[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Notices]
[Pages 56434-56437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19529]



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DEPARTMENT OF THE TREASURY


Privacy Act of 1974; System of Records

AGENCY: Department of the Treasury.

ACTION: Notice of alteration of the Department's Privacy Act Systems of 
Records.

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SUMMARY: The Department of the Treasury gives notice of a proposed 
alteration to each of its systems of records by adding a routine use 
subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a).

DATES: Comments must be received no later than November 2, 2007. The 
proposed alteration will be effective November 13, 2007 unless the 
Department receives comments which would result in a contrary 
determination.

ADDRESSES: Comments must be submitted to Disclosure Services, 
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, 
DC 20220. Comments received will be available for inspection by 
appointment at the library, U.S. Department of the Treasury, 1500 
Pennsylvania Avenue, NW., Washington, DC 20220, Room 1428, between the 
hours of 9 a.m. and 4 p.m. Monday through Friday. To make an 
appointment, please call the library at 202-622-0990 or contact the 
library by e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Dale Underwood, Deputy Director, 
Disclosure Services, phone: 202-622-0874, by fax: 202-622-3895, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Privacy 
Act of 1974, 5 U.S.C. 552a, notice is given that the Department of the 
Treasury, proposes to modify all of its Privacy Act systems of records, 
as identified below, to include a new routine use permitting disclosure 
to appropriate persons and entities for purposes of response and 
remedial efforts in the event of a breach or compromise of data 
contained in the applicable system of records. The purpose and intent 
of publishing the routine use is to give individuals full and fair 
notice of the extent of potential disclosures, consistent with the 
Privacy Act's requirement that individuals be made aware of how their 
records may be disclosed, even if the Department anticipates that there 
may often be very limited or no disclosure of an individual's records 
to third parties as part of the agency's investigatory or remedial 
efforts.
    The President's Identity Theft Task Force's Strategic Plan 
recommended that all federal agencies publish a routine use for their 
systems of records allowing for the disclosure of information in the 
course of responding to a breach of data maintained in a system of 
records. The term ``breach'' is used to include the loss of control, 
compromise, unauthorized disclosure, unauthorized acquisition, 
unauthorized access, or any similar term referring to situations where 
persons other than authorized users and/or for an other than authorized 
purpose have access or potential access to personally identifiable 
information (PII), whether physical or electronic.
    On May 22, 2007, the Office of Management and Budget (OMB) issued 
M-07-16 ``Safeguarding Against and Responding to the Breach of 
Personally Identifiable Information.'' It requires agencies to develop 
and implement breach notification policies within 120 days. As part of 
that effort the Department is publishing the routine use recommended by 
the President's Identity Theft Task Force and set out in OMB M-07-16.
    The routine use will facilitate an effective response to a 
confirmed or suspected breach by allowing for disclosure to those 
individuals affected by the breach, as well as to others who are in a 
position to assist in the Department's response efforts, either by 
assisting in notification to affected individuals or otherwise playing 
a role in preventing, minimizing, or remedying harms from the breach or 
compromise. When there is a clear need for a rapid response following a 
breach with a prompt and effective investigation and possible 
mitigation, waiting until a breach has occurred before adding or 
amending a routine use to accommodate disclosures in response to the 
breach is not a viable option.
    Although a routine use may permit the disclosure of information 
from a system of records without the consent of the record subject, the 
information may also be subject to a statutory scheme that prohibits or 
otherwise restricts the disclosure information as a matter of law. The 
Department of the Treasury is required to protect information it 
receives from taxpayers or those required to file certain information 
under the Bank Secrecy Act. Accordingly, tax returns and return 
information may only be disclosed under this routine use as provided by 
26 U.S.C. 6103. Bank Secrecy Act information may only be disclosed 
under this routine use as provided by 31 U.S.C. 5311 et seq.
    The Privacy Act authorizes the agency to adopt routine uses that 
are consistent with the purpose for which information is collected. The 
Department believes that it is consistent with the collection of 
information pertaining to such individuals to disclose Privacy Act 
records when, in doing so, could help prevent, minimize or remedy a 
data breach or compromise that might affect such individuals. By 
contrast, it is believed that failure to take reasonable steps to help 
prevent or minimize the harm that may result from such a breach or 
compromise would jeopardize, rather than promote, the privacy of such 
individuals.
    The report on the proposed routine use, 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 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.
    For the reasons set forth above, the proposed routine use is added 
to the systems of records as follows:
    The following Treasury-wide systems of records were last published 
in the Federal Register in their entirety on August 1, 2005, beginning 
at 70 FR 44178:

