Proposed Privacy Act Systems of Records, 55737-55739 [2011-22977]

Agencies

• DEPARTMENT OF THE TREASURY
• Department of Treasury

[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55737-55739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22977]


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DEPARTMENT OF THE TREASURY


Proposed Privacy Act Systems of Records

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of Proposed Privacy Act Systems of Records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Department of the Treasury, Departmental Offices 
gives notice of a proposed system of records entitled, ``Treasury 013--
Department of the Treasury Civil Rights Complaints and Compliance 
Review Files.''

DATES: Comments must be received no later than October 11, 2011. The 
proposed new system of records will be effective October 11, 2011 
unless comments are received which would result in a contrary 
determination.

ADDRESSES: Written comments should be sent to the Associate Chief Human 
Capital Officer for Civil Rights and Diversity, Department of the 
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The 
Department will make such comments available for public inspection and 
copying in the Department's Library, Room 1428, Main Treasury Building, 
1500 Pennsylvania Avenue, NW., Washington, DC 20220, on official 
business days between the hours of 10 a.m. and 5 p.m. Eastern Daylight 
Time. You can make an appointment to inspect comments by telephoning 
(202) 622-0990. All comments received, including attachments and other 
supporting materials, are part of the public record and subject to 
public disclosure. You should submit only information that you wish to 
make available publicly.

FOR FURTHER INFORMATION CONTACT: Mariam G. Harvey, Department of the 
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at (202) 
622-0316, (202) 622-0367 (fax), or via electronic mail at 
ocrd.comments@do.treas.gov.

SUPPLEMENTARY INFORMATION: The Department of the Treasury (Treasury) 
established the Office of Civil Rights and Diversity to ensure equal 
employment opportunity for its employees and applicants for employment, 
and to ensure that programs and activities conducted by or receiving 
financial assistance from Treasury meet the non-discrimination 
requirements set out by Title VI of the Civil Rights Act, Title IX of 
the Education Amendments, the Age Discrimination Act and Sections 504 
and 508 of the Rehabilitation Act. In performing its mission, the 
Office of Civil Rights and Diversity will create records having to do 
with civil rights complaints, compliance reviews, and correspondence. 
Members of the public can file administrative complaints alleging 
discrimination and the Office of Civil Rights and Diversity is 
responsible for investigating those complaints over which it has 
jurisdiction. Treasury will maintain records of the complaints filed by 
the public and their disposition. Treasury administers programs 
offering financial assistance, such as the Low Income Taxpayer Clinics 
and the Community Development Financial Institutions Fund. Treasury has 
the responsibility to ensure that its financially assisted programs are 
administered in a nondiscriminatory manner. The guidance provided to 
the Federal agencies by the Department of Justice requires Federal 
agencies to conduct compliance reviews of its recipients of financial 
assistance as the best way to ensure nondiscrimination. Treasury will 
maintain records of its recipients' compliance with the applicable 
civil rights laws.
    In a notice of proposed rulemaking, which is published separately 
in the Federal Register, the Office of Civil Rights and Diversity is 
proposing to exempt records maintained in several systems from certain 
of the Privacy Act's requirements pursuant to 5 U.S.C. 552a(k)(2).
    The report of a new system of records, as required by 5 U.S.C. 
552a(r) of the Privacy Act, has been provided to the Committee on 
Oversight and 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.
    The proposed new system of records, entitled ``Treasury .013--
Department of the Treasury Civil Rights Complaints and Compliance 
Review Files,'' is published in its entirety below.

    Dated: August 17, 2011.
Veronica Marco,
 Acting Deputy Assistant Secretary for Privacy, Transparency and 
Records.
Treasury .013

System name:
    Department of the Treasury Civil Rights Complaints and Compliance 
Review Files.

