[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55737-55739]
From the Federal Register Online via the Government Publishing 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
[email protected].
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]
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