[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Notices]
[Pages 34253-34256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13582]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2025-OS-0178]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: 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.
This differs from the purpose of Counterintelligence Functional
Services (CIFS), DoD-0010, which protects 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. Additionally, DoD is issuing a Notice of Proposed
Rulemaking, which proposes to exempt this system of records from
certain provisions of the Privacy Act, elsewhere in today's issue of
the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before August 20,
2025. The Routine Uses are effective at the close of the comment
period, unless comments have been received from interested members of
the public that require modification and republication of the notice.
ADDRESSES: You may submit comments, identified by docket number and
title, by either of the following methods:
* Federal Rulemaking 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 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, 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; [email protected]; (703)
571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the ``Counterintelligence Investigations and
Collection Activities, (CICA),'' DoD-0025 as a new DoD-wide Privacy Act
system of records. This system of records will ultimately replace
multiple systems of records currently maintained at the component level
for the same purpose. A DoD-wide system of records notice (SORN)
supports multiple DoD paper or electronic recordkeeping systems
operated by more than one DoD component that maintain the same kind of
information about individuals for the same purpose. Establishment of
DoD-wide SORNs helps DoD standardize the rules governing the
collection, maintenance, use, and sharing of personal information in
key areas across the enterprise. DoD-wide SORNs also reduce duplicative
and overlapping SORNs published by separate DoD components. The
creation of DoD-wide SORNs is expected to make locating relevant SORNs
easier for DoD personnel and the public, and create
[[Page 34254]]
efficiencies in the operation of the DoD privacy program.
CI investigations are formal investigative activities undertaken by
the Military Department CI Organizations 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, and to determine actions required to neutralize such
acts. They are investigations in which there is a reasonable belief a
member of the U.S. military; a civilian employee or contractor of DoD;
or an individual having access to DoD installations, personnel, or
information, is engaged in spying or poses a threat to national
security. CI collection activities are conducted to acquire information
to answer collection requirements to determine if foreign intelligence
entities present a threat to U.S. operations, personnel, organizations,
or programs. These collection activities may provide the foundation for
operations and activities to counter, influence, or negate these
threats. They include documents review, liaisons with U.S. and foreign
intelligence security, military, and law-enforcement entities.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Defense Privacy, Civil Liberties Directorate website at https://pclt.defense.gov/DIRECTORATES/Privacy-and-Civil-Liberties-Directorate/Privacy/SORNs/.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: July 16, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Counterintelligence Investigations and Collection Activities
(CICA), DoD-0025.
SECURITY CLASSIFICATION:
Unclassified; Classified.
SYSTEM LOCATION:
A. Department of Defense (Department or DoD), located at 1000
Defense Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations.
B. Information may also be stored within a government-certified
cloud, implemented and overseen by the Department's Chief Information
Officer (CIO), 6000 Defense Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system managers for this system of records are as follows:
A. Director for Defense Counterintelligence, Law Enforcement and
Security, Office of the Under Secretary of Defense for Intelligence and
Security, 1000 Defense, Pentagon, Washington, DC 20301-1100, who is
also responsible for implementing policy for the Counterintelligence
Collection Activities and Counterintelligence Investigations programs
within the Department.
B. Commander, United States Air Force Office of Special
Investigations (AFOSI), Department of the Air Force (including Space
Command), 27130 Telegraph Road, Quantico, VA 22134, phone number (571)
305-8044.
C. Deputy Chief of Staff for Intelligence, Headquarters, Department
of the Army, 1001 Army Pentagon, Washington, DC 20310-1001.
D. Director, United States Naval Criminal Investigation Service
(NCIS), Department of the Navy (Navy and Marine Corps), 27130 Telegraph
Road, Quantico, 22134.
