9 January 2001 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ------------------------------------------------------------------------- [Federal Register: January 8, 2001 (Volume 66, Number 5)] [Proposed Rules] [Page 1280-1281] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08ja01-17] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 326 National Reconnaissance Office Privacy Act Program AGENCY: National Reconnaissance Office, DOD. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The National Reconnaissance Office (NRO) is proposing to exempt one Privacy Act systems of records. The system of records is QNRO-23, Counterintelligence Issue Files. The exemptions are intended to increase the value of the systems of records for law enforcement purposes, to comply with prohibitions against the disclosure of certain kinds of information, and to protect the privacy of individuals identified in the systems of records. DATES: Comments must be received by March 9, 2001 to be considered by the agency. ADDRESSES: National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808- 5029. SUPPLEMENTARY INFORMATION: Executive Order 12866 It has been determined that this Privacy Act rule for the Department of Defense does not constitute ``significant regulatory action''. Analysis of the rule indicates that it does not have an annual effect on the economy of $100 million or more; does not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; does not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; does not raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in Executive Order 12866. Regulatory Flexibility Act It has been determined that this Privacy Act rule for the Department of Defense does not have significant economic impact on a substantial number of small entities because it is concerned only with the administration of Privacy Act systems of records within the Department of Defense. Paperwork Reduction Act It has been determined that this Privacy Act rule for the Department of Defense imposes no information requirements beyond the Department of Defense and that the information collected within the Department of Defense is necessary and consistent with 5 U.S.C. 552a, known as the Privacy Act, and 44 U.S.C. Chapter 35. List of Subjects in 32 CFR Part 326 Privacy. 1. The authority citation for 32 CFR part 326 continues to read as follows: Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a). 2. Section 326.17 is proposed to be amended by adding paragraphs (e) as follows: Sec. 326.17 Exemptions. * * * * * (e) QNRO-23 (1) System name: Counterintelligence Issue Files. (2) Exemptions: (i) Investigatory material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (ii) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (iii) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). (3) Authority: 5 U.S.C. 552a(k)(2) and (k)(5). (4) Reasons: (i) From subsection (c)(3) because to grant access to the accounting for each disclosure as required by the Privacy Act, including the date, nature, and purpose of each disclosure and the identity of the recipient, could alert the subject to the existence of the investigation or prosecutable interest by NRO or other agencies. This could seriously compromise case preparation by prematurely revealing its existence and nature; compromise or interfere with witnesses or make witnesses reluctant to cooperate; and lead to suppression, alteration, or destruction of evidence. [[Page 1281]] (ii) From subsections (d)(1) through (d)(4), and (f) because providing access to records of a civil or administrative investigation and the right to contest the contents of those records and force changes to be made to the information contained therein would seriously interfere with and thwart the orderly and unbiased conduct of the investigation and impede case preparation. Providing access rights normally afforded under the Privacy Act would provide the subject with valuable information that would allow interference with or compromise of witnesses or render witnesses reluctant to cooperate; lead to suppression, alteration, or destruction of evidence; enable individuals to conceal their wrongdoing or mislead the course of the investigation; and result in the secreting of or other disposition of assets that would make them difficult or impossible to reach in order to satisfy any Government claim growing out of the investigation or proceeding. (iii) From subsection (e)(1) because it is not always possible to detect the relevance or necessity of each piece of information in the early stages of an investigation. In some cases, it is only after the information is evaluated in light of other evidence that its relevance and necessity will be clear. (iv) From subsections (e)(4)(G) and (H) because this system of records is compiled for law enforcement purposes and is exempt from the access provisions of subsections (d) and (f). (v) From subsection (e)(4)(I) because to the extent that this provision is construed to require more detailed disclosure than the broad, generic information currently published in the system notice, an exemption from this provision is necessary to protect the confidentiality of sources of information and to protect privacy and physical safety of witnesses and informants. NRO will, nevertheless, continue to publish such a notice in broad generic terms as is its current practice. (vi) Consistent with the legislative purpose of the Privacy Act of 1974, the NRO will grant access to nonexempt material in the records being maintained. Disclosure will be governed by NRO's Privacy Regulation, but will be limited to the extent that the identity of confidential sources will not be compromised; subjects of an investigation of an actual or potential criminal violation will not be alerted to the investigation; the physical safety of witnesses, informants and law enforcement personnel will not be endangered, the privacy of third parties will not be violated; and that the disclosure would not otherwise impede effective law enforcement. Whenever possible, information of the above nature will be deleted from the requested documents and the balance made available. The controlling principle behind this limited access is to allow disclosures except those indicated above. The decisions to release information from these systems will be made on a case-by-case basis. Dated: December 21, 2000. