must be addressed to the
Director, Information Management,
Office of the Director of National
Intelligence, Washington, DC 20511.
Regulations governing access to one’s
records or for appealing an initial
determination concerning access to
records are contained in the ODNI
regulation implementing the Privacy
Act.
More information regarding ODNI’s
procedures for accessing records in
accordance with the Privacy Act can be
found at 28 CFR part 16 Subpart D,
‘‘Access to and Amendment of
Individual Records Pursuant to the
Privacy Act of 1974, and Other Privacy
Protections.’’
Records alleging violations of civil
liberties or privacy arising from the
programs and activities of ODNI or IC
elements, including those records
generated pursuant to the processes of
Executive Order 14086’s redress
mechanism, retain their existing
exemption from the requirements of
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)(1), (k)(2), and (k)(5). Records
may be exempted from these
subsections or additionally from the
requirements of subsections (c)(4);
(e)(2), (3), (5), (8), (12); and (g) of the
Privacy Act consistent with any
exemptions claimed under 5 U.S.C.
552a(j) or (k) by the originator of the
record, provided the reason for the
exemption remains valid and necessary.
HISTORY:
This is a revision to the existing
ODNI/Civil Liberties and Privacy Office
Complaint Records (ODNI–14), 75 FR
16866 (April 2, 2010).
In accordance with 5 U.S.C. 552a(r),
ODNI has provided a report of this
revised system of records to the Office
of Management and Budget and to
Congress.
Rebecca J. Richards,
Civil Liberties Protection Officer, Chief, Civil
Liberties, Privacy, and Transparency Office,
Office of the Director of National Intelligence.
[FR Doc. 2024–14290 Filed 6–27–24; 8:45 am]
CONTESTING RECORD PROCEDURES:
Information in this system is
safeguarded in accordance with
prescribed administrative, physical, and
technical safeguards. Records are
maintained in a secure government
facility with access to the facility
limited to authorized personnel and
authorized, escorted visitors. Physical
security protections include guards who
review individual’s badges prior to their
entry being permitted into the facility
and locked individual offices requiring
badges for entry and the use of access
codes to open and close the offices
daily. Records are accessed only by
authorized government personnel using
passwords that must meet strict security
protocols and who hold appropriate
security clearances, whose official
duties require access to the records, and
who have had ODNI’s required annual
training to obtain access to the computer
systems, including privacy training and
computer security training.
Communications are encrypted where
required and other safeguards are in
place to monitor and audit access and
to detect intrusions. System backup is
maintained separately.
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RECORD ACCESS PROCEDURES:
54077
BILLING CODE 9500–01–P
Certain records in this system are
exempt from certain notification, access,
and amendment procedures. Individuals
seeking to correct or amend non-exempt
records should address their requests to
ODNI at the address and according to
the requirements set forth above under
the heading ‘‘Record Access
Procedures.’’ Regulations governing
access to and amendment of one’s
records or for appealing an initial
determination concerning access or
amendment of records are contained in
the ODNI regulation implementing the
Privacy Act, 32 CFR part 1701 (73 FR
16531).
NOTIFICATION PROCEDURES:
Certain records in this system are
exempt from certain notification, access,
and amendment procedures. Individuals
seeking to learn whether this system
contains non-exempt information about
them should address their inquiries to
ODNI at the address and according to
the requirements set forth above under
the heading ‘‘Record Access
Procedures.’’
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OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
Privacy Act of 1974; System of
Records
Office of the Director of
National Intelligence (ODNI), National
Counterintelligence and Security Center
(NCSC).
ACTION: Notice of a modified system of
records.
AGENCY:
ODNI provides notice of a
modified Privacy Act system of records
at the NCSC. This notice modifies the
system of records ODNI/NCSC–003,
Continuous Evaluation Records. This
modified notice is necessary to inform
the public of revisions to the notice
summary; supplementary information;
system management; authority for
maintenance of the system; purpose of
the system; categories of individuals
covered by the system; categories of
records in the system; record source
categories; routine uses of records
maintained in the system; policies and
SUMMARY:
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practices for storage of records; policies
and practices for retrieval of records;
and policies and practices for retention
and disposal of records. This modified
notice for ODNI/NCSC–003, Continuous
Evaluation Records, incorporates
requirements established by Executive
Order (E.O.) 13467, as amended. These
updates to this notice complement
efforts of Continuous Vetting (CV), a
program under the E.O. which entails
reviewing the background of a covered
individual at any time to determine
whether that individual continues to
meet applicable requirements.
Continuous Evaluation (CE) was
developed to reduce risk by using
automated records checks to generate
alerts of potential security concerns on
an individual between periodic
reinvestigations. CV is a more robust
approach that builds upon the
automated records checks of CE and
adds other agency-specific information
and investigative activity as necessary.
DATES: Comments on this proposed
modified system of records must be
submitted by July 25, 2024. This
modified System of Records Notice will
go into effect thirty days after the date
of publication in the Federal Register,
unless changes are required as a result
of public comment, per OMB A–108,
Section 6(e).
ADDRESSES: You may submit comments
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Mail: Director, Information
Management Office, Chief Operating
Officer, Office of the Director of
National Intelligence (ODNI),
Washington, DC 20511.
FOR FURTHER INFORMATION CONTACT:
Rebecca J. Richards, Civil Liberties
Protection Officer, Office of the Director
of National Intelligence, (301) 243–0210,
at the addresses provided above.
SUPPLEMENTARY INFORMATION: Updates to
ODNI/NCSC–003, Continuous
Evaluation Records, include (1)
expanding the population of individuals
covered by the system to encompass all
covered individuals as defined by E.O.
13467, as amended; (2) adding
personnel vetting surveys as a data
source for enrollees; and (3) adding a
new routine use for disclosure of
records for oversight purposes to the
Suitability and Credentialing Executive
Agent programs, or successor programs,
in the Office of Personnel Management.
This SORN also includes select routine
uses published in the ODNI rule
implementing the Privacy Act subpart C
of ODNI’s Privacy Act Regulation
published at 32 CFR part 1701 (73 FR
16531, 16541).
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E.O. 13467, as amended, requires all
covered individuals to be subject to CV
under standards as determined by the
Security Executive Agent and the
Suitability and Credentialing Executive
Agent. The E.O. also requires alignment
using consistent standards, to the extent
possible, of executive branch vetting
policies and procedures relating to (1)
eligibility for access to classified
information; (2) eligibility to hold a
sensitive position; (3) suitability; (4)
contractor or Federal employee fitness;
and (5) authorization to be issued a
Federal credential for access to federally
controlled facilities and information
systems.
Previously, the categories of
individuals covered by the system only
included executive branch employees,
detailees, contractors, and other
sponsored individuals determined to be
eligible for access to classified
information; eligible to hold a sensitive
position; and applicants seeking
employment with the executive branch
in a position that requires a
determination of eligibility for access to
classified information or to hold a
sensitive position. Individuals who held
or applied for non-sensitive positions in
the executive branch completed an
initial vetting process and were subject
to periodic reinvestigations, where
applicable, but did not undergo CV.
