Privacy Act of 1974; as Amended, 71376-71378 [E5-6588]
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71376
Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Notices
Nissan also provided a chart showing
production ‘‘start’’ and ‘‘end’’ dates for
the R32, the R33, and the R34 models.
The R32 models were manufactured
from May 1989 through November 1994;
the R33 models were manufactured
from August 1993 through June 1998;
and the R34 models were manufactured
from November 1997 through August
2002. Included in the chart is
information identifying the production
‘‘start’’ dates when air bags were offered
as an option and as standard equipment
at both the driver and the front
passenger’s seating positions on the
R32, the R33, and the R34 model
vehicles.
The agency did not have this
information from Nissan at the time of
its original decision to grant import
eligibility to 1990–1999 Nissan GTS and
GTR passenger cars. Instead, the agency
heavily relied on the results of static
and dynamic tests on two modified
1996 R33 model vehicles, which, in its
overall context, the original petition
suggested were representative. As
indicated in the original petition, the
petitioner had made structural
modifications to these two vehicles and
replaced the air bags at the driver’s and
the front passenger’s seating positions
with components manufactured to its
own specifications. The petitioner did
not demonstrate full compliance with
the performance requirements of
FMVSS 208 and other crashworthiness
standards (e.g., FMVSS Nos. 210 Seat
Belt Assembly Anchorages, 212
Windshield Mounting and 301 Fuel
System Integrity) for R32 and R34
models because no test data was
provided to the agency.
The agency’s decision to grant import
eligibility to 1990–1999 Nissan GTS and
GTR passenger cars also relied on the
petitioner’s assertion that the original
equipment driver’s air bag on 1990–
1993 models, and the driver and
passenger’s air bags on 1994–1999
models would be replaced with
components manufactured to the
petitioner’s specifications.
However, the air bag production chart
provided by Nissan shows that no
driver’s air bags were available in the
R32 GTS model until August 1991. For
the R32 GTR model, no driver’s air bag
was offered until February 1994, and it
was then offered only as optional
equipment. Nissan did not offer
passenger’s air bags in the R32 model.
Nissan began production of the R33
model in August 1993, offering both
driver and passenger’s air bags as
optional equipment on the GTS model.
It was not until January 1995 that a
driver’s air bag was offered on the GTR
model. As of January 1995, the driver’s
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Jkt 208001
air bag became standard on both GTS
and GTR models. One year later, in
January 1996, the passenger’s air bag
became standard on both GTS and GTR
models.
Nissan has informed the agency that
it does not possess records that would
allow it to determine whether any
individual vehicle had the air bags
installed when those air bags were
offered as optional equipment. The
agency can only be assured that R33
vehicles, produced by Nissan beginning
in January 1996, will have both driver
and passenger’s air bags installed as
original equipment.
On the basis of the foregoing, NHTSA
has tentatively concluded that the
original grant of eligibility to the 1990–
1999 Nissan GTS and GTR passenger
cars, comprising R32, R33, and R34
model vehicles, was overly broad. As a
consequence, the agency has tentatively
decided to rescind that decision in part.
If it makes this rescission, only Nissan
R33 model GTS and GTR passenger cars
manufactured between January 1996
and June 1998 will be eligible for
importation in the future.
Vehicle Eligibility Number
The importer of a vehicle admissible
under any import eligibility decision
must enter on the HS–7 Declaration
form covering the entry the appropriate
vehicle eligibility number indicating
that the vehicle is eligible for
importation. Vehicle eligibility number
VCP–17 is currently assigned to 1990–
1999 Nissan GTS and GTR passenger
cars. If this tentative decision is made
final, NHTSA will rescind that
eligibility number and assign a new
eligibility number to Nissan GTS and
GTR passenger cars manufactured
between January 1996 and June 1998
that are to remain eligible for
importation.
Interested persons are invited to
submit comments on the tentative
decision described above. Comments
should refer to the docket number and
be submitted to: Docket Management,
Room PL–401, 400 Seventh St., SW.,
Washington, DC 20590. It is requested
but not required that 10 copies be
submitted.
All comments received before the
close of business on the closing date
indicated above will be considered, and
will be available for examination in the
docket at the above address both before
and after that date. To the extent
possible, comments filed after the
closing date will also be considered.
Notice of final action will be published
in the Federal Register pursuant to the
authority indicated below.
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Authority: 49 U.S.C. 30141(a)(1)(B) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: November 21, 2005.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E5–6530 Filed 11–25–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Privacy Act of 1974; as Amended
Internal Revenue Service,
Treasury.
ACTION: Notice of alteration of Privacy
Act system of records.
AGENCY:
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.
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.
ADDRESSES:
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Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Notices
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
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15:28 Nov 25, 2005
Jkt 208001
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
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71377
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
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71378
Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Notices
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:
VerDate Aug<31>2005
15:28 Nov 25, 2005
Jkt 208001
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.)
DEPARTMENT OF VETERANS
AFFAIRS
Office of Research and Development;
Government Owned Invention
Available for Licensing
Office of Research and
Development, VA.
ACTION: Notice of Government owned
invention available for licensing.
AGENCY:
SUMMARY: The invention listed below is
owned by the U.S. Government as
represented by the Department of
Veterans Affairs, and is available for
licensing in accordance with 35 U.S.C.
207 and 37 CFR part 404 and/or
Cooperative Research and Development
Agreements (CRADA) Collaboration
under 15 U.S.C. 3710a to achieve
expeditious commercialization of
results of federally funded research and
development. Foreign patents are filed
on selected inventions to extend market
coverage for U.S. companies and may
also be available for licensing.
FOR FURTHER INFORMATION CONTACT:
Technical and licensing information on
the invention may be obtained by
writing to: Amy E. Centanni,
Department of Veterans Affairs,
Director, Technology Transfer Program,
Office of Research and Development,
810 Vermont Avenue, NW.,
Washington, DC 20420; fax: 202–254–
0255; e-mail at:
amy.centanni@mail.va.gov. Any request
for information should include the
Number and Title for the relevant
invention as indicated below. Issued
patents may be obtained from the
Commissioner of Patents, U.S. Patent
and Trademark Office, Washington, DC
20231.
SUPPLEMENTARY INFORMATION: The
invention available for licensing is: U.S.
Patent Application No. 11/113,786
‘‘Quantitation of Endothelial
Microparticles.’’
[FR Doc. E5–6588 Filed 11–25–05; 8:45 am]
Dated: November 18, 2005.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
[FR Doc. 05–23299 Filed 11–25–05; 8:45 am]
BILLING CODE 4830–01–P
BILLING CODE 8320–01–M
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]]>Agencies
[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Notices]
[Pages 71376-71378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6588]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