Treasury .001--Treasury Payroll and Personnel System
Treasury .002--Grievance Records
Treasury .003--Treasury Child Care Tuition Assistance Records
Treasury .004--Freedom of Information Act/Privacy Act Request Records
Treasury .005--Public Transportation Incentive Program Records
Treasury .006--Parking and Carpool Program Records
Treasury .007--Personnel Security System
Treasury .008--Treasury Emergency Management System
Treasury .009--Treasury Financial Management Systems
Treasury .010--Telephone Call Detail Records
Treasury .011--Treasury Safety Incident Management Information System 
(SIMIS)
Treasury .012--Fiscal Service Public Key Infrastructure (PKI) System

    The following Departmental Offices (DO) systems of records were 
last published in the Federal Register in their entirety on August 9, 
2005, beginning at 70 FR 46268:

DO .003--Law Enforcement Retirement Claims Records
DO .007--General Correspondence Files
DO .010--Office of Domestic Finance, Actuarial Valuation System

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DO .015--Political Appointee Files
DO .060--Correspondence Files and Records on Dissatisfaction
DO .111--Office of Foreign Assets Control Census Records
DO .114--Foreign Assets Control Enforcement Records
DO .118--Foreign Assets Control Licensing Records
DO .144--General Counsel Litigation Referral and Reporting System
DO .149--Foreign Assets Control Legal Files
DO .190--Investigation Data Management System
DO .191--Human Resources and Administrative Records System
DO .193--Employee Locator and Automated Directory System
DO .194--Circulation System
DO .196--Security Information System
DO .202--Drug-Free Workplace Program Records
DO .207--Waco Administrative Review Group Investigation
DO .209--Personal Services Contracts (PSC)
DO .214--D.C. Pensions Retirement Records
DO .216--Treasury Security Access Control and Certificates Systems
DO .301--TIGTA--General Personnel and Payroll
DO .302--TIGTA--Medical Records
DO .303--TIGTA--General Correspondence
DO .304--TIGTA--General Training
DO .305--TIGTA--Personal Property Management Records
DO .306--TIGTA--Recruiting and Placement Records
DO .307--TIGTA--Employee Relations Matters, Appeals, Grievances, and 
Complaint Files
DO .308--TIGTA--Data Extracts
DO .309--TIGTA--Chief Counsel Case Files
DO .310--TIGTA--Chief Counsel Disclosure Section
DO .311--TIGTA--Office of Investigations Files

    The following Alcohol and Tobacco Tax and Trade Bureau (TTB) 
systems of records were last published in the Federal Register in their 
entirety on August 30, 2001, beginning at 66 FR 45893:

ATF .001--Administrative Record System
ATF .002--Correspondence Record System
ATF .003--Criminal Investigation Report System
ATF .007--Personnel Record System
ATF .008--Regulatory Enforcement Record System
ATF .009--Technical and Scientific Services Record System

    The following Comptroller of the Currency (CC) systems of records 
were last published in the Federal Register in their entirety on July 
11, 2005, beginning at 70 FR 39853:

CC .100--Enforcement Action Report System
CC .110--Reports of Suspicious Activities
CC .120--Bank Fraud Information System
CC .200--Chain Banking Organizations System
CC .210--Bank Securities Dealers System
CC .220--Section 914 Tracking System
CC .340--Access Control System
CC .500--Chief Counsel's Management Information System
CC .510--Litigation Information System
CC .600--Consumer Complaint and Inquiry Information System
CC .700--Correspondence Tracking System

    The following Bureau of Engraving and Printing (BEP) systems of 
records were last published in the Federal Register in their entirety 
on July 27, 2005, beginning at 70 FR 43508:

BEP .002--Personal Property Claim File
BEP .004--Counseling Records
BEP .005--Compensation Claims
BEP .006--Debt Files (Employees)
BEP .014--Employee's Production Record
BEP .016--Employee Suggestions
BEP .020--Industrial Truck Licensing Records
BEP .021--Investigative Files
BEP .027--Access Control and Alarm Monitoring Systems (ACAMS)
BEP .035--Tort Claims (Against the United States)
BEP .038--Unscheduled Absence Record
BEP .041--Record of Discrimination Complaints
BEP .045--Mail Order Sales Customer Files
BEP .046--Automated Mutilated Currency Tracking System
BEP .047--Employee Emergency Notification system

The following Financial Management Service (FMS) systems of records 
were last published in the Federal Register in their entirety on July 
14, 2005, beginning at 70 FR 34522, unless otherwise indicated by a 
parenthetical:

FMS .001--Administrative Records
FMS .002--Payment Issue Records for Regular Recurring Benefit Payments
FMS .003--Claims and Inquiry Records on Treasury Checks, and 
International Claimants
FMS .004--Education and Training Records
FMS .005--FMS Personnel Records
FMS .006--Direct Deposit Enrollment Records (October 10, 2005, at 70 FR 
59395)
FMS .007--Payroll and Pay Administration
FMS .010--Records of Accountable Officers' Authority With Treasury
FMS .012--Pre-complaint Counseling and Complaint Activities
FMS .013--Gifts to the United States
FMS .014--Debt Collection Operations System
FMS .016--Payment Records for Other Than Regular Recurring Benefit 
Payments
FMS .017--Collection Records

    The following Internal Revenue Service (IRS) systems of records 
were last published in the Federal Register in their entirety on 
December 10, 2001, beginning at 66 FR 63784, unless otherwise indicated 
by a parenthetical:

IRS 00.001--Correspondence Files (including Stakeholder Relationship 
files) and Correspondence Control Files
IRS 00.002--Correspondence Files/Inquiries About Enforcement Activities
IRS 00.003--Taxpayer Advocate Service and Customer Feedback and Survey 
Records
IRS 00.007--Employee Complaint and Allegation Referral Records (May 28, 
2002, at 67 FR 36963)
IRS 00.008--Recorded Quality Review Records (November 11, 2003, at 68 
FR 65996)
IRS 00.009--IRS Taxpayer Assistance Center Recorded Quality Review 
Records (February 24, 2005, at 70 FR 9132)
IRS 00.333--Third Party Contact Records
IRS 00.334--Third Party Contact Reprisal Records
IRS 10.001--Biographical Files, Chief, Communications and Liaison
IRS 10.004--Stakeholder Relationship Management and Subject Files, 
Chief, Communications and Liaison
IRS 10.007--SPEC Taxpayer Assistance Reporting System (STARS) (June 19, 
2004, at 68 FR 43055)
IRS 10.555--Volunteer Records (February 10, 2006, at 71 FR 7115)
IRS 21.001--Tax Administration Resources File, Office of Tax 
Administration Advisory Services
IRS 22.003--Annual Listing of Undelivered Refund Checks
IRS 22.011--File of Erroneous Refunds
IRS 22.012--Health Coverage Tax Credit Program Records (June 4, 2003, 
at 68 FR 33577)
IRS 22.026--Form 1042S Index by Name of Recipient