With the issuance of this SORN
revision, the category of individuals
covered by ODNI/NCSC–003,
Continuous Evaluation Records, has
been expanded to include individuals
who hold or who applied for nonsensitive positions in the executive
branch.
E.O. 13467, as amended, defines
covered individual as ‘‘a person who
performs, or who seeks to perform, work
for or on behalf of the executive branch
(e.g., Federal employee, military
member, or contractor), or otherwise
interacts with the executive branch such
that the individual must undergo
vetting, but does not include: (i) the
President or (except to the extent
otherwise directed by the President)
employees of the President under
section 105 or 107 of Title 3, United
States Code; or (ii) the Vice President or
(except to the extent otherwise directed
by the Vice President) employees of the
Vice President under section 106 of
Title 3 or annual legislative branch
appropriations acts.’’ The inclusion of
all covered individuals, as defined by
E.O. 13467, as amended, in the category
of individuals covered by ODNI/NCSC–
003, Continuous Evaluation Records,
permits the use of automated records
checks available through the system to
fulfill the requirements of CV
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established by the Federal Personnel
Vetting Investigative Standards.
Additionally, the inclusion of all
covered individuals, as defined by E.O.
13467, as amended, in the category of
individuals covered by the system
enhances national security, promotes
greater mobility amongst the trusted
workforce, and ensures department and
agency (D/A) compliance with
applicable laws and vetting-related
policies.
ODNI/NCSC–003, Continuous
Evaluation Records, retains the covered
individual’s enrollment information,
which includes personal identifiers
provided by the subscribing agency to
facilitate ongoing automated records
checks for enrollees, as well as other
personnel vetting status information,
previous investigative products, and
records documenting suitability
evaluations and decisions. This revised
notice adds as a records source
personnel vetting surveys required by
the Federal Personnel Vetting
Investigative Standards. Applicants do
not complete a personnel vetting survey.
Personnel vetting surveys are periodic
information collections from the
covered individual and his/her
supervisor(s) to inform ongoing
consideration of potential risk, promote
timely detection of behaviors of
concern, and address potential issues or
provide assistance before risks escalate.
Employment applicants receive onetime checks of security-relevant
information, are not enrolled for
ongoing record checks, and personal
identifiers and records returned for
applicants are retained in the system
only for the duration of their initial
vetting. Records of applicants who are
not hired will not be kept beyond the
initial vetting process. Records returned
from checks for any enrollee will be
retained in accordance with an
approved record control schedule. Data
necessary to implement business rules,
to perform program assessments, and to
satisfy auditing requirements will be
retained. D/As using ODNI/NCSC–003,
Continuous Evaluations Records, must
adhere to the principles articulated in
the Federal Personnel Vetting
Guidelines, the Federal Personnel
Vetting Investigative Standards,
subsequent implementation guidance,
Security Executive Agent Issuances
(when applicable), and other policy
issuances. The modified routine uses
will be effective 30 days after
publication, unless they need to be
changed as a result of public comment,
per OMB A–108, Section 6(e).
The system provides the technical
capability to conduct automated record
checks pursuant to the National
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Security Act of 1947, as amended; The
National Defense Authorization Act for
Fiscal Year 2018, section 925, Public
Law 115–91; 5 U.S.C. 11001 (Enhanced
Personnel Security Programs); 5 U.S.C.
1104 (Delegation of Authority for
Personnel Management); 5 U.S.C. 3301
(Civil Service; Generally); Executive
Order 10577, as amended (Amending
the Civil Service Rules and Authorizing
a New Appointment System for the
Competitive Service); Executive Order
12333, as amended (United States
Intelligence Activities); Executive Order
12968, as amended (Access to Classified
Information); Executive Order 13467, as
amended, (Reforming Processes Related
to Suitability for Government
Employment, Fitness for Contractor
Employees, and Eligibility for Access to
Classified National Security
Information); Executive Order 13764
(Amending the Civil Service Rules,
Executive Order 13488, and Executive
Order 13467 to Modernize the Executive
Branch-Wide Governance Structure and
Processes for Security Clearances,
Suitability and Fitness for Employment,
and Credentialing, and Related
Matters); Executive Order 13488, as
amended (Granting Reciprocity on
Excepted Service and Federal
Contractor Employee Fitness and
Reinvestigating Individuals in Positions
of Public Trust); and Executive Order
13869 (Transferring Responsibility for
Background Investigations to the
Department of Defense).
To protect classified and sensitive
personnel or law enforcement
information covered by this system of
records, the Director of National
Intelligence (DNI) has exempted this
system from certain requirements of the
Privacy Act where necessary, as
permitted by law. By previously
established rule, the DNI may exempt
records contained in this system of
records from the requirements of
subsections (c)(3), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(4)(G), (H), (I), and (f) of
the Privacy Act pursuant to 5 U.S.C.
552a(k)(1), (k)(2) and (k)(5).
Additionally, the DNI may exercise
derivative exemption authority by
preserving the exempt status of records
received from providing agencies when
the reason for exemption remains valid.
See 32 CFR part 1701.20(a)(2) (73 FR
16531, 16537).
SYSTEM NAME AND NUMBER:
ODNI/NCSC–003, Continuous
Evaluation Records.
SECURITY CLASSIFICATION:
The classification of records in this
system ranges from UNCLASSIFIED to
TOP SECRET.
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SYSTEM LOCATION:
Office of the Director of National
Intelligence (ODNI), National
Counterintelligence and Security Center
(NCSC), Washington, DC 20511.
SYSTEM MANAGER(S):
Assistant Director, Mission
Capabilities Directorate, ODNI/NCSC,
Washington, DC 20511.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Intelligence Reform and
Terrorism Prevention Act of 2004,
Public Law 108–458, 118 Stat. 3638; the
National Security Act of 1947, 50 U.S.C.
3023 et seq., as amended; the
Counterintelligence Enhancement Act of
2002, 50 U.S.C. 3382, as amended; 5
U.S.C. 1104; 5 U.S.C. 3301; 5 U.S.C
11001; The National Defense
Authorization Act for Fiscal Year 2018,
Section 925, Public Law 115–91;
Executive Order 10577, as amended;
Executive Order 12333, as amended;
Executive Order 12968, as amended;
Executive Order 13467, as amended;
Executive Order 13549; Executive Order
13764; Executive Order 13488, as
amended; and Executive Order 13869.
