National Intelligence, Office of the National Director – Federal Register Recent Federal Regulation Documents

ODNI is publishing this notice to announce that the following Federal Advisory Committee meeting of the NIU Board of Visitors (BoV) will take place. This meeting is closed to the public.

Pursuant to the Privacy Act of 1974 (hereafter Privacy Act) and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Office of Civil Liberties, Privacy, and Transparency (CLPT), an office within the Office of the Director of National Intelligence (ODNI), is revising the system of records titled "Civil Liberties and Privacy Office Complaint Records (ODNI-14)." This revision accounts for requirements pursuant to Executive Order 14086, Enhancing Safeguards for United States Signals Intelligence Activities, to include updating text related to covered individuals, routine uses, authorities, and records sources. It further adds an update to the CLPT office name to reflect its transparency mission.

ODNI is publishing this notice to announce that the following Federal advisory committee meeting of the NIU Board of Visitors (BoV) will take place. This meeting is closed to the public.

This final rule amends the Office of the Director of National Intelligence's (ODNI) rules implementing the Freedom of Information Act (FOIA).

The ODNI is publishing this notice to announce that the following Federal Advisory Committee meeting of the National Intelligence University Board of Visitors will take place. This meeting is closed to the public.

The ODNI, announces the establishment of the NIU BoV by the Director of National Intelligence (DNI). The BoV will provide the DNI with independent advice and recommendations on matters concerning the NIU. Duration of this Board is for two years unless renewed by the DNI.

ODNI provides notice of a proposed new Privacy Act system of records at the National Intelligence University (NIU). ODNI recommends to add a proposed new system of records to its records inventory subject to the Privacy Act of 1974, as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register, the existence and character of records maintained by NIU. This proposed new system of records is titled, ``National Intelligence University (NIU) Program Records,'' ODNI/NIU-01.

ODNI provides notice of a revision to a Privacy Act system of records at the National Counterintelligence and Security Center (NCSC). This notice revises the system of records titled Continuous Evaluation Records, also identified as ODNI/NCSC-003. This notice is necessary to inform the public of revisions to the notice summary, system purpose, categories of individuals covered, and supplementary information about the records that the agency maintains. This revised notice to the Continuous Evaluation (CE) Records system adds one-time record checks of employment applicants in addition to the previous uses of CE for enrolled individuals. CE is a personnel security investigative process used to review the continued eligibility of individuals who have been determined eligible for access to classified information or to hold a sensitive position. Individuals subject to CE include current Executive Branch employees, detailees, contractors, and other sponsored individuals who are cleared for access to classified information or to hold a sensitive position. The Departments and Agencies (D/A) that sponsor these individuals for access to classified information or to hold a sensitive position ``enroll'' the individuals (enrollees) by electronically entering their identifying information into the CE System, an information technology system that conducts automated checks of security-relevant information. All D/As are required to submit their qualifying populations for CE automated record checks. D/As may choose to develop a CE system of their own, or subscribe to CE services provided by another agency. NCSC will provide CE services to subscribing agencies via the ODNI CE System. The CE System conducts automated checks of government and commercial databases and, based on personnel security business rules, transmits electronic alerts and reports to the subscribing agency. Databases queried in the CE process are those that contain security- relevant information, e.g., government-owned financial, law enforcement, terrorism, foreign travel, and current clearance status information. Credit bureau records and commercially-aggregated publically available data are also used. On receipt of an electronic alert or report, authorized personnel security officials at the subscribing agency verify that the alert or report received pertains to the enrollee (the subject of the electronic queries). Where the agency verifies that the alert or report pertains to the enrollee, authorized personnel security officials review the nature of the alert or report to determine the need for further investigation, as dictated by Federal Investigative Standards requirements. Information obtained through any follow-on investigation is considered in adjudicating the enrollee's continued eligibility for access to classified information or to hold a sensitive position. The ODNI CE System retains the enrollment information (personal identifiers provided by the subscribing agency to facilitate ongoing CE checks for individuals who are enrolled in the CE System. The system does not retain the records returned from the electronic database queries beyond the time needed to ensure proper electronic delivery to the subscribing agency. Data necessary to implement CE business rules, to perform program assessments, and to satisfy auditing requirements will be retained. D/ As conducting CE will adhere to the principles articulated in Security Executive Agent Directive (SEAD) 6, Continuous Evaluation. SEAD 6 establishes policy and provides high-level guidance and requirements specific to the personnel security investigative process. The CE System is being revised to now also conduct one-time electronic record checks for initial vetting of individuals seeking Executive Branch employment that requires eligibility for access to classified information or to hold a sensitive position. Employment applicants receiving one-time checks of security-relevant information are not enrolled in the CE System for ongoing record checks, and personal identifiers and records returned are only retained in the system for the time needed to ensure proper electronic delivery to the subscribing agency.

