National Intelligence, Office of the National Director November 5, 2021 – Federal Register Recent Federal Regulation Documents

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.