PURPOSE(S) OF THE SYSTEM:
Records in this system of records are
collected for the purpose of performing
initial vetting of applicants and
continuous vetting of enrollees. Vetting
is accomplished by electronically
comparing an individual’s identifying
data against U.S. Government databases
(e.g., financial, law enforcement,
terrorism, foreign travel, and clearance
status) and commercial public records
databases (e.g., civil, criminal, and tax
information), as well as reviewing credit
bureau data (e.g., credit reports) and
background investigative records
collected as part of personnel vetting
(e.g., personnel vetting surveys). These
comparisons and reviews serve to
identify personnel vetting-relevant
conduct, practices, activities, or
incidents that personnel vetting officials
use to evaluate an employment
applicant’s initial and an enrollee’s
continued eligibility to perform work for
or on behalf of the executive branch.
Evaluations by personnel vetting
officials include determinations of
suitability for Federal government
employment; eligibility for logical and
physical access to facilities and
networks; eligibility for access to
classified information; eligibility to hold
a sensitive position; and fitness to
perform work for or on behalf of the
Federal government as a contractor
employee.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by the system
include ‘‘covered individuals’’ as
defined in E.O. 13467, as amended. A
covered individual is ‘‘a person who
performs, or who seeks to perform, work
for or on behalf of the executive branch
(e.g., Federal employee, military
member, or contractor), or otherwise
interacts with the executive branch such
that the individual must undergo
vetting, but does not include: (i) the
President or (except to the extent
otherwise directed by the President)
employees of the President under
section 105 or 107 of Title 3, United
States Code; or (ii) the Vice President or
(except to the extent otherwise directed
by the Vice President) employees of the
Vice President under section 106 of
Title 3 or annual legislative branch
appropriations acts.’’
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains: (i) Biographic
enrollment data including name, date
and place of birth, Social Security
number, gender, current address, other
first or last names, prior address(es),
personal email address(es), personal
phone numbers, passport information,
employment type (contractor/
government) or other status, and; (ii)
data returned from or about the
automated record checks conducted
against current clearance status
information and against financial, law
enforcement, credit, terrorism, foreign
travel, and commercial databases; and
(iii) personnel vetting surveys as
required by CV.
RECORD SOURCE CATEGORIES:
Record source categories include
department and agency enrollment
information about covered individuals
under E.O. 13467, as amended;
government-owned databases; credit
and commercial entities; and providers
of aggregated public source data.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as
amended, these records may specifically
be disclosed outside ODNI as a routine
use pursuant to 5 U.S.C. 552a(b)(3) and
in accordance with the following
routine uses, including select routine
uses published in the ODNI rule
implementing the Privacy Act Subpart C
of ODNI’s Privacy Act Regulation
published at 32 CFR part 1701 (73 FR
16531, 16541):
(a) Except as noted on Standard
Forms 85, 85P and 86 or the successor
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personnel vetting questionnaire and
supplemental forms thereto
(questionnaires for employment within
the Federal government), a record that
on its face or in conjunction with other
information indicates or relates to a
violation or potential violation of law,
whether civil, criminal, administrative,
or regulatory in nature, and whether
arising by general statute, particular
program statute, regulation, rule, or
order issued pursuant thereto, may be
disclosed as a routine use to an
appropriate federal, state, territorial,
tribal, local law enforcement authority,
foreign government, or international law
enforcement authority, or to an
appropriate regulatory body charged
with investigating, enforcing, or
prosecuting such violations.
(b) A record from a system of records
maintained by ODNI may be disclosed
as a routine use, subject to appropriate
protections for further disclosure, in the
course of presenting information or
evidence to an administrative law judge
or to the presiding official of an
administrative board, panel or other
administrative body.
(c) A record from a system of records
maintained by ODNI may be disclosed
as a routine use to representatives of the
Department of Justice or any other entity
responsible for representing the
interests of ODNI in connection with
potential or actual civil, criminal,
administrative, judicial or legislative
proceedings or hearings, for the purpose
of representing or providing advice to:
(1) ODNI, or any component thereof; (2)
any employee of ODNI in his or her
official capacity; (3) any employee of
ODNI in his or her individual capacity
where the employee has submitted a
request for representation by the United
States or for reimbursement of expenses
associated with retaining counsel, or; (4)
the United States or another Federal
agency, when the United States or the
agency is a party to such proceeding and
the record is relevant and necessary to
such proceeding; provided, however,
that in each case, the agency determines
that disclosure of the records to the
Department of Justice is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected.
(d) A record from this system of
records may be disclosed as a routine
use in a proceeding before a court,
magistrate, special master, or
adjudicative body when any of the
following is a party to litigation or has
an interest in such litigation, and ODNI,
Office of General Counsel, determines
that use of such records is relevant and
necessary to the litigation: ODNI; any
staff of ODNI in his or her official
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capacity; any staff of ODNI in his or her
individual capacity where the
Department of Justice has agreed to
represent the staff or has agreed to
provide counsel at government expense;
or the United States or another D/A,
where ODNI, Office of General Counsel,
determines that litigation is likely to
affect ODNI.
(e) A record from this system of
records may be disclosed as a routine
use to representatives of the Department
of Justice and other U.S. Government
entities, to the extent necessary to
obtain advice on any matter within the
official responsibilities of such
representatives and the responsibilities
of ODNI.
(f) A record from this system of
records may be disclosed as a routine
use to a Federal, state or local agency or
other appropriate entities or individuals
from which/whom information may be
sought relevant to: a decision
concerning the hiring or retention of an
employee or other personnel action; the
issuing or retention of a security
clearance or special access, contract,
grant, license, or other benefit; or the
conduct of an authorized investigation
or inquiry, to the extent necessary to
identify the individual, inform the
source of the nature and purpose of the
inquiry, and identify the type of
information requested.
(g) A record from this system of
records may be disclosed as a routine
use to any Federal, state, local, tribal or
other public authority, or to a legitimate
agency of a foreign government or
international authority to the extent the
record is relevant and necessary to the
other entity’s decision regarding the
hiring or retention of an employee or
other personnel action; the issuing or
retention of a security clearance or
special access, contract, grant, license,
or other benefit; or the conduct of an
authorized inquiry or investigation.
(h) A record from this system of
records may be disclosed to the Office
of Management and Budget in
connection with the review of private
relief legislation, as set forth in Office of
Management and Budget Circular No.
A–19, at any stage of the legislative
coordination and clearance process as
set forth in the Circular.
(i) A record from this system of
records may be disclosed as a routine
use to any agency, organization, or
individual for authorized audit
operations, and for meeting related
reporting requirements, including
disclosure to the National Archives and
Records Administration for records
management inspections and such other
purposes conducted under the authority
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of 44 U.S.C. 2904 and 2906, or successor
provisions.
(j) A record from this system of
records may be disclosed as a routine
use pursuant to Executive Order to the
President’s Foreign Intelligence
Advisory Board, the President’s
Intelligence Oversight Board, to any
successor organizations, and to any
intelligence oversight entity established
by the President, when the Office of the
General Counsel or the Office of the
Inspector General determines that
disclosure will assist such entities in
performing their oversight functions and
that such disclosure is otherwise lawful.
