[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Proposed Rules]
[Pages 71245-71246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6577]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

31 CFR Part 1


Privacy Act of 1974, Proposed Implementation

AGENCY: Internal Revenue Service, Treasury.

ACTION: Proposed rule.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, 5 U.S.C. 552a, as amended, the Department of the Treasury gives 
notice of a proposed amendment to this part to exempt Internal Revenue 
Service (IRS) system of records, Treasury/IRS 34.022--National 
Background Investigation Center Management Information System.

DATES: Comments must be received no later than December 28, 2005.

ADDRESSES: Comments should be submitted to Governmental Liaison and 
Disclosure, 1111 Constitution Avenue NW., Washington, DC 20224, 
attention: David Silverman, room 7562. Comments may also be submitted 
through the Federal rulemaking portal at http://www.regulations.gov 
(follow the instructions for submitting comments). Comments will be 
made available for inspection at the IRS Freedom of Information Reading 
Room, also located at 1111 Constitution Avenue, NW. The telephone 
number for the Reading Room is (202) 622-5164 (this is not a toll free 
number).

FOR FURTHER INFORMATION CONTACT: Mary Anderson, Program Analyst, (703) 
647-5477 (this is not a toll free number).

SUPPLEMENTARY INFORMATION: Currently, Treasury/IRS 34.022 is exempt 
under (j)(2) of the Privacy Act. After careful review, the Internal 
Revenue Service proposes an amendment to change the basis for the 
exemption claimed for the system of records from that which is provided 
under 5 U.S.C. 552a(j)(2) to that which is provided under 5 U.S.C. 
552a(k)(5).
    The (k)(5) exemption is more appropriate because the investigatory 
material contained in this system of records is collected and 
maintained solely for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment, 
military service, Federal contracts, or access to classified 
information.
    Under 5 U.S.C. 552a(k)(5), the head of any agency may promulgate 
rules to exempt any system of records within the agency from certain 
provisions of the Privacy Act of 1974 if the system is 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, but only to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to 
September 27, 1975, under an implied promise that the identity of the 
source would be held in confidence. Thus to the extent that the records 
in this system can be disclosed without revealing the identity of a 
confidential source, they are not within the scope of this exemption 
and are subject to all the requirements of the Privacy Act.
    The system of records will be exempt from the following provisions 
of the Privacy Act pursuant to 5 U.S.C. 552a (k)(5): 5 U.S.C. 552a 
(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), and (f).
    The sections of 5 U.S.C. 552a from which the system of records is 
exempt include in general those providing for

[[Page 71246]]

individuals' access to or amendment of records. When such access or 
amendment would cause the identity of a confidential source to be 
revealed, it would impair the future ability of the Department to 
compile investigatory material for the purpose of determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, Federal contracts, or access to classified information. In 
addition, the system should be exempt from 5 U.S.C. 552a(e)(1) which 
requires that an agency maintain in its records only such information 
about an individual as is relevant and necessary to accomplish a 
purpose of the agency required to be accomplished by statute or 
executive order. The Department believes that to fulfill the 
requirements of 5 U.S.C. 552a(e)(1) would unduly restrict the agency in 
its information gathering inasmuch as it is often not until well after 
the investigation that it is possible to determine the relevance and 
necessity of particular information.
    In a notice, to be published separately in the Federal Register, 
the Department proposes to revise Treasury/IRS 34.022. The purpose of 
the notice is to make certain alterations to the notice including 
changing the title from ``Treasury/IRS 34.022--National Background 
Investigations Center Management Information System'' to ``Treasury/IRS 
34.022--Automated Background Investigations System (ABIS).''
    As required by Executive Order 12866, it has been determined that 
this proposed rule is not a significant regulatory action, and 
therefore, does not require a regulatory impact analysis.
    The regulation will not have a substantial direct effect on the 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, it is determined that this 
Proposed rule does not have federalism implications under Executive 
Order 13132.
    Pursuant to the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, it is hereby certified that these regulations will not 
significantly affect a substantial number of small entities. The 
proposed rule imposes no duties or obligations on small entities.
    In accordance with the provisions of the Paperwork Reduction Act of 
1995, the Department of the Treasury has determined that this proposed 
rule would not impose new record keeping, application, reporting, or 
other types of information collection requirements.

List of Subjects in 31 CFR Part 1

    Privacy.

    Part 1 subpart C of Title 31 of the Code of Federal Regulations is 
proposed to be amended as follows:

PART 1--[AMENDED]

    1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, 31 U.S.C. 321, subpart A also issued 
under 5 U.S.C. 552, as amended. Subpart C also issued under 5 U.S.C. 
552a.

    2. Section 1.36 of subpart C is amended as follows:
    a. Paragraph (c)(1)(viii) is amended by removing ``IRS 34.022--
National Background Investigations Center Management Information 
System'' from the table.
    b. Paragraph (m)(1)(viii) is amended by adding the following text 
to the table in numerical order:


Sec.  1.36  Systems exempt in whole or in part from provisions of 5 
U.S.C. 522a and this part.

* * * * *
    (m) * * *
    (1) * * *
    (viii) * * *

------------------------------------------------------------------------
                 Number                           Name of system
------------------------------------------------------------------------
 
                                * * * * *
IRS 34.022.............................  Automated Background
                                          Investigations System (ABIS)
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

    Dated: October 3, 2005.
Sandra L. Pack,
Assistant Secretary for Management and Chief Financial Officer.
 [FR Doc. E5-6577 Filed 11-25-05; 8:45 am]
BILLING CODE 4830-01-P