Proposed Rule2025-13581
Privacy Act of 1974; Implementation
Primary source
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Published
July 21, 2025
Issuing agencies
Defense Department
Abstract
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. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from certain provisions of the Privacy Act to protect national security and law enforcement interests.
Full Text
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<title>Federal Register, Volume 90 Issue 137 (Monday, July 21, 2025)</title>
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[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Proposed Rules]
[Pages 34197-34200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13581]
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.
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SUMMARY: 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.
[[Page 34198]]
In this proposed rulemaking, the Department proposes to exempt portions
of this system of records from certain provisions of the Privacy Act to
protect national security and law enforcement interests.
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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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; <a href="/cdn-cgi/l/email-protection#89e6faeda7e4eaa4e8e5ecf1a7e6e8fdfaeda4f9eae5fda7e4ebf1a7f9eae5eda4fae6fbe7c9e4e8e0e5a7e4e0e5"><span class="__cf_email__" data-cfemail="036c70672d6e602e626f667b2d6c627770672e73606f772d6e617b2d73606f672e706c716d436e626a6f2d6e6a6f">[email protected]</span></a>; (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''
This rule is not an Executive Order 14192 regulatory action because
this
[[Page 34199]]
rule is not significant under Executive Order 12866.
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
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 5 U.S.C. 552a.
0
2. Reserve paragraphs (e)(15)-(17).
0
3. Amend Sec. 310.13 is amended by adding paragraph (e)(18) to read as
follows:
Sec. 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.
(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
[[Page 34200]]
records or otherwise setting up procedures pursuant to which
individuals may access, view, and seek to amend records pertaining to
themselves in the system would potentially undermine investigative
efforts, reveal the identities of witnesses, potential witnesses, and
confidential informants, and impose an undue administrative burden.
Accordingly, application of exemptions (k)(1) and (k)(2) may be
necessary.
(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]
BILLING CODE 6001-FR-P
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