(k) A record from this system of
records may be disclosed as a routine
use to contractors, grantees, experts,
consultants, or others when access to
the record is necessary to perform the
function or service for which they have
been engaged by ODNI.
(l) A record from this system of
records may be disclosed as a routine
use to legitimate foreign, international,
or multinational security, investigatory,
law enforcement or administrative
authorities in order to comply with
requirements imposed by, or to claim
rights conferred in, formal agreements
and arrangements to include those
regulating the stationing and status in
foreign countries of Department of
Defense military and civilian personnel.
(m) A record from this system of
records may be disclosed as a routine
use to any Federal D/A when
documents or other information
obtained from that D/A are used in
compiling the record and the record is
relevant to the official responsibilities of
that D/A, provided that disclosure of the
recompiled or enhanced record to the
source agency is otherwise authorized
and lawful.
(n) A record from this system of
records may be disclosed as a routine
use to appropriate agencies, entities,
and persons when: the security or
confidentiality of information in the
system of records has or may have been
compromised; and the comprise may
result in economic or material harmto
individuals (e.g., identify theft or fraud)
or harm to the security or integrity of
the affected information or information
technology systemsor programs(whether
or not belonging to ODNI) they rely
upon the compromised information; and
disclosure is necessary to enable ODNI
to address te cause(s) of the compromise
and to prevent, minimize, or remedy
potential harm resulting from the
compromise.
(o) A record from this system of
records may be disclosed as a routine
use for the purpose of conducting or
supporting authorized
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counterintelligence activities as defined
by section 3003(3) of the National
Security Act of 1947, as amended, to
elements of the Intelligence Community,
as defined by section 3003(4) of the
National Security Act of 1947, as
amended; to the head of any Federal D/
A; and to selected counterintelligence
officers within the Federal government.
(p) A record from this system of
records may be disclosed as a routine
use to a Federal, state, local, tribal,
territorial, foreign, or multinational
government agency or entity, or to other
authorized entities or individuals, but
only if such disclosure is undertaken in
furtherance of responsibilities conferred
by, and in a manner consistent with, the
National Security Act of 1947, as
amended; the Counterintelligence
Enhancement Act of 2002, as amended;
Executive Order 12333 or any successor
order together with its implementing
procedures approved by the Attorney
General; and other provisions of law,
Executive Order or directive relating to
national intelligence or otherwise
applicable to ODNI. This routine use is
not intended to supplant the other
routine uses published by ODNI.
(q) A record from this system of
records may be disclosed as a routine
use to any Federal D/A that has
provided enrollment data for employees
or applicants to ODNI for purposes of
conducting personnel vetting when
records obtained by ODNI are relevant
to the subscribing D/A’s adjudication of
the covered individual’s eligibility to
perform work for or on behalf of the
executive branch.
(r) A record from this system of
records may be disclosed as a routine
use to appropriate agencies, entities,
and persons when: (1) ODNI suspects or
has confirmed that there has been a
breach of the system of records; (2)
ODNI has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, ODNI
(including its information systems,
programs, and operations), the federal
government, or national security, and;
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
(s) A record from this system of
records may be disclosed as a routine
use to another Federal agency or Federal
entity, when ODNI determines that
information from this system of records
is reasonably necessary to assist the
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
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19:25 Jun 27, 2024
Jkt 262001
remedying the risk ofharm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
(t) A record from this system of
records may be disclosed for oversight
purposes as a routine use to the
Suitability and Credentialing Executive
Agent programs, or successor programs,
in the Office of Personnel Management.
Records disclosed pursuant to this
routine use must be narrowly focused to
encompass only information pertaining
to automated records checks in support
of authorized Investigative Service
Providers conducting personnel vetting
activities.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic records are stored in secure
fileservers located in governmentmanaged facilities on secure private
cloud-based systems that are connected
only to a government network. Paper
records are stored in secured areas of
facilities within the control of the
federal government.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
The records in this system are
retrieved by name, Social Security
number, or other unique identifier.
Information may be retrieved from this
system of records by automated
capabilities used in the normal course of
business. All searches of this system of
records are performed by authorized
executive branch vetting personnel.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Pursuant to 44 U.S.C. 3303a(d) and 36
CFR chapter 12, subchapter B—Records
Management, records in ODNI/NCSC–
003, Continuous Evaluation Records are
covered by the National Archives and
Records Administration (NARA)
General Records Schedule (GRS) 5.6,
Security Records. All records in ODNI/
NCSC–003, Continuous Evaluation
Records will be retained and disposed
of according to the applicable NARA
GRS provisions. Personal identifiers and
records returned for applicants are
retained in the system for the duration
of their initial vetting. Biographic data
and data about protecting and accessing
information will be retained consistent
with the Privacy Act of 1974, 5 U.S.C.
552a, and GRS 4.2, Information Access
and Protection Records. Records about
security data and information systems
are listed in GRS 3.2, Information
Systems Security Records.
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Sfmt 4703
54081
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
recommended and/or prescribed
administrative, physical, and technical
safeguards. Records are maintained in
secure government-managed facilities
with access limited to authorized
personnel. Physical security protections
include guards and locked facilities
requiring badges and passwords for
access.
Records are accessed only by current
government-authorized personnel
whose official duties require access to
the records. Electronic authorization
and authentication of users is required
at all points before any system
information can be accessed.
Communications are encrypted where
required and other safeguards are in
place to monitor and audit access, and
to detect intrusions. System backup is
maintained separately.
RECORD ACCESS PROCEDURES:
As specified below, records in this
system have been exempted from
certain notification, access, and
amendment procedures. A request for
access shall be made in writing with the
envelope and letter clearly marked
‘‘Privacy Act Request.’’ Requesters shall
provide their full name and complete
address. The requester must sign the
request and have it verified by a notary
public. Alternately, the request may be
submitted under 28 U.S.C. 1746,
certifying the requester’s identity and
understanding that obtaining a record
under false pretenses constitutes a
criminal offense. Requests for access to
information must be addressed to the
Director, Information Management
Office, Chief Operating Officer, Office of
the Director of National Intelligence,
Washington, DC 20511. Regulations
governing access to one’s records or for
appealing an initial determination
concerning access to records are
contained in the ODNI regulation
implementing the Privacy Act, 32 CFR
part 1701 (73 FR 16531).
CONTESTING RECORD PROCEDURES:
As specified below, records in this
system are exempt from certain
notification, access, and amendment
procedures. Individuals seeking to
correct or amend non-exempt records
should address their requests to ODNI at
the address and according to the
requirements set forth above under the
heading ‘‘Record Access Procedures.’’
Regulations governing access to and
amendment of one’s records or for
appealing an initial determination
concerning access or amendment of
E:\FR\FM\28JNN1.SGM
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54082
Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
records are contained in the ODNI
regulation implementing the Privacy
Act, 32 CFR part 1701 (73 FR 16531).
