90 FR 137 pgs. 34197-34200 - Privacy Act of 1974; Implementation
Type: PRORULEVolume: 90Number: 137Pages: 34197 - 34200
Pages: 34197, 34198, 34199, 34200Docket number: [Docket ID: DoD-2025-OS-0177]
FR document: [FR Doc. 2025-13581 Filed 7-18-25; 8:45 am]
Agency: Defense Department
Official PDF Version: PDF Version
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2025-OS-0177]
RIN 0790-AL67
Privacy Act of 1974; Implementation
AGENCY:
Office of the Secretary of Defense (OSD), Department of Defense (DoD).
ACTION:
Proposed rule.
SUMMARY:
[top] The Department of Defense (Department or DoD) is giving concurrent notice of a new Department-wide system of records pursuant to the Privacy Act of 1974 for the DoD-0025, "Counterintelligence Investigations and Collection Activities (CICA)" system of records and this proposed rulemaking.
DATES:
Send comments on or before September 19, 2025.
ADDRESSES:
You may submit comments, identified by docket number and title, by either of the following methods:
*? Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
*? Mail: Department of Defense, Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency, Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox #24, Suite 05F16, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name and docket number or Regulation Identifier Number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at https://www.regulations.gov as they are received without change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT:
Ms. Rahwa Keleta, Defense Privacy and Civil Liberties Directorate, Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency, Department of Defense, 4800 Mark Center Drive, Mailbox #24, Suite 05F16, Alexandria, VA 22350-1700; osd.mc-alex.oatsd-pclt.mbx.pcld-sorn@mail.mil; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, "Counterintelligence Investigations and Collection Activities," (CICA), DoD-0025. This system of records covers DoD's maintenance of records about counterintelligence (CI) investigations and collection activities. The purpose of CICA is to determine whether an individual is acting for or on behalf of foreign powers organizations, or persons, or their agents, or international terrorist organizations or activities. Note. This differs from the purpose of Counterintelligence Functional Services (CIFS), DoD-0010, which is to protect Department resources and personnel from foreign adversaries who seek to exploit sensitive information, operations, and agency programs to the detriment of the U.S. Government. It is also separate from the purpose of the DoD Insider Threat Management and Analysis Center (DITMAC) and DoD Component Insider Threat Records System, DUSDI 01-DoD, which addresses security functions. This system consists of both electronic and paper records and will be used by DoD components and offices to maintain records supporting the CI mission for the Department. Additional information about CICA may be found in the accompanying notice of a new system of records, published elsewhere in today's issue of the Federal Register .
II. Privacy Act Exemption
The Privacy Act allows Federal agencies to exempt eligible records in a system of records from certain provisions of the Act, including those that provide individuals with a right to request access to and amendment of their own records. If an agency intends to exempt a particular system of records, it must first go through the rulemaking process to provide public notice and an opportunity to comment on the proposed exemption. This proposed rule explains why exemptions are being claimed for this system of records and invites public comment, which the DoD will consider before the issuance of a final rule implementing those exemptions.
The DoD proposes to modify 32 CFR part 310 to add a new Privacy Act exemption rule for the DoD-0025, CICA system of records. In this proposed rule, the Department proposes to exempt portions of this system of records from certain provisions of the Privacy Act because information in this system of records may fall within the scope of the following Privacy Act exemptions: 5 U.S.C. 552a(k)(1) and 5 U.S.C. 552a(k)(2).
The DoD is proposing to add a new Privacy Act exemption rule because records within this system of records may contain classified national security information and providing notice, access, amendment, and disclosure of accounting of those records to an individual, as well as certain recordkeeping requirements, may cause damage to national security. The Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), authorizes agencies to claim an exemption for systems of records that contain information properly classified pursuant to executive order. The DoD therefore is proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain recordkeeping and notice requirements, to prevent disclosure of any information properly classified pursuant to executive order, as implemented by DoD Instruction 5200.01 and DoD Manual 5200.01, Volumes 1 and 3.
The DoD is also proposing this Privacy Act exemption rule because this system of records may contain investigatory material compiled for law enforcement purposes within the scope of 5 U.S.C. 552a(k)(2). This exemption authorizes agencies to claim an exemption for systems of records that contain investigatory materials compiled for law enforcement purposes, other than material within the scope of 5 U.S.C. 552a(j)(2). Because information in this system may contain such investigatory materials for the purpose of receiving, evaluating, and sharing lead information for investigative inquiry and follow-up, the Department is proposing to claim an exemption for this system pursuant to 5 U.S.C. 552a(k)(2).
The DoD therefore proposes to exempt this system from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain record-keeping and notice requirements, to prevent identification of actual or potential subjects of investigation and/or identification of sources of investigative information so as to prevent harm to the underlying law enforcement purpose.
A notice of a new system of records for DoD-0025 is also published in this issue of the Federal Register .
Regulatory Analysis
Executive Order 12866, "Regulatory Planning and Review," and Executive Order 13563, "Improving Regulation and Regulatory Review."
Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. It has been determined that this rule is not a significant regulatory action.