The Office of the Director of National Intelligence (ODNI) proposes to: Exempt a new system of records (Continuous Evaluation System) as well as systems of records of the Intelligence Community Office of Inspector General (ICIG) from the requirements of the Privacy Act to the extent that information in each system is subject to the Privacy Act's exemption provisions. The ODNI also proposes to add a new section which restores a list of all ODNI systems of records that are subject to Privacy Act exemption.

In December 2011, the ODNI accepted responsibility from the Information Security Oversight Office (ISOO) to manage the Standard Form 714, Financial Disclosure Report, in accordance with the responsibilities assigned to the Director of National Intelligence (DNI) as the Security Executive Agent. The Standard Form 714 is used across the U.S. Government for assessing an individual's eligibility (or continued eligibility) for access to certain types of classified information. This standard form must be completed and submitted as a condition for access to designated classified information, along with a favorably adjudicated personnel security background investigation or reinvestigation. In accordance with the Office of Management and Budget's (OMB) process for Federal agency adherence to the Paperwork Reduction Act, this 30-day Notice is to advise of ODNI's intent to now submit Standard Form 714 to OMB for review and approval and to invite comments from the general public and other Federal Agencies. As the ODNI proposes no changes to Standard Form 714 and its instructions at this time, the ODNI is seeking to extend the current version of the Standard Form 714 for three additional years from its scheduled expiration on 31 August 2018. On 12 February 2018, the Federal Register published a Notice inviting the general public and other Federal agencies to comment on the ODNI's intent to extend the use of the current version of Standard Form 714 for an additional three years. The Notice resulted in one comment/suggestion from the general public related to ``ways, including the use of information technology, to minimize the burden of the collection of information on all respondents to the Standard Form 714.'' ODNI responded directly to the individual thanking them for their suggestion and stating that ODNI will take the suggestion into consideration.

The Office of the Director of National Intelligence (ODNI) is publishing this direct final rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR.

The Office of the Director of National Intelligence (ODNI) is withdrawing a direct final rule that would have provided procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort.

The Office of the Director of National Intelligence (ODNI) is issuing a final rule exempting two (2) new systems of records from subsections (c)(3); (d)(1),(2),(3),(4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the Privacy Act, and invoking subsection (k)(2) as an additional basis for exempting records from these provisions of the Act with respect to one (1) existing system of records. The ODNI published a notice and a proposed rule implementing these exemptions on May 27, 2015. The enumerated exemptions will be invoked on a case by case basis, as necessary to preclude interference with investigatory, intelligence and counterterrorism functions and responsibilities of the ODNI. The ODNI received no comments regarding the proposed rule.

The Office of the Director of National Intelligence (ODNI) proposes to exempt two new systems of records from subsections (c)(3); (d)(1),(2),(3),(4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the Privacy Act. With respect to the existing system of records named ODNI Information Technology Systems Activity and Access Records (ODNI-19), the ODNI proposes to invoke subsection (k)(2) as an additional rationale for exempting records from these provisions of the Privacy Act. The ODNI has previously established a rule, published on March 28, 2008, that will preserve the exempt status of records it receives when the reason for the exemption remains valid.

In December 2011, the ODNI accepted responsibility from the Information Security Oversight Office (ISOO) to manage the continuation in existence of Standard Form 714: Financial Disclosure Report, in accordance with the responsibilities assigned to the Director of National Intelligence (DNI) as Security Executive Agent. Standard Form 714 is used across the U.S. Government for assessing an individual's eligibility (or continued eligibility) for access to certain types of classified information. This standard form must be completed and submitted as a condition for access to designated classified information, along with a favorably adjudicated personnel security background investigation or reinvestigation. Accordingly, the ODNI is seeking to revive and maintain in effect for an additional three years the version of Standard Form 714 that expired on 6/30/12. The ODNI proposed no changes to the Standard Form 714 and its instructions at this time.