NOTIFICATION PROCEDURES:
As specified below, records in this
system are exempt from certain
notification, access, and amendment
procedures. Individuals seeking to learn
whether this system contains nonexempt information about them should
address inquiries to ODNI at the address
and according to the requirements set
forth above under the heading ‘‘Record
Access Procedures.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Privacy Act authorizes ODNI to
exempt records contained in this system
of records from the requirements of
subsections (c)(3), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(4)(G), (H), (I), and (f) of
the Privacy Act pursuant to 5 U.S.C.
552a(k)(1), (k)(2) and (k)(5). In addition,
pursuant to published rule, ODNI may
derivatively exempt records from other
agencies in this system from the
requirements of the subsections listed
above, as well as subsections (c)(4),
(e)(2), (e)(3), (e)(5), (e)(8), (e)(12), and (g)
of the Privacy Act consistent with any
exemptions claimed under 5 U.S.C.
552a(j) or (k) by the originator of the
record, provided the reason for the
exemption remains valid and necessary.
HISTORY:
This is a revision to an existing ODNI/
NCSC system of records, ODNI/NCSC–
003, Continuous Evaluation Records, 86
FR 61325 (Nov. 05, 2021). In accordance
with 5 U.S.C. 552(r), ODNI has provided
a report of this revision to the Office of
Management and Budget and to
Congress.
Dated: June 24, 2024.
Rebecca (‘‘Becky’’) Richards,
Civil Liberties Protection Officer, Office of
the Director of National Intelligence.
[FR Doc. 2024–14297 Filed 6–27–24; 8:45 am]
BILLING CODE 9500–01–P
NUCLEAR REGULATORY
COMMISSION
khammond on DSKJM1Z7X2PROD with NOTICES
[Docket Nos. 50–456 and 50–457; NRC–
2024–0112]
Constellation Energy Generation, LLC;
Braidwood Station, Units 1 and 2;
License Amendment Request
Nuclear Regulatory
Commission.
ACTION: Opportunity to comment,
request a hearing, and petition for leave
to intervene.
AGENCY:
VerDate Sep<11>2014
19:25 Jun 27, 2024
Jkt 262001
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License Nos. NPF–72
and NPF–77, issued to Constellation
Energy Generation, LLC, for the
operation of Braidwood Station, Units 1
and 2 (Docket Nos. 50–456 and 50–457,
respectively). The proposed amendment
would change Technical Specification
(TS) Surveillance Requirement (SR)
3.7.9.2 to allow an Ultimate Heat Sink
(UHS) temperature of less than or equal
to 102.8 °F until September 30, 2024.
The change is requested to support
operation during the summer months of
2024.
DATES: Submit comments by July 29,
2024. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date. Requests
for a hearing or petition for leave to
intervene must be filed by August 27,
2024.
SUMMARY:
You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website.
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0112. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Joel
S. Wiebe, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–6606; email:
Joel.Wiebe@nrc.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2024–
0112 when contacting the NRC about
the availability of information for this
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0112.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The license
amendment request is available in
ADAMS under Accession No.
ML24156A245.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0112 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an
amendment to Renewed Facility
Operating License Nos. NPF–72 and
E:\FR\FM\28JNN1.SGM
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Agencies
[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54077-54082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14297]
-----------------------------------------------------------------------
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Privacy Act of 1974; System of Records
AGENCY: Office of the Director of National Intelligence (ODNI),
National Counterintelligence and Security Center (NCSC).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: ODNI provides notice of a modified Privacy Act system of
records at the NCSC. This notice modifies the system of records ODNI/
NCSC-003, Continuous Evaluation Records. This modified notice is
necessary to inform the public of revisions to the notice summary;
supplementary information; system management; authority for maintenance
of the system; purpose of the system; categories of individuals covered
by the system; categories of records in the system; record source
categories; routine uses of records maintained in the system; policies
and
[[Page 54078]]
practices for storage of records; policies and practices for retrieval
of records; and policies and practices for retention and disposal of
records. This modified notice for ODNI/NCSC-003, Continuous Evaluation
Records, incorporates requirements established by Executive Order
(E.O.) 13467, as amended. These updates to this notice complement
efforts of Continuous Vetting (CV), a program under the E.O. which
entails reviewing the background of a covered individual at any time to
determine whether that individual continues to meet applicable
requirements. Continuous Evaluation (CE) was developed to reduce risk
by using automated records checks to generate alerts of potential
security concerns on an individual between periodic reinvestigations.
CV is a more robust approach that builds upon the automated records
checks of CE and adds other agency-specific information and
investigative activity as necessary.
DATES: Comments on this proposed modified system of records must be
submitted by July 25, 2024. This modified System of Records Notice will
go into effect thirty days after the date of publication in the Federal
Register, unless changes are required as a result of public comment,
per OMB A-108, Section 6(e).
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Mail: Director, Information Management Office, Chief Operating
Officer, Office of the Director of National Intelligence (ODNI),
Washington, DC 20511.
FOR FURTHER INFORMATION CONTACT: Rebecca J. Richards, Civil Liberties
Protection Officer, Office of the Director of National Intelligence,
(301) 243-0210, at the addresses provided above.
SUPPLEMENTARY INFORMATION: Updates to ODNI/NCSC-003, Continuous
Evaluation Records, include (1) expanding the population of individuals
covered by the system to encompass all covered individuals as defined
by E.O. 13467, as amended; (2) adding personnel vetting surveys as a
data source for enrollees; and (3) adding a new routine use for
disclosure of records for oversight purposes to the Suitability and
Credentialing Executive Agent programs, or successor programs, in the
Office of Personnel Management. This SORN also includes select routine
uses published in the ODNI rule implementing the Privacy Act subpart C
of ODNI's Privacy Act Regulation published at 32 CFR part 1701 (73 FR
16531, 16541).
E.O. 13467, as amended, requires all covered individuals to be
subject to CV under standards as determined by the Security Executive
Agent and the Suitability and Credentialing Executive Agent. The E.O.
also requires alignment using consistent standards, to the extent
possible, of executive branch vetting policies and procedures relating
to (1) eligibility for access to classified information; (2)
eligibility to hold a sensitive position; (3) suitability; (4)
contractor or Federal employee fitness; and (5) authorization to be
issued a Federal credential for access to federally controlled
facilities and information systems.
Previously, the categories of individuals covered by the system
only included executive branch employees, detailees, contractors, and
other sponsored individuals determined to be eligible for access to
classified information; eligible to hold a sensitive position; and
applicants seeking employment with the executive branch in a position
that requires a determination of eligibility for access to classified
information or to hold a sensitive position. Individuals who held or
applied for non-sensitive positions in the executive branch completed
an initial vetting process and were subject to periodic
reinvestigations, where applicable, but did not undergo CV. With the
issuance of this SORN revision, the category of individuals covered by
ODNI/NCSC-003, Continuous Evaluation Records, has been expanded to
include individuals who hold or who applied for non-sensitive positions
in the executive branch.
