[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Notices]
[Pages 71376-71378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6588]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Privacy Act of 1974; as Amended

AGENCY: Internal Revenue Service, Treasury.

ACTION: Notice of alteration of Privacy Act system of records.

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SUMMARY: The Treasury Department, Internal Revenue Service, gives 
notice of a proposed alteration to the system of records entitled, 
``Treasury/IRS 34.022--National Background Investigation Center 
Management Information System,'' which is subject to the Privacy Act of 
1974, as amended, 5 U.S.C. 552a.

DATES: Comments must be received no later than December 28, 2005. The 
alteration will be effective January 9, 2006 unless comments are 
received that would result in a contrary determination.

ADDRESSES: Comments should be sent to the Office of Governmental 
Liaison & Disclosure, Internal Revenue Service, 1111 Constitution 
Avenue, NW., Washington, DC 20224. Comments will be made available for 
public inspection and copying in the Internal Revenue Service Freedom 
of Information Reading Room, 1111 Constitution Avenue, NW., Room 1621, 
Washington, DC 20224, telephone number (202) 622-5164, (not a toll free 
call).

FOR FURTHER INFORMATION CONTACT: Mary Anderson, Program Analyst, 
Personnel Security Office, Internal Revenue Service, (703) 647-5477.

SUPPLEMENTARY INFORMATION: The purpose of the alteration is to reflect 
changes in the system name resulting from system upgrade, system 
location, record access procedures, and system manager. The alteration 
will more accurately describe the categories of individuals and records 
in the system. The alteration is also adding a routine use permitting 
the disclosure of information to a contractor. The system notice was 
last published in its entirety in the Federal Register, Vol. 66, Number 
237, pages 63817-63818, on December 10, 2001.

[[Page 71377]]

    The specific changes to the system notice are as follows:
    The title of the system of records ``National Background 
Investigation Center Management Information System (NBICMIS)'' is being 
changed to: ``Automated Background Investigations System (ABIS). The 
abbreviation ``NBICMIS'' which appears throughout the notice is being 
changed to ``ABIS.''
    The system location is being changed to National Background 
Investigations Center, 5 Spiral Drive, Suite 2, Florence, KY 41042-
1395. Under ``categories of individuals covered by the system,'' new 
categories of contractors are being added, as well as a category for 
IRS employees that require or hold a security clearance.
    The ``categories of records'' section is being revised by removing 
the word ``timekeeping'' and by adding as a category information about 
security clearances and the status of the clearances.
    The Authority for Maintenance of the System is revised to include a 
new Executive Order 12674 (as modified by Executive Order 12731).
    Under ``routine uses of records maintained in the system,'' a new 
routine use (routine use (9)), is being proposed to permit disclosure 
of information to a government contractor.
    Under ``retrievability'' the description is being revised to 
include additional means of retrieving information.
    Under ``safeguards'' the first sentence is revised to reflect 
access by additional categories of individuals.
    Information provided under ``retention and disposal,'' ``system 
manager(s) and address,'' and ``record access procedures'' is being 
updated to reflect changes to records manuals, addresses and titles.
    Under ``record source categories'' the text is being updated to 
include information obtained from contractors.
    Under ``exemptions claimed for the system,'' the language is being 
revised to show that the exemption being claimed will be changed from 5 
U.S.C. 552a(j)(2) to 5 U.S.C. 552a(k)(5).
    In a proposed rulemaking being published separately in the Federal 
Register, the Department is proposing to amend its regulations at 31 
CFR 1.36. The amendment will change the basis of the exemption claimed 
for this 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 report of an altered system of records, as required by 5 U.S.C. 
552a(r) of the Privacy Act, has been submitted to the Committee on 
Government Reform of the House of Representatives, the Committee on 
Homeland Security and 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 November 30, 2000.
    The revised notice for Treasury/IRS 34.022--Automated Background 
Investigations System (ABIS) is published in its entirety below.

    Dated: October 3, 2005.
Sandra L. Pack,
Assistant Secretary for Management and Chief Financial Officer.
Treasury/IRS 34.022

System name:
    Automated Background Investigations System (ABIS)--Treasury/IRS.

System location:
    National Background Investigations Center, 5 Spiral Drive, Suite 2, 
Florence, KY 41042.

Categories of individuals covered by the system:
    Current and former employees of the Internal Revenue Service, 
Bureau of the Mint within the Department of the Treasury, Federal Law 
Enforcement Training Center, and private contractors employed by IRS to 
perform work at IRS facilities, leased space or on IRS systems; 
contractors employed by the Department of the Treasury; permanent and 
temporary employees of banks contracted to perform Lockbox activities 
(the processing of Federal tax payments) for the IRS; and employees of 
the Internal Revenue Service requiring a security clearance, having 
their security clearance cancelled or transferred.

Categories of records in the system:
    (1) ABIS records contain National Background Investigations Center 
(NBIC) employee name, office, start of employment, series/grade, title, 
separation date; (2) ABIS tracking records contain status information 
on investigations from point of initiation through conclusion; (3) ABIS 
records contain assigned cases and distribution of time; (4) ABIS case 
tracking records contain background investigations, and (5) levels of 
clearance, date of clearance and any change in status of clearance.

