[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Rules and Regulations]
[Pages 62407-62408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23887]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

National Security Agency/Central Security Services

32 CFR Part 322

[NSA Regulation 10-35]


Privacy Act; Implementation

AGENCY: National Security Agency/Central Security Services.

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Security Agency; Central Security Services (NSA/
CSS) is adding an exemption rule for the system of records GNSA 20, 
entitled `NSA Police Operational Files'. The exemptions increase the 
value of the system of records for law enforcement purposes.
    The proposed rule was published on August 9, 2004, at 69 FR 48183. 
No comments were received; therefore, the National Security Agency/
Central Security Services is adopting the rule as published below.

EFFECTIVE DATE: October 12, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill at (301) 688-6527.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    It has been determined that this Privacy Act rule for the 
Department of Defense does not constitute `significant regulatory 
action'. Analysis of the rule indicates that it does not have an annual 
effect on the economy of $100 million or more; does not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; does not materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; does not raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in Executive Order 12866 
(1993).

[[Page 62408]]

Regulatory Flexibility Act

    It has been determined that this Privacy Act rule for the 
Department of Defense does not have significant economic impact on a 
substantial number of small entities because it is concerned only with 
the administration of Privacy Act systems of records within the 
Department of Defense.

Paperwork Reduction Act

    It has been determined that this Privacy Act rule for the 
Department of Defense imposes no information requirements beyond the 
Department of Defense and that the information collected within the 
Department of Defense is necessary and consistent with 5 U.S.C. 552a, 
known as the Privacy Act of 1974.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that this Privacy Act rulemaking for the 
Department of Defense does not involve a Federal mandate that may 
result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more and 
that such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    It has been determined that this Privacy Act rule for the 
Department of Defense does not have federalism implications. The rule 
does not have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    The National Security Agency/Central Security Services (NSA/CSS) is 
adding an exemption rule for the system of records GNSA 20, entitled 
`NSA Police Operational Files'. The proposed rule was published on 
august 9, 2004, at 69 FR 48183. No comments were received; therefore, 
the National Security Agency/Central Security Services is adopting the 
rule as published below.

List of Subjects in 32 CFR Part 322

    Privacy.

PART 32--[AMENDED]

0
1. The authority citation for 32 CFR part 322 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

0
2. Amend Sec.  322.7, by adding a new paragraph (q) as follows:


Sec.  322.7  Exempt systems of records.

* * * * *
    (q) GNSA 20.
    (1) System name: NSA Police Operational Files.
    (2) Exemption: (i) Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, privilege, 
or benefit for which he would otherwise be entitled by Federal law or 
for which he would otherwise be eligible, as a result of the 
maintenance of the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source. Note: When claimed, this 
exemption allows limited protection of investigative reports maintained 
in a system of records used in personnel or administrative actions.
    (ii) Records maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlement of an individual except for census 
records which may be disclosed under 13 U.S.C. 8, may be exempt 
pursuant to 5 U.S.C. 552a(k)(4).
    (iii) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    (iv) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (3) Authority: 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5).
    (4) Reasons: (i) From subsection (c)(3) because the release of the 
disclosure accounting would place the subject of an investigation on 
notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (ii) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (iii) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (iv) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (v) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure 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.

    Dated: October 20, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-23887 Filed 10-25-04; 8:45 am]
BILLING CODE 5001-06-M