Privacy Act of 1974; Implementation, 85892-85895 [2024-25035]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[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 [www.gpo.gov]
[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: 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 (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 https://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, [email protected], 
(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

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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]
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