[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60713-60715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20991]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE


Privacy Act of 1974; System of Records

AGENCY: Office of the Director of National Intelligence (ODNI).

ACTION: Notice of a proposed new system of records.

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SUMMARY: 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.

DATES: This proposed new System of Records will go into effect on 
November 7, 2022, unless comments are received that result in a 
contrary determination.

ADDRESSES: Comments may be submitted by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
    Email: [email protected].
    Mail: Director, Information Management Office, Chief Operating 
Officer, ODNI, Washington, DC 20511.

SUPPLEMENTARY INFORMATION: The NIU is the Intelligence Community's (IC) 
sole

[[Page 60714]]

accredited, federal degree-granting institution. Cleared government 
students, representing a mixture from federal agencies and all branches 
of the United States Armed Services, come to NIU to gain knowledge, 
drive debate, participate in collaborative learning and information 
sharing, and engage in research concerning intelligence and national 
security topics in a classified setting. Previously, NIU was part of 
the Defense Intelligence Agency (DIA). However, Congress subsequently 
mandated that the Director of National Intelligence (DNI) and the 
Secretary of Defense work together to transition the NIU from the DIA 
and into the ODNI. See Section 5324(b) (l) of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92) 
(hereafter FY 2020 NDAA).
    Specifically, in 2017, a Congressional panel offered alternative 
governance models to enhance NIU, to include a more prominent role for 
ODNI. See The Joint Explanatory Statement accompanying the Intelligence 
Authorization Act for Fiscal Year 2017. The Secretary of Defense and 
the House Permanent Select Committee on Intelligence (HPSCI) also 
concluded that DIA would benefit from moving NIU elsewhere in the IC 
with HPSCI supporting NIU's transfer to ODNI. Additional Congressional 
direction (see FY 2020 NDAA) required that the Department of Defense 
(DoD) remain involved in NIU's governance, that DoD personnel serve as 
faculty at the ODNI-led university, that DoD embrace NIU being moved to 
ODNI and that DoD not attempt to create a new intelligence college to 
replace NIU. Both the House Committee on Oversight and Government 
Reform and the Senate Committee on Homeland Security and Governmental 
Affairs did not have any objections to the DNI and Under Secretary of 
Defense for Intelligence and Security letters that certified that they 
met congressional requirements that informed the transfer of NIU to 
ODNI. ODNI certified before the inauguration and DIA certified a few 
months later. On December 2019, Congress directed the Secretary of 
Defense and the DNI to effect an organizational transition of NIU from 
DIA to ODNI. On 20 June 2021, NIU transitioned from the DIA to the 
ODNI. In this new capacity, NIU will continue to serve the intelligence 
and national security professionals from the IC components and the U.S. 
Government.
    This notice informs the public of a proposed new system of records 
to administer the NIU program at ODNI. ODNI administration of the NIU 
program includes review of proposed new applicant submissions for 
attendance eligibility, coursework, evaluation of student progress, and 
academic activities and achievements; identifying and coordinating with 
prospective and invited guest speakers; and managing the school, 
including faculty, staff, instructors, administrative support 
personnel, and the Board of Visitors.
    The NIU is the sole accredited, federal degree-granting institution 
within the IC and grants undergraduate and graduate degrees in 
intelligence related disciplines to IC, DoD, and other U.S. Government 
personnel.
    In December 2019, Congress directed the Secretary of Defense and 
the DNI to effect an organizational transition of NIU from DIA to ODNI. 
In March 2020, DIA and ODNI began this transition with DIA continuing 
to host NIU-related Privacy Act records under DIA's Privacy Act System 
of Records Notice (SORN) until such time when ODNI established a new 
SORN for those records. The relevant DIA SORN for NIU-related records 
is LDIA 0011 ``Student Information Files,'' 78 FR 47308 (05 August 
2013). Once the new ODNI Privacy Act System of Records Notice goes into 
effect, DIA will rescind LDIA 0011.

SYSTEM NAME AND NUMBER:
    NIU Program Records (ODNI/NIU-01).