E.O. 13467, as amended, defines covered individual as ``a person
who performs, or who seeks to perform, work for or on behalf of the
executive branch (e.g., Federal employee, military member, or
contractor), or otherwise interacts with the executive branch such that
the individual must undergo vetting, but does not include: (i) the
President or (except to the extent otherwise directed by the President)
employees of the President under section 105 or 107 of Title 3, United
States Code; or (ii) the Vice President or (except to the extent
otherwise directed by the Vice President) employees of the Vice
President under section 106 of Title 3 or annual legislative branch
appropriations acts.'' The inclusion of all covered individuals, as
defined by E.O. 13467, as amended, in the category of individuals
covered by ODNI/NCSC-003, Continuous Evaluation Records, permits the
use of automated records checks available through the system to fulfill
the requirements of CV established by the Federal Personnel Vetting
Investigative Standards. Additionally, the inclusion of all covered
individuals, as defined by E.O. 13467, as amended, in the category of
individuals covered by the system enhances national security, promotes
greater mobility amongst the trusted workforce, and ensures department
and agency (D/A) compliance with applicable laws and vetting-related
policies.
ODNI/NCSC-003, Continuous Evaluation Records, retains the covered
individual's enrollment information, which includes personal
identifiers provided by the subscribing agency to facilitate ongoing
automated records checks for enrollees, as well as other personnel
vetting status information, previous investigative products, and
records documenting suitability evaluations and decisions. This revised
notice adds as a records source personnel vetting surveys required by
the Federal Personnel Vetting Investigative Standards. Applicants do
not complete a personnel vetting survey. Personnel vetting surveys are
periodic information collections from the covered individual and his/
her supervisor(s) to inform ongoing consideration of potential risk,
promote timely detection of behaviors of concern, and address potential
issues or provide assistance before risks escalate. Employment
applicants receive one-time checks of security-relevant information,
are not enrolled for ongoing record checks, and personal identifiers
and records returned for applicants are retained in the system only for
the duration of their initial vetting. Records of applicants who are
not hired will not be kept beyond the initial vetting process. Records
returned from checks for any enrollee will be retained in accordance
with an approved record control schedule. Data necessary to implement
business rules, to perform program assessments, and to satisfy auditing
requirements will be retained. D/As using ODNI/NCSC-003, Continuous
Evaluations Records, must adhere to the principles articulated in the
Federal Personnel Vetting Guidelines, the Federal Personnel Vetting
Investigative Standards, subsequent implementation guidance, Security
Executive Agent Issuances (when applicable), and other policy
issuances. The modified routine uses will be effective 30 days after
publication, unless they need to be changed as a result of public
comment, per OMB A-108, Section 6(e).
The system provides the technical capability to conduct automated
record checks pursuant to the National
[[Page 54079]]
Security Act of 1947, as amended; The National Defense Authorization
Act for Fiscal Year 2018, section 925, Public Law 115-91; 5 U.S.C.
11001 (Enhanced Personnel Security Programs); 5 U.S.C. 1104 (Delegation
of Authority for Personnel Management); 5 U.S.C. 3301 (Civil Service;
Generally); Executive Order 10577, as amended (Amending the Civil
Service Rules and Authorizing a New Appointment System for the
Competitive Service); Executive Order 12333, as amended (United States
Intelligence Activities); Executive Order 12968, as amended (Access to
Classified Information); Executive Order 13467, as amended, (Reforming
Processes Related to Suitability for Government Employment, Fitness for
Contractor Employees, and Eligibility for Access to Classified National
Security Information); Executive Order 13764 (Amending the Civil
Service Rules, Executive Order 13488, and Executive Order 13467 to
Modernize the Executive Branch-Wide Governance Structure and Processes
for Security Clearances, Suitability and Fitness for Employment, and
Credentialing, and Related Matters); Executive Order 13488, as amended
(Granting Reciprocity on Excepted Service and Federal Contractor
Employee Fitness and Reinvestigating Individuals in Positions of Public
Trust); and Executive Order 13869 (Transferring Responsibility for
Background Investigations to the Department of Defense).
To protect classified and sensitive personnel or law enforcement
information covered by this system of records, the Director of National
Intelligence (DNI) has exempted this system from certain requirements
of the Privacy Act where necessary, as permitted by law. By previously
established rule, the DNI may exempt records contained in this system
of records from the requirements of subsections (c)(3), (d)(1), (d)(2),
(d)(3), (d)(4), (e)(1), (e)(4)(G), (H), (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5). Additionally, the
DNI may exercise derivative exemption authority by preserving the
exempt status of records received from providing agencies when the
reason for exemption remains valid. See 32 CFR part 1701.20(a)(2) (73
FR 16531, 16537).
SYSTEM NAME AND NUMBER:
ODNI/NCSC-003, Continuous Evaluation Records.
SECURITY CLASSIFICATION:
The classification of records in this system ranges from
UNCLASSIFIED to TOP SECRET.
SYSTEM LOCATION:
Office of the Director of National Intelligence (ODNI), National
Counterintelligence and Security Center (NCSC), Washington, DC 20511.
SYSTEM MANAGER(S):
Assistant Director, Mission Capabilities Directorate, ODNI/NCSC,
Washington, DC 20511.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Intelligence Reform and Terrorism Prevention Act of 2004,
Public Law 108-458, 118 Stat. 3638; the National Security Act of 1947,
50 U.S.C. 3023 et seq., as amended; the Counterintelligence Enhancement
Act of 2002, 50 U.S.C. 3382, as amended; 5 U.S.C. 1104; 5 U.S.C. 3301;
5 U.S.C 11001; The National Defense Authorization Act for Fiscal Year
2018, Section 925, Public Law 115-91; Executive Order 10577, as
amended; Executive Order 12333, as amended; Executive Order 12968, as
amended; Executive Order 13467, as amended; Executive Order 13549;
Executive Order 13764; Executive Order 13488, as amended; and Executive
Order 13869.
PURPOSE(S) OF THE SYSTEM:
Records in this system of records are collected for the purpose of
performing initial vetting of applicants and continuous vetting of
enrollees. Vetting is accomplished by electronically comparing an
individual's identifying data against U.S. Government databases (e.g.,
financial, law enforcement, terrorism, foreign travel, and clearance
status) and commercial public records databases (e.g., civil, criminal,
and tax information), as well as reviewing credit bureau data (e.g.,
credit reports) and background investigative records collected as part
of personnel vetting (e.g., personnel vetting surveys). These
comparisons and reviews serve to identify personnel vetting-relevant
conduct, practices, activities, or incidents that personnel vetting
officials use to evaluate an employment applicant's initial and an
enrollee's continued eligibility to perform work for or on behalf of
the executive branch. Evaluations by personnel vetting officials
include determinations of suitability for Federal government
employment; eligibility for logical and physical access to facilities
and networks; eligibility for access to classified information;
eligibility to hold a sensitive position; and fitness to perform work
for or on behalf of the Federal government as a contractor employee.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include ``covered individuals''
as defined in E.O. 13467, as amended. A covered individual is ``a
person who performs, or who seeks to perform, work for or on behalf of
the executive branch (e.g., Federal employee, military member, or
contractor), or otherwise interacts with the executive branch such that
the individual must undergo vetting, but does not include: (i) the
President or (except to the extent otherwise directed by the President)
employees of the President under section 105 or 107 of Title 3, United
States Code; or (ii) the Vice President or (except to the extent
otherwise directed by the Vice President) employees of the Vice
President under section 106 of Title 3 or annual legislative branch
appropriations acts.''