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IRS 22.027--Foreign Information System (FIS)
IRS 22.028--Disclosure Authorizations for U.S. Residency Certification 
Letters
IRS 22.032--Individual Microfilm Retention Register
IRS 22.034--Individual Returns Files, Adjustments and Miscellaneous 
Documents Files
IRS 22.043--Potential Refund Litigation Case Files
IRS 22.044--P.O.W.-M.I.A. Reference File
IRS 22.054--Subsidiary Accounting Files
IRS 22.059--Unidentified Remittance File
IRS 22.060--Automated Non-Master File (ANMF)
IRS 22.061--Individual Return Master File (IRMF)
IRS 22.062--Electronic Filing Records
IRS 24.013--Combined Account Number File, Taxpayer Services
IRS 24.029--Individual Account Number File (IANF)
IRS 24.030--CADE Individual Master File (IMF)
IRS 24.031--Medicare Prescription Drug Transitional Assistance Records 
(May 12, 2004, at 69 FR 26432)
IRS 24.046--CADE Business Master File (BMF)
IRS 24.047--Audit Underreporter Case File
IRS 24.070--Debtor Master File (DMF)
IRS 26.001--Acquired Property Records
IRS 26.006--Form 2209, Courtesy Investigations
IRS 26.008--IRS and Treasury Employee Delinquency
IRS 26.009--Lien Files (Open and Closed)
IRS 26.010--Lists of Prospective Bidders at Internal Revenue Sales of 
Seized Property
IRS 26.011--Litigation Case Files
IRS 26.012--Offer in Compromise (OIC) File
IRS 26.013--Trust Fund Recovery Cases/One Hundred Percent Penalty Cases
IRS 26.014--Record 21, Record of Seizure and Sale of Real Property
IRS 26.016--Returns Compliance Programs (RCP)
IRS 26.019--Taxpayer Delinquent Accounts (TDA) Files including 
subsystems: (a) Adjustments and Payment Tracers Files, (b) Collateral 
Files, (c) Seized Property Records, (d) Tax SB/SE, W&I, LMSB Waiver, 
Forms 900, Files, and (e) Accounts on Child Support Obligations
IRS 26.020--Taxpayer Delinquency Investigation (TDI) Files
IRS 26.021--Transferee Files
IRS 26.022--Delinquency Prevention Programs
IRS 26.055--Private Collection Agency (PCA) Quality Review Records 
(June 19, 2006, at 71 FR 41075)
IRS 30.003--Requests for Printed Tax Materials Including Lists
IRS 30.004--Security Violations
IRS 34.003--Assignment and Accountability of Personal Property Files
IRS 34.007--Record of Government Books of Transportation Requests
IRS 34.009--Safety Program Files
IRS 34.012--Emergency Preparedness Cadre Assignments and Alerting 
Rosters Files
IRS 34.013--Identification Media Files System for Employees and Others 
Issued IRS ID
IRS 34.014--Motor Vehicle Registration and Entry Pass Files
IRS 34.016--Security Clearance Files
IRS 34.020--IRS Audit Trail Lead Analysis System (ATLAS)
IRS 34.021--Personnel Security Investigations, National Background 
Investigations Center
IRS 34.022--National Background Investigations Center Management 
Information System (NBICMIS) (November 28, 2005, at 70 FR 71376)
IRS 34.037--IRS Audit Trail and Security Records System
IRS 35.001--Reasonable Accommodation Request Records (October 5, 2004, 
at 69 FR 59645)
IRS 36.001--Appeals, Grievances and Complaints Records
IRS 36.002--Employee Activity Records
IRS 36.003--General Personnel and Payroll Records
IRS 36.005--Medical Records
IRS 36.008--Recruiting, Examining and Placement Records
IRS 36.009--Retirement, Life Insurance and Health Benefits Records 
System
IRS 36.888--Employee Tax Compliance Records (ETC)
IRS 37.006--Correspondence, Miscellaneous Records and Information 
Management Records (December 1, 2006, at 71 FR 69615)
IRS 37.007--Practitioner Disciplinary Records (December 1, 2006, at 71 
FR 69616)
IRS 37.009--Enrolled Agent Records (December 1, 2006, at 71 FR 69618)
IRS 38.001--General Training Records
IRS 42.001--Examination Administrative File
IRS 42.002--Excise Compliance Programs (November 8, 2006, at 71 FR 
65570)
IRS 42.008--Audit Information Management System (AIMS)
IRS 42.013--Project Files for the Uniform Application of Laws as a 
Result of Technical Determinations and Court Decisions
IRS 42.014--Internal Revenue Service Employees' Returns Control Files
IRS 42.016--Classification/Centralized Files and Scheduling Files
IRS 42.017--International Enforcement Program Files
IRS 42.021--Compliance Programs and Projects Files
IRS 42.027--Data on Taxpayers Filing on Foreign Holdings
IRS 42.030--Discriminant Function File (DIF)
IRS 42.031--Anti-Money Laundering/Bank Secrecy Act (BSA) and Form 8300 
Records (April 30, 2004, at 69 FR 23854)
IRS 44.001--Appeals Case Files
IRS 44.003--Appeals Centralized Data System
IRS 44.004--Art Case File
IRS 44.005--Expert Witness and Fee Appraiser Files
IRS 46.002--Criminal Investigation Management Information System 
(CIMIS)
IRS 46.003--Confidential Informants, Criminal Investigation Division
IRS 46.004--Controlled Accounts (Open and Closed)
IRS 46.005--Electronic Surveillance File, Criminal Investigation 
Division
IRS 46.009--Centralized Evaluation and Processing of Information Items 
(CEPIIs), Evaluation and Processing of Information (EOI), Criminal 
Investigation Division
IRS 46.011--Illinois Land Trust Files, Criminal Investigation Division
IRS 46.015--Relocated Witnesses, Criminal Investigation Division
IRS 46.016--Secret Service Details, Criminal Investigation Division
IRS 46.022--Treasury Enforcement Communications System (TECS), Criminal 
Investigation Division
IRS 46.050--Automated Information Analysis System
IRS 46.051--Criminal Investigation Audit Trail Records System
IRS 48.001--Disclosure Records
IRS 48.008--Defunct Special Service Staff File Being Retained Because 
of Congressional Directive
IRS 49.001--Collateral and Information Requests System
IRS 49.002--Tax Treaty Information Management System
IRS 49.003--Financial Statements File
IRS 49.007--Overseas Compliance Projects System
IRS 49.008--International Correspondence System
IRS 50.001--Employee Plans/Exempt Organizations Correspondence Control 
Records
IRS 50.003--Employee Plans/Exempt Organizations, Reports of Significant 
Matters in Technical
IRS 50.222--Tax Exempt/Government Entities (TE/GE) Case Management 
Records (December 7, 2005, at 70 FR 72876)

