Privacy Act: Systems of records,
[Federal Register: December 3, 1999 (Volume 64, Number 232)]
[Notices]
[Page 67966-67968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de99-134]
DEPARTMENT OF THE TREASURY
Departmental Offices
Privacy Act of 1974, as Amended; System of Records
AGENCY: Departmental Offices, Treasury.
ACTION: Notice of alteration to Privacy Act System of Records.
SUMMARY: The Department is consolidating systems of records pertaining to the implementation of the Freedom of Information Act and Privacy Act programs into one Treasury-wide system of records. The system of records Treasury/DO .150--Disclosure Records will be renamed ``Freedom of Information Act/Privacy Act Request Records.''
DATES: Comments must be received no later than January 3, 2000. The proposed alterations to the system of records will be effective January 12, 2000, unless the Department receives comments that would result in a contrary determination.
ADDRESSES: Comments should be sent to Departmental Disclosure Office, Room 1054 MT, Department of the Treasury, Washington, DC 20220.
FOR FURTHER INFORMATION CONTACT: Dale Underwood, Program Analyst, Departmental Disclosure Office, (202) 622-0930. Fax: 202-622-3895.
SUPPLEMENTARY INFORMATION: The Department is consolidating systems of records pertaining to the implementation of the Freedom of Information and Privacy Act programs into one Treasury-wide system of records. The notices for the systems of records were last published in their entirety beginning at 63 FR 69716 on December 17, 1998. Each Treasury bureau (except the Internal Revenue Service) is listed under ``System Location'' and the disclosure official for each bureau is identified as a ``System Manager.'' The Internal Revenue Service will retain its own system of records Treasury/IRS 48.001--Disclosure Records since it pertains not only to requests for disclosure pursuant to the Freedom of Information Act and the Privacy Act, but also to the disclosure of returns and return information as provided by the Internal Revenue Code (26 U.S.C. 6103, 7801 and 7802).
The notice also revises existing routine uses, adds five new routine uses, and revises the policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system.
The following systems of records notices will be deleted on January 12, 2000:
ATF .005--Freedom of Information Requests CC .012--Freedom of Information Index and Log CS .078--Disclosure of Information File BEP .040--Freedom of Information and Privacy Act Requests USSS .005--Freedom of Information Request System OTS .010--Inquiry/Request Control
The altered system of records report, as required by 5 U.S.C. 552a(r) of the Privacy Act, has been submitted to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget, pursuant to Appendix I to OMB Circular A-130, Federal Agency Responsibilities for Maintaining Records About Individuals, dated February 8, 1996. This system of records, Treasury/ DO .150--``Freedom of Information Act/ Privacy Act Request Files'' is published in its entirety below.
Dated: November 23, 1999. Shelia Y. McCann, Deputy Assistant Secretary (Administration). Treasury/DO .150
System name:
Freedom of Information Act/ Privacy Act Request Records--Treasury/ DO
System location:
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The locations at which the system is maintained by Treasury components and their associated field offices are:
(a) Departmental Offices (DO), which includes the Financial Crimes Enforcement Network (FinCEN), and the Office of Inspector General (OIG);
(b) Bureau of Alcohol, Tobacco and Firearms (ATF);
[[Page 67967]]
(c) Office of the Comptroller of the Currency (OCC);
(d) United States Customs Service (CS);
(e) Bureau of Engraving and Printing (BEP);
(f) Federal Law Enforcement Training Center (FLETC);
(g) Financial Management Service (FMS);
(h) United States Mint (MINT);
(i) Bureau of the Public Debt (BPD);
(j) United States Secret Service (USSS):
(k) Office of Thrift Supervision (OTS).
(l) Treasury Inspector General for Tax Administration (TIGTA)
Categories of individuals covered by the system:
Individuals who have: (1) Requested access to records pursuant to the Freedom of Information Act of 1974, as amended, 5 U.S.C. 552, (FOIA) or who have appealed initial denials of their requests; and/or (2) made a request for access, amendment or other action pursuant to the Privacy Act of 1974, 5 U.S.C. 552a (PA).
Categories of records in the system:
Requests for records or information pursuant to the FOIA and/or PA which includes the names of individuals making written requests for records under the FOIA or the PA, the mailing addresses of such individuals, and the dates of such requests and their receipt. Supporting records include the written correspondence received from requesters and responses made to such requests; internal processing documents and memoranda, referrals and copies of records provided or withheld, and may include legal memoranda and opinions. Comparable records are maintained in this system with respect to any appeals made from initial denials of access, refusal to amend records and lawsuits under the FOIA/PA.
Authority for maintenance of the system:
Freedom of Information Act, 5 U.S.C. 552; Privacy Act of 1974, 5 U.S.C. 552a; and 5 U.S.C. 301.