Note 1. Whereas each component conducts counterintelligence
functional services, as described in Counterintelligence Functional
Services (CIFS), DoD-0010, the Military Department Counterintelligence
Organizations (MDCOs) are the only organizations within the DoD that
may conduct counterintelligence investigations, as described in this
SORN.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
National Security Agency Act of 1959, as amended (Pub. L. 86-36)
(codified at 50 U.S.C. 3601 et seq.); the Foreign Intelligence
Surveillance Act (FISA), as amended (Pub. L. 95-511) (codified at 50
U.S.C. 1801 et seq.); 44 U.S.C. Subchapter II (3551-3559), Information
Security (Federal Information Security Modernization Act of 2014
(FISMA)); 50 U.S.C. 3381, Coordination of Counterintelligence
Activities; Executive Order (E.O.) 12333, as amended, United States
intelligence activities; E.O. 13526, Classified National Security
Information; National Security Directive 42, National Policy for the
Security of National Security Telecommunications and Information
Systems; E.O. 9397 (SSN), as amended by E.O. 13478.
PURPOSE(S) OF THE SYSTEM:
A. To investigate alleged acts by an individual for or on behalf of
a foreign power seeking to harm or undermine the security of the United
States.
B. To obtain information to answer counterintelligence collection
requirements and determine if foreign intelligence entities present a
threat to U.S. operations, personnel, organizations, or programs. These
activities may provide the foundation for operations and activities to
counter, influence, or negate these threats and include document
reviews, liaisons with U.S. and foreign intelligence security,
military, and law-enforcement entities, and counterintelligence
collection activities.
C. To support case management to include case tracking, evidence,
statements, reports, and other records necessary to support appropriate
administrative, disciplinary, and adjudicative action.
D. To compile statistical information to accomplish management
studies, quality control, fulfill mandatory training requirements, and
to ensure that completed investigations are legally sufficient.
Note 2. 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.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals involved in, mentioned in, and/or supporting CI
investigations and collection activities, including by not limited to
complainants, sources, subjects, and witnesses; individuals within
DoD's investigatory jurisdiction, including military and civilian
personnel or contract employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
CI investigations and collection activities records include CI
awareness and reporting records, threat assessment
[[Page 34255]]
records, incident assessment records, and records produced as a result
of CI specialized technical services, e.g., Technical Surveillance and
Countermeasures. These records may contain the following data elements
as necessary:
A. Personal information such as: names, social security numbers
(SSN), DoD/ID numbers, employee identification numbers, date and place
of birth, addresses, contact information, biometric information,
fingerprints and retinal data, medical/psychological information,
travel identification information (passport, visa, resident alien),
driver's license information (state, number, and expiration date,
etc.), biographic information, family and dependent information, sex,
race/ethnicity, and property information.
B. Employment information such as: position/title, rank/grade, duty
station; work address, email address, supervisor's name and contact
information, military records, personnel security information,
employment personnel files, financial information (to include tax
identification information), financial reports and transaction data,
and education and training records.
Note 3. Records supporting the counterintelligence mission, which
safeguards Department resources and personnel against foreign
adversaries seeking to exploit sensitive information, operations, and
programs, potentially harming the U.S. Government are maintained under
Counterintelligence Functional Services (CIFS), DoD-0010. However, such
records may become part of this system when they are necessary to
accomplish the purpose of this system.
Note 4. Records supporting the insider threat program, which
focuses on security functions, are maintained under the DoD Insider
Threat Management and Analysis (DITMAC) and DoD Component Insider
Threat Records System, DUSDI 01-DoD. However, such records may become
part of this system when they are necessary to accomplish the purpose
of this system.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from: complainants, sources, subjects, or witnesses,
government sources (Federal, state, local, tribal and foreign), social
media, periodicals, newspapers, information from commercial databases,
and information from classified sources to include intelligence
reports, security sources, law enforcement information, and
correspondence.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a Routine Use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
relevant and necessary.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms that there has been a breach of the system of
records; (2) the DoD has determined that as a result of the suspected
or confirmed breach there is a risk of harm to individuals, the DoD
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the DoD's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To third parties during the course of an authorized inquiry to
the extent necessary to obtain information pertinent to the inquiry,
provided disclosure is appropriate to the proper performance of the
official duties of the DoD official making the disclosure.