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains: (i) Biographic enrollment data including
name, date and place of birth, Social Security number, gender, current
address, other first or last names, prior address(es), personal email
address(es), personal phone numbers, passport information, employment
type (contractor/government) or other status, and; (ii) data returned
from or about the automated record checks conducted against current
clearance status information and against financial, law enforcement,
credit, terrorism, foreign travel, and commercial databases; and (iii)
personnel vetting surveys as required by CV.
RECORD SOURCE CATEGORIES:
Record source categories include department and agency enrollment
information about covered individuals under E.O. 13467, as amended;
government-owned databases; credit and commercial entities; and
providers of aggregated public source data.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, these records may
specifically be disclosed outside ODNI as a routine use pursuant to 5
U.S.C. 552a(b)(3) and in accordance with the following routine uses,
including select routine uses published in the ODNI rule implementing
the Privacy Act Subpart C of ODNI's Privacy Act Regulation published at
32 CFR part 1701 (73 FR 16531, 16541):
(a) Except as noted on Standard Forms 85, 85P and 86 or the
successor
[[Page 54080]]
personnel vetting questionnaire and supplemental forms thereto
(questionnaires for employment within the Federal government), a record
that on its face or in conjunction with other information indicates or
relates to a violation or potential violation of law, whether civil,
criminal, administrative, or regulatory in nature, and whether arising
by general statute, particular program statute, regulation, rule, or
order issued pursuant thereto, may be disclosed as a routine use to an
appropriate federal, state, territorial, tribal, local law enforcement
authority, foreign government, or international law enforcement
authority, or to an appropriate regulatory body charged with
investigating, enforcing, or prosecuting such violations.
(b) A record from a system of records maintained by ODNI may be
disclosed as a routine use, subject to appropriate protections for
further disclosure, in the course of presenting information or evidence
to an administrative law judge or to the presiding official of an
administrative board, panel or other administrative body.
(c) A record from a system of records maintained by ODNI may be
disclosed as a routine use to representatives of the Department of
Justice or any other entity responsible for representing the interests
of ODNI in connection with potential or actual civil, criminal,
administrative, judicial or legislative proceedings or hearings, for
the purpose of representing or providing advice to: (1) ODNI, or any
component thereof; (2) any employee of ODNI in his or her official
capacity; (3) any employee of ODNI in his or her individual capacity
where the employee has submitted a request for representation by the
United States or for reimbursement of expenses associated with
retaining counsel, or; (4) the United States or another Federal agency,
when the United States or the agency is a party to such proceeding and
the record is relevant and necessary to such proceeding; provided,
however, that in each case, the agency determines that disclosure of
the records to the Department of Justice is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
(d) A record from this system of records may be disclosed as a
routine use in a proceeding before a court, magistrate, special master,
or adjudicative body when any of the following is a party to litigation
or has an interest in such litigation, and ODNI, Office of General
Counsel, determines that use of such records is relevant and necessary
to the litigation: ODNI; any staff of ODNI in his or her official
capacity; any staff of ODNI in his or her individual capacity where the
Department of Justice has agreed to represent the staff or has agreed
to provide counsel at government expense; or the United States or
another D/A, where ODNI, Office of General Counsel, determines that
litigation is likely to affect ODNI.
(e) A record from this system of records may be disclosed as a
routine use to representatives of the Department of Justice and other
U.S. Government entities, to the extent necessary to obtain advice on
any matter within the official responsibilities of such representatives
and the responsibilities of ODNI.
(f) A record from this system of records may be disclosed as a
routine use to a Federal, state or local agency or other appropriate
entities or individuals from which/whom information may be sought
relevant to: a decision concerning the hiring or retention of an
employee or other personnel action; the issuing or retention of a
security clearance or special access, contract, grant, license, or
other benefit; or the conduct of an authorized investigation or
inquiry, to the extent necessary to identify the individual, inform the
source of the nature and purpose of the inquiry, and identify the type
of information requested.
(g) A record from this system of records may be disclosed as a
routine use to any Federal, state, local, tribal or other public
authority, or to a legitimate agency of a foreign government or
international authority to the extent the record is relevant and
necessary to the other entity's decision regarding the hiring or
retention of an employee or other personnel action; the issuing or
retention of a security clearance or special access, contract, grant,
license, or other benefit; or the conduct of an authorized inquiry or
investigation.
(h) A record from this system of records may be disclosed to the
Office of Management and Budget in connection with the review of
private relief legislation, as set forth in Office of Management and
Budget Circular No. A-19, at any stage of the legislative coordination
and clearance process as set forth in the Circular.
(i) A record from this system of records may be disclosed as a
routine use to any agency, organization, or individual for authorized
audit operations, and for meeting related reporting requirements,
including disclosure to the National Archives and Records
Administration for records management inspections and such other
purposes conducted under the authority of 44 U.S.C. 2904 and 2906, or
successor provisions.
(j) A record from this system of records may be disclosed as a
routine use pursuant to Executive Order to the President's Foreign
Intelligence Advisory Board, the President's Intelligence Oversight
Board, to any successor organizations, and to any intelligence
oversight entity established by the President, when the Office of the
General Counsel or the Office of the Inspector General determines that
disclosure will assist such entities in performing their oversight
functions and that such disclosure is otherwise lawful.
(k) A record from this system of records may be disclosed as a
routine use to contractors, grantees, experts, consultants, or others
when access to the record is necessary to perform the function or
service for which they have been engaged by ODNI.
(l) A record from this system of records may be disclosed as a
routine use to legitimate foreign, international, or multinational
security, investigatory, law enforcement or administrative authorities
in order to comply with requirements imposed by, or to claim rights
conferred in, formal agreements and arrangements to include those
regulating the stationing and status in foreign countries of Department
of Defense military and civilian personnel.
(m) A record from this system of records may be disclosed as a
routine use to any Federal D/A when documents or other information
obtained from that D/A are used in compiling the record and the record
is relevant to the official responsibilities of that D/A, provided that
disclosure of the recompiled or enhanced record to the source agency is
otherwise authorized and lawful.