Purpose(s):
The system is used by officials to administratively control and/or process requests for records to ensure compliance with the FOIA/PA and to collect data for the annual and biennial reporting requirements of the FOIA/PA and other Department management report requirements.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
These records and information in these records may be used to:
(1) Disclose pertinent information to appropriate Federal, foreign, State, local, tribal or other public authorities or self-regulatory organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license, where the disclosing agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation;
(2) Disclose information to a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, in response to a subpoena, or in connection with criminal law proceedings;
(3) Provide information to a congressional office in response to an inquiry made at the request of the individual to whom the record pertains;
(4) Disclose information to another Federal agency to (a) permit a decision as to access, amendment or correction of records to be made in consultation with or by that agency, or (b) verify the identity of an individual or the accuracy of information submitted by an individual who has requested access to or amendment or correction of records.
(5) The Department of Justice when seeking legal advice, or when (a) the agency or (b) any component thereof, or (c) any employee of the agency in his or her official capacity, or (d) any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (e) the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation.
(6) Disclose information to the appropriate foreign, State, local, tribal, or other public authority or self-regulatory organization for the purpose of (a) consulting as to the propriety of access to or amendment or correction of information obtained from that authority or organization, or (b) verifying the identity of an individual who has requested access to or amendment or correction of records.
(7) Disclose information to contractors and other agents who have been engaged by the Department or one of its bureaus to provide products or services associated with the Department's or bureau's responsibility arising under the FOIA/PA.
(8) Disclose information to the National Archives and Records Administration for use in records management inspections.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Electronic media, computer paper printout, index file cards, and paper records in file folders.
RETRIEVABILITY:
Retrieved by name, subject, request file number or other data element as may be permitted by an automated system.
SAFEGUARDS:
Protection and control of any sensitive but unclassified (SBU) records are in accordance with TD P 71-10, Department of the Treasury Security Manual, and any supplemental guidance issued by individual bureaus. Access to the records is available only to employees responsible for the management of the system and/or employees of program offices who have a need for such information.
RETENTION AND DISPOSAL:
The records pertaining to Freedom of Information Act and Privacy Act requests are retained and disposed of in accordance with the National Archives and Records Administration's General Record Schedule 14--Information Services Records.
SYSTEM MANAGER(S) AND ADDRESS:
Department of the Treasury: Official prescribing policies and practices--Departmental Disclosure Officer, Department of the Treasury, Room 1054 MT, 1500 Pennsylvania Avenue, NW., Washington, DC 20220.
The system managers for the Treasury components are:
DO: Assistant Director, Disclosure Services, Room 1054-MT, Department of the Treasury, Washington, DC 20220 ATF: Chief, Disclosure Division, 650 Massachusetts Avenue, NW, Washington, DC 20226 BEP: Disclosure Officer, FOIA Office, 14th & C Streets, SW, Washington, DC 20228 FLETC: FOIA/PA Officer, Department of the Treasury, Building 94, Glynco, GA 31524 FMS: Disclosure Officer, 401 14th Street, SW, Washington, DC 20227 Mint: FOIA/PA Officer, Judiciary Square Building, 633 3rd Street, NW, Washington, DC 20220
[[Page 67968]]
OCC: Disclosure Officer, Communications Division, Washington, DC 20219 USCS: Chief, Disclosure Law Branch, Office of Regulations and Rulings, 1300 Pennsylvania Avenue, NW, Washington, DC 20229 BPD: Information Disclosure Officer, 999 E Street, NW, Washington, DC 20239 USSS: FOIA/PA Officer, FOIA/PA Branch, 950 H Street, NW, Suite 3000,Washington, DC 20001 OTS: Manager, Dissemination Branch, 1700 G Street, NW, Washington, DC 20552. TIGTA: Supervisory Analyst, 1111 Constitution Ave., NW, IC:CC, Room 3039, Washington, DC 20224.
NOTIFICATION PROCEDURE:
Individuals seeking notification and access to any record contained in the system of records, or seeking to contest its content, may inquire in accordance with instructions pertaining to individual Treasury components appearing at 31 CFR part 1, subpart C, appendices A-M.
RECORD ACCESS PROCEDURES:
See ``Notification procedure'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification procedure'' above.
RECORD SOURCE CATEGORIES:
The information contained in these files originates from individuals who make FOIA/PA requests and agency officials responding to those requests.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None. The Department has claimed one or more exemptions (see 31 CFR 1.36) for a number of its other systems of records under 5 U.S.C. 552a (j)(2) and (k) (1), (2), (3), (4), (5), and (6). During the course of a FOIA/PA action, exempt materials from those other systems may become a part of the case records in this system. To the extent that copies of exempt records from those other systems have been recompiled and/or entered into these FOIA/PA case records, the Department claims the same exemptions for the records as they have in the original primary systems of records of which they are a part.
[FR Doc. 99-31359Filed12-2-99; 8:45 am]
BILLING CODE 4810-25-P
