Proposed Rule2024-25035
Privacy Act of 1974; Implementation
Primary source
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Published
October 29, 2024
Issuing agencies
Defense Department
Abstract
The Department of Defense (Department or DoD) is giving concurrent notice of a new system of records pursuant to the Privacy Act of 1974 for the DoD-0024, "Catch a Serial Offender (CATCH) Program Records," 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 avoid interference during the conduct of criminal, civil, or administrative actions or investigations; and to protect the identity of confidential sources incident involving adult sexual assault allegations.
Full Text
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<title>Federal Register, Volume 89 Issue 209 (Tuesday, October 29, 2024)</title>
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[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Proposed Rules]
[Pages 85892-85895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25035]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2024-OS-0112]
RIN 0790-AL45
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary, 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 system of
[[Page 85893]]
records pursuant to the Privacy Act of 1974 for the DoD-0024, ``Catch a
Serial Offender (CATCH) Program Records,'' 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 avoid interference during the conduct
of criminal, civil, or administrative actions or investigations; and to
protect the identity of confidential sources incident involving adult
sexual assault allegations.
DATES: Send comments on or before December 30, 2024.
ADDRESSES: You may submit comments, identified by docket number and
title, by any 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 (RIN) 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, <a href="/cdn-cgi/l/email-protection#226d71660c6672616e7666624f434b4e0c4f4b4e"><span class="__cf_email__" data-cfemail="531c00177d1703101f0717133e323a3f7d3e3a3f">[email protected]</span></a>,
(703) 256-1408.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the DoD is establishing
a new system of records titled ``Catch a Serial Offender (CATCH)
Program Records,'' DoD-0024. This system of records covers DoD's
maintenance of records used to collect and compare sexual assault
reports for the purpose of identifying alleged serial sexual assault
offenders. These records will consist of information voluntarily
submitted into the CATCH system by eligible victims who elect to
participate in the CATCH program and provide information about an
alleged adult sexual assault incident, without identifying such
victims, through established CATCH processes.
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 an exemption is
being claimed for this system of records and invites public comment,
which DoD will consider before the issuance of a final rule
implementing the exemption.
The DoD proposes to modify 32 CFR part 310 to add a new Privacy Act
exemption rule for the DoD-0024, ``Catch a Serial Offender (CATCH)
Program Records,'' system of records. The DoD proposes to exempt this
system of records because these records support the conduct of criminal
law enforcement activities, and certain requirements of the Privacy Act
may interfere with the effective execution of these activities. The
Privacy Act, pursuant to 5 U.S.C. 552a(j)(2), authorizes agencies with
a principal law enforcement function pertaining to the enforcement of
criminal laws (including activities of prosecutors, courts, etc.) to
claim an exemption for systems of records that contain information
identifying criminal offenders and alleged offenders, information
compiled for the purpose of criminal investigation, or reports compiled
during criminal law enforcement proceedings. The DoD is proposing to
claim exemptions from several provisions of the Privacy Act, including
various access, amendment, disclosure accounting, and notice
requirements, pursuant to 5 U.S.C. 552a(j)(2) to prevent the harms
articulated in this rule from occurring.
A notice of a new system of records for DoD-0024, ``Catch a Serial
Offender (CATCH) Program Records,'' is published elsewhere in this
issue of the Federal Register.
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review,'' as Amended
by Executive Order 14094, ``Modernizing Regulatory Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 (as amended by Executive Order 14094) 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.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202(a) of the Unfunded Mandates Reform Act of 1995 (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 Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency has certified that this proposed 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 proposed 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 agencies obtain approval from the Office of Management and
Budget before using identical questions to collect information from ten
or more persons. This proposed rule does not impose reporting or
recordkeeping requirements on the public.
[[Page 85894]]
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 proposed 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 proposed 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. Amend Sec. 310.13 by adding paragraph (e)(15) to read as follows:
Sec. 310.13 Exemptions for DoD-wide systems.