SECURITY CLASSIFICATION:
    The classification of records in this system ranges from 
UNCLASSIFIED to TOP SECRET.

SYSTEM LOCATION:
    Office of the Director of National Intelligence, Washington, DC 
20511.

SYSTEM MANAGER(S):
    President, National Intelligence University, 4600 Sangamore Road, 
Bethesda, MD 20816.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Intelligence Reform and Terrorism Prevention Act of 2004, 
Public Law 108-458, 118 Stat. 3638 (17 December 2004); Pursuant to 
section 5324(b)(l) of the National Defense Authorization Act for FY 
2020 (Pub. L. 116-92); 50 U.S. Code 3334a-Transfer of National 
Intelligence University to the Office of the Director of National 
Intelligence; 50 U.S. Code 3227a-Degree granting authority; 50 U.S. 
Code 3322, Additional education and training requirements; and 
Executive Order 9397 Relating to Federal Agency Use of Social Security 
Numbers. E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    Records in this system are collected to administer the NIU's 
accredited, federal degree-granting program, including confirming 
applicant attendance eligibility; monitoring student progress; 
producing records of grades, activities, and achievements; preparing 
assignment rosters; rendering management, statistical summaries, and 
other reports; identifying and coordinating with prospective and 
invited guest speakers; and managing the faculty, staff, instructors, 
administrative support personnel, and NIU's Board of Visitors.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All Federal government personnel (includes current and former 
faculty and staff), all prospective, current and former students of NIU 
programs for research and degree-granting requirements who have 
attended NIU.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains information supplied by the sponsoring agency 
and the program participants, including student application; 
demographic information; consent forms; supporting correspondence; 
class rosters and directories. The records contain the name; date of 
birth; Social Security Number (SSN); addresses; telephone numbers; 
information pertaining to personnel, past, present and projected 
assignments; educational background; academic/fitness reports; letters 
of course completion; and academic transcripts.

RECORD SOURCE CATEGORIES:
    Record source categories include individuals, military service 
components, educational institutions, previous employees, and other 
Federal agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    See General Routine Uses Applicable to More than One ODNI Privacy 
Act System of Records, Subpart C of ODNI's Privacy Act Regulation 
published at 32 CFR part 1701 (73 FR 16531, 16541), and incorporated by 
reference (see also http://www.dni.gov).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records stored in secure file servers located in 
government-managed facilities or in government-leased private cloud-
based systems. Paper records stored in government-managed or 
government-leased facilities.

[[Page 60715]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name, SSN, or other unique identifier.

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 1224-Disposition of Federal records will not be disposed of 
until such time as the ODNI implements a NARA-approved Records Control 
Schedule to include disposition of NIU program files.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system 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 authorized government personnel and 
contractors holding appropriate security clearances and who have a 
valid business reason to access the records. Electronic authorization 
and authentication of users is required at all points before authorized 
users can access any system information. Communications are encrypted 
where required and other safeguards are in place to monitor and audit 
access, and to detect intrusions. System backup are maintained 
separately.

RECORD ACCESS PROCEDURES:
    As specified below, records in this system are exempt 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, 
complete address, NIU program attended, and dates of attendance. 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:
    Individuals seeking to correct or amend 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:
    Individuals seeking to learn whether this system contains non-
exempt information about them should address inquiries to the ODNI at 
the address and according to the requirements set forth above under the 
heading ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    During NIU's tenure with DIA, the relevant Privacy Act System of 
Records Notice was LDIA 0011-Student Information Files, 58 FR 10613 (22 
February 1993), as amended by 71 FR 32322 (05 June 2006), 74 FR 52464 
(13 October 2009), 75 FR 26201 (11 May 2010), and 78 FR 47308 (05 
August 2013).
    In accordance with 5 U.S.C. 552a(r), ODNI has provided a report of 
this notice to the Office of Management and Budget and to Congress.

Gregory M. Koch,
Director, Information Management Office, Chief Operating Officer, 
Office of the Director of National Intelligence.
[FR Doc. 2022-20991 Filed 10-5-22; 8:45 am]
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