National Intelligence, Office of the National Director 2018 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974: System of Records
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.
Privacy Act of 1974; System of Records
ODNI provides notice that it is establishing one new Privacy Act system of records at the National Counterintelligence and Security Center (NCSC). This new system of records is titled the NCSC Continuous Evaluation System, also identified as ODNI/NCSC-003. This notice is necessary to inform the public of the existence and character of records that the agency maintains. Continuous Evaluation (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/As) that sponsor these individuals for access to classified information or to hold a sensitive position ``enroll'' the individuals (enrollees) for CE by electronically entering their identifying information into a technical system that carries out the CE capability. All D/As are required to submit their qualifying populations to CE. D/As may choose to develop a technical CE system of their own, or subscribe to CE services provided by another agency. The ODNI/NCSC will provide CE services to subscribing agencies. The NCSC CE System leverages electronic checks of government and commercial databases and, based on automated business rules, transmits alerts and reports to the enrolling D/A. Datasets 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 data and commercially-obtained aggregated data also is utilized. On receipt of the electronic prompt, the personnel security function at the enrolling agency verifies 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, appropriate 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 the follow-on investigation is considered in adjudicating the enrollee's continued eligibility for access to classified information or to hold a sensitive position. The NCSC CE System retains the enrollment information (personal identifiers as provided by the enrolling D/A) in order to facilitate ongoing CE checks. The system does not retain the records returned from the electronic database queries beyond the time needed to ensure proper electronic delivery to the enrolling 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 the Security Executive Agent Directive (SEAD) relating to CE (i.e., SEAD 6). A SEAD provides high level guidance and instruction for the conduct of a personnel security process. SEAD 6 establishes policy and requirements specifically related to CE.
Agency Information Collection Activities: Extension of Information Collection; Comment Request
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.
Agency Information Collection Activities: Extension of Information Collection; Comment Request
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. Accordingly, the ODNI is seeking to extend the current version of the Standard Form 714 for three additional years from its scheduled expiration on 28 February 2018. The ODNI proposed no changes to the Standard Form 714 and its instructions at this time.
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