The U.S. Office of Personnel Management (OPM) and the Office of the Director of National Intelligence (ODNI) are proposing to issue regulations regarding designation of national security positions in the competitive service, and related matters. This proposed rule is one of a number of initiatives OPM and ODNI have undertaken to simplify and streamline the system of Federal Government investigative and adjudicative processes to make them more efficient and equitable. The purpose of this revision is to clarify the requirements and procedures agencies should observe when designating, as national security positions, positions in the competitive service, positions in the excepted service where the incumbent can be noncompetitively converted to the competitive service, and career appointments in the Senior Executive Service within the executive branch, pursuant to Executive Order 10450, Security Requirements for Government Employment.

In December 2011, the ODNI accepted responsibility from the Information Security Oversight Office for the maintenance of Standard Form 312: Classified Information Nondisclosure Agreement; Standard Form 713: Consent For Access to Records; and Standard Form 714: Financial Disclosure Report, which are directly related to responsibilities assigned to the Director of National Intelligence (DNI) as Security Executive Agent. Accordingly, ODNI is giving public notice regarding its acceptance of responsibility of the aforementioned forms. Also, section 10 of the Standard Form 312 is being updated as described in the Supplementary Information.

The Office of the Director of National Intelligence (ODNI) is issuing a final rule exempting fourteen (14) new systems of records from subsections (c)(3); (d)(1), (2), (3), (4); (e)(1) and (e)(4)(G), (H), (I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k). The ODNI published a notice and a proposed rule implementing these exemptions on April 2, 2010. The enumerated exemptions will be invoked on a case-by-case basis, as necessary to preclude interference with investigatory, intelligence and counterterrorism functions and responsibilities of the ODNI. This document addresses comments received regarding the proposed rule as applied to the fourteen new systems of records.

The Office of the Director of National Intelligence (ODNI) proposes to exempt fourteen (14) new systems of records from subsections (c)(3); (d)(1), (2), (3), (4); (e)(1) and (e)(4)(G), (H), (I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k).

As there were no comments received during the 60-day comment period announced in the Federal Register, Vol. 74, No. 89, dated May 11, 2009 and ending July 10, 2009, in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the ODNI again invites the general public and Federal agencies to comment on the standard data elements being reviewed under regular review procedures for use by the Intelligence Community agencies and elements, as defined by the National Security Act of 1947, as amended. The title of the standard data element set is ``Ancestry and Ethnicity Data Elements'', and is for the purpose of collecting ancestry and ethnicity data not otherwise captured in Standard Form (SF) 181, ``Ethnicity and Race Identification''. Data collected, obtained by responding to three questions, will assist the Intelligence Community in recruiting and retaining employees of various national, sub-national, cultural and ethnic backgrounds important to the Intelligence Community's mission. Once the standard data elements are approved, each Federal agency and element of the Intelligence Community may make the form available to every Intelligence Community job applicant to voluntarily report this information and data through use of a paper form or other agency information collection process. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. These data elements can be viewed on the Web site https://www.intelligence.gov. Click on Careers, A Place For You, which will direct you to https:// www.intelligence.gov/3place.shtml. Click on the Federal RegisterData Elements link.

In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the ODNI invites the general public and Federal agencies to comment on the standard data elements being reviewed under regular review procedures for use by the Intelligence Community agencies and elements, as defined by the National Security Act of 1947, as amended. The title of the standard data element set is ``Ancestry and Ethnicity Data Elements'', and is for the purpose of collecting ancestry and ethnicity data not otherwise captured in Standard Form (SF) 181, ``Ethnicity and Race Identification''. Data collected, obtained by responding to three questions, will assist the Intelligence Community in recruiting and retaining employees of various national, sub- national, cultural and ethnic backgrounds important to the Intelligence Community's mission. Once the standard data elements are approved, each Federal agency and element of the Intelligence Community may make the form available to every Intelligence Community job applicant to voluntarily report this information and data through use of a paper form or other agency information collection process. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. These data elements can be viewed on the Web site https:// www.intelligence.gov.

This final regulation governs the procedures the ODNI will follow for the production of ODNI information or material in proceedings before federal, state, local or other government entity of competent jurisdiction.