Executive Order 14192, "Unleashing Prosperity Through Deregulation"
[top] This rule is not an Executive Order 14192 regulatory action because this
Section 202, Public Law 104-4, "Unfunded Mandates Reform Act"
Section 202(a) of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532(a)) requires agencies to assess anticipated costs and benefits before issuing any rule whose mandates may result in the expenditure by State, local, and Tribal Governments in the aggregate, or by the private sector, in any one year of $100 million in 1995 dollars, updated annually for inflation. This rule will not mandate any requirements for State, local, or Tribal Governments, nor will it affect private sector costs.
Public Law 96-354, "Regulatory Flexibility Act" (5 U.S.C. Chapter 6)
The Acting Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency has certified that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule is concerned only with the administration of Privacy Act systems of records within the DoD. Therefore, the Regulatory Flexibility Act, as amended, does not require DoD to prepare a regulatory flexibility analysis.
Public Law 96-511, "Paperwork Reduction Act" (44 U.S.C. Chapter 35)
The Paperwork Reduction Act (44 U.S.C. 3501 et seq. ) was enacted to minimize the paperwork burden for individuals; small businesses; educational and nonprofit institutions; Federal contractors; State, local, and Tribal Governments; and other persons resulting from the collection of information by or for the Federal Government. The Act requires that agencies obtain approval from the Office of Management and Budget before using identical questions to collect information from ten or more persons. This rule does not impose reporting or recordkeeping requirements on the public.
Executive Order 13132, "Federalism"
Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule that has Federalism implications, imposes substantial direct compliance costs on State and local governments, and is not required by statute, or has federalism implications and preempts state law. This rule will not have a substantial effect on State and local Governments.
Executive Order 13175, "Consultation and Coordination With Indian Tribal Governments"
Executive Order 13175 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct compliance costs on one or more Indian Tribes, preempts Tribal Law, or affects the distribution of power and responsibilities between the Federal Government and Indian Tribes. This rule will not have a substantial effect on Indian Tribal Governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is proposed to be amended as follows:
PART 310-PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974
1. The authority citation for 32 CFR part 310 continues to read as follows:
Authority:
5 U.S.C. 552a.
2. Reserve paragraphs (e)(15)-(17).
3. Amend §?310.13 is amended by adding paragraph (e)(18) to read as follows:
§?310.13 Exemptions for DoD-wide systems.
(e) * * *
(18) System identifier and name. DoD-0025, "Counterintelligence Investigations and Collection Activities, (CICA)."
(i) Exemptions. This system of records is exempt from 5 U.S.C. 552a(c)(3); (d)(1), (2), (3), and (4); (e)(1); (e)(4)(G), (H), and (I); and (f) of the Privacy Act.
(ii) Authority. 5 U.S.C. 552a(k)(1) and (k)(2).
(iii) Exemption from the particular subsections. Exemption from the particular subsections is justified for the following reasons:
(A) Subsections (c)(3), (d)(1), and (d)(2).
( 1 ) Exemption (k)(1). Records in this system of records may contain information concerning individuals that is properly classified pursuant to executive order. Application of exemption (k)(1) for such records may be necessary because access to and amendment of the records, or release of the accounting of disclosures for such records, could reveal classified information. Disclosure of classified records to an individual may cause damage to national security.
( 2 ) Exemption (k)(2). Records in this system of records may contain investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2). Application of exemption (k)(2) for such records may be necessary because access to, amendment of, or release of the accounting of disclosures of such records could: inform the record subject of an investigation of the existence, nature, or scope of an actual or potential law enforcement or disciplinary investigation, and thereby seriously impede law enforcement or prosecutorial efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or disciplinary measures; interfere with a civil or administrative action or investigation by allowing the subject to tamper with witnesses or evidence, and to avoid detection or apprehension, which may undermine the entire investigatory process; and result in an unwarranted invasion of the privacy of others. Amendment of such records could also impose a highly impracticable administrative burden by requiring investigations to be continuously reinvestigated.
(B) Subsections (d)(3) and (4). These subsections are inapplicable to the extent an exemption is claimed from (d)(2).
(C) Subsection (e)(1). Records within this system may be properly classified pursuant to executive order. Disclosure of classified records to an individual may cause damage to national security. Additionally, in the collection of information for investigatory or law enforcement purposes, it is not always possible to conclusively determine the relevance and necessity of particular information in the early stages of the investigation or adjudication. In some instances, it will be only after the collected information is evaluated in light of other information that its relevance and necessity for effective investigation and adjudication can be assessed. Accordingly, application of exemptions (k)(1) and (k)(2) may be necessary.
[top] (D) Subsections (e)(4)(G) and (H), and Subsection (f). These subsections are inapplicable to the extent exemption is claimed from the access and amendment provisions of subsection (d). Because portions of this system are exempt from the individual access and amendment provisions of subsection (d) for the reasons noted above, the DoD is not required to establish requirements, rules, or procedures with respect to such access or amendment provisions. Providing notice to individuals with respect to the existence of records pertaining to them in the system of
(E) Subsections (e)(4)(I). To the extent that this provision is construed to require more detailed disclosure than the broad information currently published in the system notice concerning categories of sources of records in the system, an exemption from this provision is necessary to protect national security and the confidentiality of sources and methods, and other classified information.
(iv) Exempt records from other systems. In the course of carrying out the overall purpose for this system, exempt records from other systems of records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior system(s) of which they are a part, provided the reason for the exemption remains valid and necessary.
Dated: July 16, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-13581 Filed 7-18-25; 8:45 am]
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