Authority for maintenance of the system:
    5 U.S.C. 301; 26 U.S.C. 7602, 7608, 7801 and 7803; Executive Order 
12674 (as modified by Executive Order 12731).

Purpose(s):
    The purpose of ABIS is to: (1) Effectively manage NBIC resources 
and assess the effectiveness of current NBIC programs as well as assist 
in determining budget and staff requirements. (2) Provide the technical 
ability for other components of the Service to analyze trends in 
integrity matters on an organizational, geographic and violation basis.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosure of returns and return information may be made only as 
provided by 26 U.S.C. 6103. Records other than returns and return 
information may be used to: (1) Disclose pertinent information to 
appropriate Federal, State, local, or foreign agencies, or other public 
authority, 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 the Department of 
Justice for the purpose of litigating an action or seeking legal 
advice. Disclosure may be made during judicial processes; (3) Disclose 
information to a Federal, State, local, or other public authority, 
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, bureau's, or 
authority's hiring or retention of an individual, or issuance of a 
security clearance, license, contract, grant, or other benefit;
    (4) Disclose information in a proceeding before a court, 
adjudicative body, or other administrative body before which the agency 
is authorized to appear when: (a) The agency, or (b) any employee of 
the agency in his or her official capacity, or (c) any employee of the 
agency in his or her individual capacity where the Department of 
Justice or the agency has agreed to represent the employee; or (d) the 
United States, when the agency determines that litigation is likely to 
affect the agency, is a party to litigation or has an interest in such 
litigation, and the use of such records by the agency is deemed to be 
relevant and necessary to the litigation or administrative proceeding 
and not otherwise privileged;
    (5) Provide information to a Congressional office in response to an 
inquiry made at the request of the individual to whom the record 
pertains;
    (6) Provide information to the news media in accordance with 
guidelines contained in 28 CFR 50.2 which relate

[[Page 71378]]

to an agency's functions relating to civil and criminal proceedings;
    (7) Provide information to third parties during the course of an 
investigation to the extent necessary to obtain information pertinent 
to the investigation;
    (8) Disclose information to a public or professional licensing 
organization when such information indicates, either by itself or in 
combination with other information, a violation or potential violation 
of professional standards, or reflects on the moral, educational, or 
professional qualifications of an individual who is licensed or who is 
seeking to become licensed;
    (9) Disclose information to a contractor when necessary to perform 
a government contract.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records and magnetic media.

Retrievability:
    By name of individual to whom it applies, social security number, 
alias, date of birth, case controller, submitting office number, case 
type, case number or a combination of these fields.

Safeguards:
    Access is limited to authorized IRS personnel including IRS and 
other U.S. Treasury Department contractors who have a direct need to 
know. Hard copy of data is stored in rooms of limited accessibility 
except to employees. These rooms are locked after business hours. 
Access to magnetic media is controlled by computer passwords. Access to 
specific ABIS records is further limited by computer security programs 
limiting access to select personnel.

Retention and disposal:
    Records are maintained in accordance with IRM 1.15, Records 
Disposition Handbook.

System manager(s) and address:
    Official prescribing policies and practices: Chief, Mission 
Assurance. Official maintaining the system: Associate Director, 
Personnel Security and Investigations, National Background 
Investigations Center, 5 Spiral Drive, Suite 2, Florence, KY 41042.

Notification procedure:
    Individuals seeking to determine if this system of records contains 
a record pertaining to them may inquire in accordance with instructions 
appearing at 31 CFR part 1, subpart C, appendix B. Inquiries should be 
addressed as in ``Record access procedures'' below.

Record access procedures:
    Individuals seeking access to this system of records, or seeking to 
contest its content, may inquire in accordance with instructions 
appearing at 31 CFR part 1, subpart C, appendix B. Inquiries should be 
addressed to IRS Personnel Security and Investigations, OS:MA:AP:PS, 
5205 Leesburg Pike, Suite 510, Falls Church, VA 22041-3802, Attn: 
Disclosure Staff.

Contesting record procedures:
    26 U.S.C. 7852(e) prohibits Privacy Act amendment of tax records.

Record source categories:
    Current and former employees of the Internal Revenue Service, 
Department of the Treasury, Bureau of the Mint and the Federal Law 
Enforcement Training Center. Private contractors employed by IRS to 
perform work at IRS facilities, leased space or on IRS systems. 
Contractors employed by the Department of the Treasury. Permanent and 
temporary employees of banks contracted to perform Lockbox activities 
for the IRS.

Exemptions claimed for the system:
    The provisions of the Privacy Act from which this system of records 
is exempt pursuant to 5 U.S.C. 552a(k)(5) are as follows: 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (See 
31 CFR 1.36.)

 [FR Doc. E5-6588 Filed 11-25-05; 8:45 am]
BILLING CODE 4830-01-P