* * * * *
(e) * * *
(15) System identifier and name. DoD-0024, ``Catch a Serial
Offender (CATCH) Program Records.''
(i) Exemptions. This system of records is exempt from 5 U.S.C. 552a
(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1); (e)(2); (e)(3);
(e)(4)(G), (H), and (I); (e)(5); (e)(8); (f) and (g).
(ii) Authority. 5 U.S.C. 552a (j)(2).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections is justified pursuant to 5 U.S.C. 552a(j)(2) for
the following reasons:
(A) Subsection (c)(3), (d)(1), and (d)(2). Records in this system
of records may contain investigatory material compiled for criminal law
enforcement purposes to include information identifying criminal
offenders and alleged offenders, information compiled for the purpose
of criminal investigation, or reports compiled during criminal law
enforcement proceedings. Application of exemption (j)(2) may be
necessary as access to, amendment of, or release of the accounting of
disclosures of such records could inform a 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 or disciplinary measures; access
to, amendment of, or release of the accounting of disclosures could
also reveal confidential sources who might not have otherwise come
forward to assist in an investigation and thereby hinder DoD's ability
to obtain information from future confidential sources and result in an
unwarranted invasion of the privacy of others.
(B) Subsection (c)(4), (d)(3) and (4). These subsections are
inapplicable to the extent that an exemption is being claimed from
subsections (d)(1) and (2).
(C) Subsection (e)(1). 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.
Collection of such information permits more informed decision-making by
the Department when making required disciplinary and prosecutorial
determinations.
(D) Subsection (e)(2). To collect information from the subject
individual could serve notice that he or she is the subject of a
criminal investigation and thereby present a serious impediment to such
investigations. Collection of information only from the individual
accused of criminal activity or misconduct could also subvert discovery
of relevant evidence and subvert the course of justice. Accordingly,
application of exemption (j)(2) may be necessary.
(E) Subsection (e)(3). To inform individuals as required by this
subsection could reveal the existence of a criminal investigation and
compromise investigative efforts. Accordingly, application of exemption
(j)(2) may be necessary.
(F) Subsection (e)(4)(G) and (H). These subsections are
inapplicable to the extent exemption is claimed from subsections (d)(1)
and (2).
(G) Subsection (e)(4)(I). To the extent that this provision is
construed to require more detailed disclosure about record sources than
the broad, generic information currently published in the system
notice, an exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. Accordingly, application
of exemption (j)(2) may be necessary.
(H) Subsection (e)(5). It is often impossible to determine in
advance if investigatory records contained in this system are accurate,
relevant, timely and complete, but, in the interests of effective law
enforcement, it is necessary to retain this information to maintain an
accurate record of the investigatory activity to preserve the integrity
of the investigation and satisfy various Constitutional and evidentiary
requirements, such as mandatory disclosure of potentially exculpatory
information in the investigative file to a defendant. It is also
necessary to retain this information to aid in establishing patterns of
activity and provide investigative leads. With the passage of time,
seemingly irrelevant or untimely information may acquire new
significance as further investigation brings new details to light and
the accuracy of such information can only be determined through
judicial processes. Accordingly, application of exemption (j)(2) may be
necessary.
(I) Subsection (e)(8). To serve notice could give persons
sufficient warning to evade investigative efforts. Accordingly,
application of exemption (j)(2) may be necessary.
(J) Subsection (f). To the extent that portions of the system are
exempt from the provisions of the Privacy Act concerning individual
access and amendment of records, DoD is not required to establish rules
concerning procedures and requirements relating to such provisions.
Accordingly, application of exemptions (j)(2) may be necessary.
(K) Subsection (g). This subsection is inapplicable to the extent
that the system is exempt from other specific subsections of the
Privacy Act to which the civil remedies provisions pertain.
(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
[[Page 85895]]
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: October 23, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-25035 Filed 10-28-24; 8:45 am]
BILLING CODE 6001-FR-P
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