(n) A record from this system of records may be disclosed as a
routine use to appropriate agencies, entities, and persons when: the
security or confidentiality of information in the system of records has
or may have been compromised; and the comprise may result in economic
or material harmto individuals (e.g., identify theft or fraud) or harm
to the security or integrity of the affected information or information
technology systemsor programs(whether or not belonging to ODNI) they
rely upon the compromised information; and disclosure is necessary to
enable ODNI to address te cause(s) of the compromise and to prevent,
minimize, or remedy potential harm resulting from the compromise.
(o) A record from this system of records may be disclosed as a
routine use for the purpose of conducting or supporting authorized
[[Page 54081]]
counterintelligence activities as defined by section 3003(3) of the
National Security Act of 1947, as amended, to elements of the
Intelligence Community, as defined by section 3003(4) of the National
Security Act of 1947, as amended; to the head of any Federal D/A; and
to selected counterintelligence officers within the Federal government.
(p) A record from this system of records may be disclosed as a
routine use to a Federal, state, local, tribal, territorial, foreign,
or multinational government agency or entity, or to other authorized
entities or individuals, but only if such disclosure is undertaken in
furtherance of responsibilities conferred by, and in a manner
consistent with, the National Security Act of 1947, as amended; the
Counterintelligence Enhancement Act of 2002, as amended; Executive
Order 12333 or any successor order together with its implementing
procedures approved by the Attorney General; and other provisions of
law, Executive Order or directive relating to national intelligence or
otherwise applicable to ODNI. This routine use is not intended to
supplant the other routine uses published by ODNI.
(q) A record from this system of records may be disclosed as a
routine use to any Federal D/A that has provided enrollment data for
employees or applicants to ODNI for purposes of conducting personnel
vetting when records obtained by ODNI are relevant to the subscribing
D/A's adjudication of the covered individual's eligibility to perform
work for or on behalf of the executive branch.
(r) A record from this system of records may be disclosed as a
routine use to appropriate agencies, entities, and persons when: (1)
ODNI suspects or has confirmed that there has been a breach of the
system of records; (2) ODNI has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
ODNI (including its information systems, programs, and operations), the
federal government, or national security, and; (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Department's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
(s) A record from this system of records may be disclosed as a
routine use to another Federal agency or Federal entity, when ODNI
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk ofharm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(t) A record from this system of records may be disclosed for
oversight purposes as a routine use to the Suitability and
Credentialing Executive Agent programs, or successor programs, in the
Office of Personnel Management. Records disclosed pursuant to this
routine use must be narrowly focused to encompass only information
pertaining to automated records checks in support of authorized
Investigative Service Providers conducting personnel vetting
activities.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are stored in secure fileservers located in
government-managed facilities on secure private cloud-based systems
that are connected only to a government network. Paper records are
stored in secured areas of facilities within the control of the federal
government.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records in this system are retrieved by name, Social Security
number, or other unique identifier. Information may be retrieved from
this system of records by automated capabilities used in the normal
course of business. All searches of this system of records are
performed by authorized executive branch vetting personnel.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Pursuant to 44 U.S.C. 3303a(d) and 36 CFR chapter 12, subchapter
B--Records Management, records in ODNI/NCSC-003, Continuous Evaluation
Records are covered by the National Archives and Records Administration
(NARA) General Records Schedule (GRS) 5.6, Security Records. All
records in ODNI/NCSC-003, Continuous Evaluation Records will be
retained and disposed of according to the applicable NARA GRS
provisions. Personal identifiers and records returned for applicants
are retained in the system for the duration of their initial vetting.
Biographic data and data about protecting and accessing information
will be retained consistent with the Privacy Act of 1974, 5 U.S.C.
552a, and GRS 4.2, Information Access and Protection Records. Records
about security data and information systems are listed in GRS 3.2,
Information Systems Security Records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
recommended and/or prescribed administrative, physical, and technical
safeguards. Records are maintained in secure government-managed
facilities with access limited to authorized personnel. Physical
security protections include guards and locked facilities requiring
badges and passwords for access.
Records are accessed only by current government-authorized
personnel whose official duties require access to the records.
Electronic authorization and authentication of users is required at all
points before any system information can be accessed. Communications
are encrypted where required and other safeguards are in place to
monitor and audit access, and to detect intrusions. System backup is
maintained separately.
RECORD ACCESS PROCEDURES:
As specified below, records in this system have been exempted from
certain notification, access, and amendment procedures. A request for
access shall be made in writing with the envelope and letter clearly
marked ``Privacy Act Request.'' Requesters shall provide their full
name and complete address. The requester must sign the request and have
it verified by a notary public. Alternately, the request may be
submitted under 28 U.S.C. 1746, certifying the requester's identity and
understanding that obtaining a record under false pretenses constitutes
a criminal offense. Requests for access to information must be
addressed to the Director, Information Management Office, Chief
Operating Officer, Office of the Director of National Intelligence,
Washington, DC 20511. Regulations governing access to one's records or
for appealing an initial determination concerning access to records are
contained in the ODNI regulation implementing the Privacy Act, 32 CFR
part 1701 (73 FR 16531).
CONTESTING RECORD PROCEDURES:
As specified below, records in this system are exempt from certain
notification, access, and amendment procedures. Individuals seeking to
correct or amend non-exempt records should address their requests to
ODNI at the address and according to the requirements set forth above
under the heading ``Record Access Procedures.'' Regulations governing
access to and amendment of one's records or for appealing an initial
determination concerning access or amendment of
[[Page 54082]]
records are contained in the ODNI regulation implementing the Privacy
Act, 32 CFR part 1701 (73 FR 16531).
NOTIFICATION PROCEDURES:
As specified below, records in this system are exempt from certain
notification, access, and amendment procedures. Individuals seeking to
learn whether this system contains non- exempt information about them
should address inquiries to ODNI at the address and according to the
requirements set forth above under the heading ``Record Access
Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Privacy Act authorizes ODNI to exempt records contained in this
system of records from the requirements of subsections (c)(3), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (H), (I), and (f) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5). In
addition, pursuant to published rule, ODNI may derivatively exempt
records from other agencies in this system from the requirements of the
subsections listed above, as well as subsections (c)(4), (e)(2),
(e)(3), (e)(5), (e)(8), (e)(12), and (g) of the Privacy Act consistent
with any exemptions claimed under 5 U.S.C. 552a(j) or (k) by the
originator of the record, provided the reason for the exemption remains
valid and necessary.
HISTORY:
This is a revision to an existing ODNI/NCSC system of records,
ODNI/NCSC-003, Continuous Evaluation Records, 86 FR 61325 (Nov. 05,
2021). In accordance with 5 U.S.C. 552(r), ODNI has provided a report
of this revision to the Office of Management and Budget and to
Congress.
Dated: June 24, 2024.
Rebecca (``Becky'') Richards,
Civil Liberties Protection Officer, Office of the Director of National
Intelligence.
[FR Doc. 2024-14297 Filed 6-27-24; 8:45 am]
BILLING CODE 9500-01-P