[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Notices]
[Pages 38393-38394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18346]



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DEPARTMENT OF THE TREASURY

Customs Service


Privacy Act of 1974: Altered System of Records

AGENCY: Customs Service, Treasury.

ACTION: Notice of altered system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the United States Customs Service 
gives notice of an altered Privacy Act system of records, Internal 
Security Records System--Treasury/Customs .127. The title, as amended, 
will be Internal Affairs Record System--Treasury/Customs .127.

DATES: Comments must be received no later than August 25, 1995. The 
altered system of records will be effective September 5, 1995, unless 
comments are received which would result in a contrary determination.

ADDRESSES: Comments should be sent to the Disclosure Law Branch, Office 
of Regulations and Rulings, U.S. Customs Service, 1301 Constitution 
Avenue, NW., Washington, DC 20229. Comments will be made available at 
the Office of Regulations and Rulings, U.S. Customs Service, Franklin 
Court, 1099 14th Street, NW., Suite 4000, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kathryn C. Peterson, Chief, Disclosure 
Law Branch, Office of Regulations and Rulings, (202) 482-6970.

SUPPLEMENTARY INFORMATION: This report is to give notice of an altered 
U.S. Customs Service system of records entitled ``Internal Security 
Records System--Treasury/Customs .127'' which is subject to the Privacy 
Act of 1974, 5 U.S.C. 552a.
    The Customs Service is amending its present system of records 
covering personnel and administrative records for the following 
reasons:
    1. To more fully describe, by the addition of photographic images, 
the records about the individual in the system,
    2. To show additional categories of individuals covered by the 
system.
    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 

[[Page 38394]]
for Maintaining Records About Individuals, dated July 15, 1994.
    The proposed altered system of records, Treasury/Customs .127 
Internal Affairs Records System is published in its entirety below.

    Dated: July 18, 1995.
Alex Rodriguez,
Deputy Assistant Secretary Administration.
Treasury/Customs .127
    Security Programs Division, Office of Internal Affairs, 1301 
Constitution Avenue NW., Washington, DC 20229-0004. -
    Present and past employees; contractor applicants/employees; and 
applicants for positions that require an investigation; and others that 
are principals or non-principals in an investigation or integrity 
issue.
    Background investigations, integrity investigations, and 
photographic images.
    5 U.S.C. 301; Treasury Department Order Number 165, revised, as 
amended.
    To maintain all records on applicants, employees, contractors, and 
contractor applicants relating to investigations conducted by Internal 
Affairs, and to support personnel and administrative programs of the 
Customs Service.
    These records and information in the records may be used to: (1) 
Disclose pertinent information to appropriate Federal, State, local, or 
foreign agencies 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 Federal, 
State, or local agency, maintaining civil, criminal or other relevant 
enforcement information or other pertinent information, which has 
requested information relevant to or necessary to the requesting 
agency's or the bureau's hiring or retention of an individual, or 
issuance of a security clearance, license, contract, grant or other 
benefit; (3) 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; (4) provide 
information to a congressional office in response to an inquiry made at 
the request of the individual to whom the record pertains; (5) provide 
information to the news media in accordance with guidelines contained 
in 28 CFR 50.2, which relate to an agency's functions relating to civil 
and criminal proceedings; (6) provide information to third parties 
during the course of an investigation to the extent necessary to obtain 
information pertinent to the investigation.
    Investigative records are maintained in computers, as well as in 
file folders, in metal security cabinets secured by government approved 
three-position combination locks, and in a mobile filing system within 
a secured area that is alarmed with motion detectors.
    These records are indexed by name and/or numerical identifier in a 
manual filing system and/or computerized system.
    In addition to being stored in secured metal containers with 
government approved combination locks, mobile filing system, etc., the 
containers are located in a locked, alarmed room, the keys of which are 
controlled and issued to the custodians of the files. The security 
specialists and administrative personnel who maintain the files are 
selected for their experience and afforded access only after having 
been cleared by a full-field background investigation and granted 
appropriate security clearances for critical sensitive positions. Those 
departmental officials who may occasionally be granted access 
consistent with their positions to employ and concur in the granting of 
security clearances have also been investigated prior to filling 
critical-sensitive positions.
    The file records are maintained as long as the subject of the 
investigation is employed by the U.S. Customs Service and then for 1 
year after the subject terminates employment. The files are then 
transferred to the Federal Records Center for retention. After 
transfer, records are retained by the Federal Records Center for the 
following period of time and then destroyed: Background 
Investigations--15 years; Conduct and Special Inquiry Investigations--
25 years.
    Director, Security Programs Division, Office of Internal Affairs, 
U.S. Customs Service, 1301 Constitution Avenue NW., Washington, DC 
20229-0004.
    See Customs Appendix A (57 FR 14007, April 17, 1992).
    See ``Notification procedure'' above.
    See ``Notification procedure'' above.
    Sources of information are: Employers; educational institutions; 
police; government agencies; credit bureaus; references; neighborhood 
checks; confidential sources; medical sources; personal interviews; 
photographic images, military, financial, citizenship, birth and tax 
records; and the applicant's, employee's or contractor's personal 
history and application forms.
    This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1), 
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4), (G), (H) and 
(I), (5) and (8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2), (k)(2) and (k)(5).
[FR Doc. 95-18346 Filed 5-25 -95; 8:45 am]
BILLING CODE 4820-02-P