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 01-416 Filed 1-5-01; 8:45 am] BILLING CODE 5001-10-P ----------------------------------------------------------------------- [Federal Register: January 8, 2001 (Volume 66, Number 5)] [Notices] [Page 1311-1312] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08ja01-38] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE National Reconnaissance Office; Privacy Act of 1974; System of Records AGENCY: National Reconnaissance Office, DOD. ACTION: Notice to add a system of records. ----------------------------------------------------------------------- SUMMARY: The National Reconnaissance Office is adding a system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on February 7, 2001, unless comments are received which result in a contrary determination. ADDRESSES: National Reconnaissance Office, 14675 Lee Road Chantilly, VA 20151-1715. FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808- 5029. SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on December 20, 2000, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency Responsibilities for Maintaining Records About Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: December 21, 2000. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. NRO-23 System name: Counterintelligence Issue Files. System location: Office of Counterintelligence, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Categories of individuals covered by the system: National Reconnaissance Office civilian, military, and contractor personnel who have had foreign travel contacts, incidents, or concerns, and any persons relating to a counterintelligence concern, incident or inquiry, as well as the points of contact. Categories of records in the system: Name, Social Security Number, organization, company, date and place of birth, country, action officer, date received, point of contact, and status of the case including investigatory materials and files. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 424; National Security Act of 1947, as amended, 50 U.S.C. 401 et seq.; E.O. 12333; E.O. 12958; E.O. 12968; and E.O. 9397 (SSN). Purpose(s): Information is used to assign, categorize and administratively track foreign travel, contacts, and incidents or [[Page 1312]] concerns; monitor, analyze, and track counterintelligence activities; and prepare and pursue investigations involving counterintelligence activities. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD `Blanket Routines Uses' published at the beginning of the NRO compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper files and on automated information systems. Retrievability: Name, Social Security Number, organization, company, country, date received, action officer, point of contact and case status. Safeguards: Records are stored in a secure, gated facility, guard, badge, and password access protected. Access to and use of these records are limited to the Counterintelligence staff whose official duties require such access. Electronic data is stored on a networked (Local Area Network) PC, password restricted to the use of the Counterintelligence Staff. Retention and disposal: Records are permanent. System manager(s) and address: Director, Office of Counterintelligence, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include the individual's full name and any aliases or nicknames, address, Social Security Number, current citizenship status, date and place of birth. In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format: If executed without the United States: `I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)'. If executed within the United States, its territories, possessions, or commonwealths: `I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'. Record access procedures: Individuals seeking to access information about themselves contained in this system should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include the individual's full name, and any aliases or nicknames, address, Social Security Number, current citizenship status, date and place of birth. In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format: If executed without the United States: `I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)'. If executed within the United States, its territories, possessions, or commonwealths: `I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'. Contesting record procedures: The NRO rules for accessing records, for contesting contents and appealing initial agency determinations are published in NRO Directive 110-3 and NRO Instruction 110-5; 32 CFR part 326; or may be obtained from the Privacy Act Coordinator, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Record source categories: Information is supplied by the individual, by parties other than the individual, and by government agencies. Exemptions claimed for the system: Investigatory material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. An exemption rule for this exemption has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. 01-415 Filed 1-5-01; 8:45 am] BILLING CODE 5001-10-U ------------------------------------------------------------------------