System location:
    These records are located in the Department of the Treasury's 
(Treasury) Office of Civil Rights and Diversity (OCRD), the Office of 
the General Counsel, and any other office within a Treasury bureau 
where a complaint is filed or where the action arose.
    The locations at which the system is maintained are:
    (1) a. Departmental Offices (DO): 1500 Pennsylvania Ave., NW., 
Washington, DC 20220.
    b. The Office of Inspector General (OIG): 740 15th Street, NW., 
Washington, DC 20220.
    c. Treasury Inspector General for Tax Administration (TIGTA): 1125 
15th Street, NW., Suite 700A, Washington, DC 20005.
    d. Special Inspector General for the Troubled Asset Relief Program 
(SIGTARP), 1801 L. Street, NW., Washington, DC 20036.
    (2) Alcohol and Tobacco Tax and Trade Bureau (TTB): 1310 G. St., 
NW., Washington, DC 20220.
    (3) Office of the Comptroller of the Currency (OCC): 250 E Street, 
NW., Washington, DC 20219-0001.
    (4) Bureau of Engraving and Printing (BEP): 14th & C Streets, SW. 
Washington, DC 20228.
    (5) Financial Management Service (FMS): 401 14th Street, SW., 
Washington, DC 20227.

[[Page 55738]]

    (6) Internal Revenue Service (IRS): 1111 Constitution Avenue, NW., 
Washington, DC 20224.
    (7) United States Mint (MINT): 801 9th Street, NW., Washington, DC 
20220.
    (8) Bureau of the Public Debt (BPD): 999 E Street, NW., Washington, 
DC 20239.
    (9) Financial Crimes Enforcement Network (FinCEN), Vienna, VA 
22183-0039.

Categories of individuals covered by the system:
    Covered individuals include persons who file complaints alleging 
discrimination or violation of their rights under the statutes 
identified below (Authority for Maintenance) and covered entities 
(e.g., recipients of financial assistance from Treasury such as 
grantees and sub-grantees), whether individuals, organizations or 
institutions, investigated by OCRD as a result of allegations of 
discrimination or through compliance reviews conducted by OCRD. Covered 
individuals also include persons who submit correspondence to OCRD 
related to other compliance activities (e.g., outreach and public 
education), and other correspondence unrelated to a complaint or review 
and requiring response by OCRD.

Categories of records in the system:
    The system encompasses a variety of records having to do with 
complaints, compliance reviews, and correspondence. The complaint files 
and log include complaint allegations, information gathered during the 
complaint investigation, findings and results of the investigation, and 
correspondence relating to the investigation, as well as status 
information for all complaints.
    Equivalent types of information are maintained for reviews and 
correspondence activities (namely information gathered, findings, 
results, correspondence and status).

Authority for maintenance of the system:
    Title VI of the 1964 Civil Rights Act of 1964; sections 504 and 508 
of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; 
and Title IX of the Education Amendments Act of 1972.

Purpose(s):
    The complaint files and other records will be used to enforce and 
ensure compliance with the legal authorities listed above. Treasury 
uses the information in this system to investigate complaints and to 
obtain compliance with civil rights laws.
    The system is used for the investigation of complaints and in 
reviewing recipients of Treasury financial assistance to determine if 
these programs are in compliance with the Federal laws which prohibit 
discrimination on the basis of race, color, national origin, sex, age, 
and disability. In addition, the system contains case files developed 
in investigating complaints and in reviewing actions within Treasury to 
determine if its conducted programs and activities are in compliance 
with the Federal laws. The system also contains annual and bi-annual 
statistical data submitted to and used by the OCRD in monitoring the 
compliance status of recipients of Department of the Treasury financial 
assistance.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be used to disclose pertinent information to:
    1. Appropriate Federal agencies responsible for a civil rights 
action or, prosecuting a violation of, or enforcing, or implementing, a 
statute, rule, regulation, or order, where Treasury becomes aware of an 
indication of a potential violation of civil or criminal law or 
regulation, rule or order.
    2. Provide information to a congressional office in response to an 
inquiry made at the request of the individual to whom the record 
pertains;
    3. Another Federal agency, to a court, or a party in litigation 
before a court or in an administrative proceeding being conducted by a 
Federal agency, when the Federal Government is a party to the judicial 
or administrative proceeding. In those cases where the Federal 
Government is not a party to the proceeding, records may be disclosed 
if a subpoena has been signed by a court of competent jurisdiction.
    4. The National Archives and Records Administration (``NARA'') for 
use in its records management inspections and its role as an Archivist.
    5. The United States Department of Justice for the purpose of 
representing or providing legal advice to Treasury in a proceeding 
before a court, adjudicative body, or other administrative body before 
which Treasury is authorized to appear, when such proceeding involves:
    (A) Treasury or any component thereof;
    (B) Any employee of Treasury in his or her official capacity;
    (C) Any employee of Treasury in his or her individual capacity 
where the Department of Justice or Treasury has agreed to represent the 
employee;
    (D) The United States, when Treasury determines that litigation is 
likely to affect Treasury or any of its components.
    6. Contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for Treasury, when necessary 
to accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to Treasury officers and employees.
    7. Appropriate agencies, entities, and persons when: (a) Treasury 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) Treasury 
has determined that as a result of the suspected or confirmed 
compromise that 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 Treasury or another agency or entity) that rely upon the 
compromised information; and (c) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with Treasury's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records, file folders and/or electronic media.