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IRS 60.000--Employee Protection System Records (November 30, 2001, at 
59839)
IRS 70.001--Individual Income Tax Returns, Statistics of Income
IRS 90.001--Chief Counsel Criminal Tax Case Files
IRS 90.002--Chief Counsel Disclosure Litigation Case Files
IRS 90.003--Chief Counsel General Administrative Systems
IRS 90.004--Chief Counsel General Legal Services Case Files
IRS 90.005--Chief Counsel General Litigation Case Files
IRS 90.007--Chief Counsel Legislation and Regulations Division, 
Employee Plans and Exempt Organizations Division, and Associate Chief 
Counsel (Technical and International) Correspondence and Private Bill 
File
IRS 90.009--Chief Counsel Field Services Case Files
IRS 90.010--Digest Room Files Containing Briefs, Legal Opinions, and 
Digests of Documents Generated Internally or by the Department of 
Justice Relating to the Administration of the Revenue Laws
IRS 90.011--Attorney Recruiting Files
IRS 90.013--Legal Case Files of the Chief Counsel, Deputy Chief Counsel 
and Associate Chief Counsels
IRS 90.015--Reference Records of the Library in the Office of Chief 
Counsel
IRS 90.016--Counsel Automated Tracking System (CATS) Records
IRS 90.017--Correspondence Control and Records, Associate Chief Counsel 
(Technical and International)
IRS 90.018--Expert Witness Library IRS

    The following United States Mint (Mint) systems of records were 
last published in the Federal Register in their entirety on June 13, 
2005, beginning at 70 FR 34178:

Mint .001--Cash Receivable Accounting Information System
Mint .003--Employee and Former Employee Travel & Training Accounting 
Information System
Mint .004--Occupational Safety and Health, Accident and Injury Records, 
and Claims for Injuries or Damage Compensation Records
Mint .005--Employee-Supervisor Performance Evaluation, Counseling, and 
Time and Attendance Records
Mint .007--General Correspondence
Mint .008--Employee Background Investigations Files
Mint .012--Grievances: Union/Agency Negotiated Grievances; Adverse 
Performance Based Personnel Actions; Discrimination Complaints; Third 
Party Actions United States Mint

    The following Bureau of the Public Debt (BPD) systems of records 
were last published in the Federal Register in their entirety on June 
10, 2005, beginning at 70 FR 33939:

BPD .001--Human Resources and Administrative Records
BPD .002--United States Savings-Type Securities
BPD .003--United States Securities (Other than Savings-Type Securities)
BPD .004--Controlled Access Security System
BPD .005--Employee Assistance Records
BPD .006--Health Service Program Records
BPD .007--Gifts to Reduce the Public Debt
BPD .008--Retail Treasury Securities Access Application
BPD .009--U.S. Treasury Securities Fraud Information System

    The following Office of Thrift Supervision (OTS) systems of records 
were last published in the Federal Register in their entirety on July 
15, 2005, beginning at 70 FR 41085, unless otherwise indicated by a 
parenthetical:

OTS .001--Confidential Individual Information System
OTS .002--Correspondence/Correspondence Tracking (April 18, 2007, at 72 
FR 19580)
OTS .003--Consumer Complaint (April 18, 2007, at 72 FR 19581)
OTS .004--Criminal Referral Database
OTS .005--Employee Counseling Service
OTS .006--Employee Locator File (April 18, 2007, at 72 FR 19582)
OTS .008--Employee Training Database (April 18, 2007, at 72 FR 19582)
OTS .011--Positions/Budget (April 18, 2007, at 72 FR 19583)
OTS .012--Payroll/Personnel Systems & Payroll Records. (April 18, 2007, 
at 72 FR 19584)

    The following Financial Crimes Enforcement Network (FinCEN) systems 
of records were last published in the Federal Register in their 
entirety on August 8, 2005:

FinCEN .001--FinCEN Data Base
FinCEN .002--Suspicious Activity Reporting System (SARS)
FinCEN .003--Bank Secrecy Act Reports System
* * * * *

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses

* * * * *
    Description of changes: Replace the period ``(.)'' at the end of 
the last routine use with a semicolon ``(;)'' and add the following 
routine use at the end thereof in numerical order:
    ``( ) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.''
* * * * *

    Dated: September 20, 2007.
Peter B. McCarthy,
Assistant Secretary for Management and Chief Financial Officer.
[FR Doc. E7-19529 Filed 10-2-07; 8:45 am]
BILLING CODE 4811-42-P