Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 193 (Thursday, October 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60713-60715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20991]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Email: <a href="/cdn-cgi/l/email-protection#b7c3c5d6d9c4c7d6c5d2d9d4cef7d3d9de99d0d8c1"><span class="__cf_email__" data-cfemail="6f1b1d0e011c1f0e1d0a010c162f0b010641080019">[email protected]</span></a>.
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 <a href="http://www.dni.gov">http://www.dni.gov</a>).
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]
BILLING CODE 9500-01-P-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.