Retrievability:
    In the case of administrative complaints, records are indexed by 
the complainant's name. In the case of compliance reviews, records are 
indexed by the name of the recipient of financial assistance.

Safeguards:
    The civil rights complaint and compliance file system will conform 
to applicable law and policy governing the privacy and security of 
Federal records. These include but are not limited to the Privacy Act 
of 1984, and the Paperwork Reduction Act of 1995. Only authorized users 
have access to the records in the system. Specific access is structured 
around need and is determined by the person's role in the organization.
    Printed materials are filed in secure cabinets in secure Federal 
buildings with access based on need.

[[Page 55739]]

Retention and disposal:
    Documents related to complaints and reviews are retained at OCRD 
for three years from the date the complaint is closed and then are 
archived at the National Archives and Records Administration for 15 
years. Correspondence is retained for one year following the end of the 
fiscal year in which processed.

System manager(s) and address:
    Department of the Treasury: Official prescribing policies and 
practices: Associate Chief Human Capital Officer for Civil Rights and 
Diversity.
    The system managers for the Treasury components are:
    (1) Treasury: OCRD, External Civil Rights Program Manager, 1500 
Pennsylvania Avenue, NW., Washington, DC 20220.
    (2) a. DO: Office of EEO, EEO Director, 1500 Pennsylvania Avenue, 
NW., Washington, DC 20220.
    b. OIG: EEO and Diversity Manager, 740 15th Street, NW., Suite 500, 
Washington, DC 20220.
    c. TIGTA: EEO Program Manager, 1125 15th Street, NW., Suite 700A, 
Washington, DC 20005.
    (d) SIGTARP: EEO Program Manager, 1801 L Street, NW., 3rd Floor, 
Washington, DC 20220.
    (3) TTB: EEO Officer, 1310 G Street, NW., Suite 300W, Washington, 
DC 20220.
    (4) OCC: Director, Workplace Fairness and Equal Opportunity, 250 E 
Street, SW., Washington, DC 20219.
    (5) BEP: Chief, Office of Equal Opportunity and Diversity 
Management, 14th and C Street, SW., Room 639-17, Washington, DC 20228.
    (6) FMS: EEO Officer, PG Center, Building 2, Room 137, 3700 East-
West Highway, Hyattsville, MD 20782.
    (7) IRS: Director, Civil Rights Division, 1111 Constitution Avenue, 
NW., Suite 2219, Washington, DC 20224.
    (8) U.S. Mint: Chief, EEO and Dispute Resolution Division, 801 9th 
Street, NW., 3rd Floor, Washington, DC 20220.
    (9) BPD: EEO Officer, 200 3rd Street, Room 102, Parkersburg, WV 
26106.
    (10) FinCEN: Chief, Outreach and Workplace Solutions, 2070 Chain 
Bridge Road, Suite 200, Vienna, VA 22182.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
inquire in writing in accordance with instructions appearing at 31 CFR 
part 1, subpart C, appendices A-M. Requests for information and 
specific guidance on where to send requests for records may be 
addressed to: Privacy Act Request, DO, Director, Disclosure Services 
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, 
DC 20220.

Record access procedures:
    See ``Notification Procedure'' above.

Contesting record procedures:
    See ``Notification Procedure'' above.

Record source categories:
    Information is provided by Treasury employees, complainants and 
covered entities.

Records exempted from certain provisions of the act:
    Certain records in this system are exempt from 5 U.S.C. 552a(c)(3), 
(d)(1), (2), (3), and (4), (e)(1), (e)(4)(G), (H),and (I), and (f) of 
the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). See 31 CFR 1.36.

[FR Doc. 2011-22977 Filed 9-7-11; 8:45 am]
BILLING CODE 4810-25-P