L. To U.S. Government agencies or organizations for the purpose of
notifying, coordinating, or addressing actual or potential compromises
of classified information.
M. To appropriate Federal, state, local, territorial, tribal,
foreign or international agencies for the purpose of
counterintelligence activities authorized by U.S. law or Executive
Order, or for the purpose of executing or enforcing laws designed to
protect the national security or homeland security of the United
States, including those relating to the sharing of records or
information concerning terrorism, homeland security, or law
enforcement.
N. To designated officers, contractors, and employees of Federal,
state, local, territorial, tribal, international, or foreign agencies
for the purpose of the hiring, detailing, licensing, or retention of an
individual, the conduct of a suitability or security investigation, the
letting of a contract, or the issuance of a license, grant or other
benefit, to the extent that the information is relevant and necessary
to the agency's decision on the matter.
O. To the DOJ and other Federal, State, or local government
prosecuting
[[Page 34256]]
or litigating agencies, for the purpose of satisfying obligations under
Giglio (405 U.S. 150 (1972)) and Henthorn (931 F.2d 29 (9th Cir.
1991)), as well as the DOJ United States Attorneys' Manual, Section 9-
5.100 and DoD IG Instruction 5500.1, DOJ Requirements for Potential
Impeachment Information (Giglio Policy), or DoD OIG initiated
notifications of similar information.
P. To the Department of State when it requires information to
consider and/or provide a disclosure of information, or an informed
response to a request for information, from a foreign, international,
or intergovernmental agency, authority, or organization about an
enforcement, counterintelligence, or national security matter with
transnational implications.
Q. To the news media and the public, with the approval of the Under
Secretary of Defense for Intelligence and Security in consultation with
counsel, when there exists a legitimate public interest in the
disclosure of the information, when disclosure is necessary to preserve
confidence in the integrity of DoD, or when disclosure is necessary to
demonstrate the accountability of DoD's officers, employees, or
individuals covered by the system, except to the extent the Under
Secretary determines that release of the specific information in the
context of a particular case would constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by personal and employment data elements
that may identify the individual to whom the reporting pertains,
including, but not limited to, name, social security number, DoD/ID or
employment identification number, and email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed of in accordance with National
Archives and Records Administration Schedules and authorized DoD
component Records Disposition Schedules. The retention period for
specific records may be obtained by contacting the system manager for
the Component.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely applies
administrative, technical, and physical safeguards to information
systems and paper recordkeeping systems such as the following:
multifactor authentication, including CAC authentication and password;
physical token as required; physical and technological access controls
governing access to data; network encryption to protect data
transmitted over the network; disk encryption security disks storing
data; key management services to safeguard encryption keys; masking of
sensitive data as practicable; mandatory information assurance and
privacy training for individuals who will have access to sensitive
data; identification and marking of PII; physical access safeguards
including multifactor identification physical access controls,
detection and electronic alert systems for access to servers and other
network infrastructure, and electronic intrusion detection systems in
DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD component with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system of records.
The public may identify the contact information for the appropriate DoD
office through the following website: www.FOIA.gov. Signed written
requests should contain the name and number of this system of records
notice along with the full name, current address, email address, and
date of birth of the individual. In addition, the requester must
provide either a notarized statement or an unsworn declaration made in
accordance with 28 U.S.C. 1746, in the appropriate format:
If executed outside 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:
Individuals seeking to amend or correct the content of records
about them should follow the procedures in 32 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
DoD has exempted records maintained in this system 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, pursuant to 5 U.S.C. 552a(k)(1) and (k)(2)
as applicable. An exemption rule for this system has been promulgated
in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and
(3), (c), and (e) and published in 32 CFR part 310. In addition, when
exempt records received from other systems of records become part of
this system, DoD also claims the same exemptions for those records that
are claimed for the prior system(s) of records of which they were a
part, and claims any additional exemptions set forth here.
HISTORY:
None.
[FR Doc. 2025-13582 Filed 7-18-25; 8:45 am]
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