Federal Register: September 25, 2007 (Volume 72, Number 185)

[Federal Register: September 25, 2007 (Volume 72, Number 185)]

[Rules and Regulations]

[Page 54352-54353]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25se07-9]

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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

Privacy Act; Implementation

AGENCY: Office of the Secretary, Treasury.

ACTION: Final rule.

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SUMMARY: In accordance with the requirements of the Privacy Act of

1974, 5 U.S.C. 552a, as amended, the Internal Revenue Service published

a notice of proposed rulemaking on November 28, 2005 to remove the

exemption claimed for the system of records Treasury/IRS 34.022,

pursuant to 5 U.S.C. 552a(j)(2) and in its place claim an exemption

pursuant to 5 U.S.C. 552a(k)(5).

EFFECTIVE DATE: September 25, 2007.

FOR FURTHER INFORMATION CONTACT: Written inquiries as they relate to

this system should be directed to Mary Anderson, IRS, Personnel

Security and Investigations, 5205 Leesburg Pike, Suite 510, Falls

Church, VA 22041-3802.

SUPPLEMENTARY INFORMATION: The Internal Revenue Service published a

notice of proposed rulemaking on November 28, 2005, at 70 FR 71245, to

remove the (j)(2) exemption and in its place claim the exemption

pursuant to 5 U.S.C. 552a(k)(5) exemption. No comments were received by

the IRS.

    The records in this system are no longer compiled for law

enforcement purposes and do not qualify for the (j)(2) exemption. The

(k)(5) exemption is more appropriate because the investigatory material

contained in this system of records is collected and maintained solely

for the purpose of determining suitability, eligibility, or

qualifications for Federal civilian employment, military service,

Federal contracts, or access to classified information.

[[Page 54353]]

    The (j)(2) exemption was initially applied to this system which was

the database used for all Inspection (now the Treasury Inspector

General for Tax Administration [TIGTA]) investigations. TIGTA is not a

part of IRS and no Inspection investigations are maintained in this

system, with the exception of personnel security investigations. Under

5 U.S.C. 552a(k)(5), the head of any agency may promulgate rules to

exempt any system of records within the agency from certain provisions

of the Privacy Act of 1974 if the system is investigatory material

compiled solely for the purpose of determining suitability,

eligibility, or qualifications for Federal civilian employment,

military service, Federal contracts, or access to classified

information. This is applicable only to the extent that the disclosure

of such material would reveal the identity of a source who furnished

information to the Government under an express promise that the

identity of the source would be held in confidence, or, prior to

September 27, 1975, under an implied promise that the identity of the

source would be held in confidence. Thus to the extent that the records

in this system can be disclosed without revealing the identity of a

confidential source, they are not within the scope of this exemption

and are subject to all the requirements of the Privacy Act.

    The sections of 5 U.S.C. 552a from which the systems of records are

exempt include in general those providing for individuals' access to or

amendment of records. When such access or amendment would cause the

identity of a confidential source to be revealed, it would impair the

future ability of the Department to compile investigatory material for

the purpose of determining suitability, eligibility, or qualifications

for Federal civilian employment, Federal contracts, or access to

classified information. In addition, the systems should be exempt from

5 U.S.C. 552a(e)(1) which requires that an agency maintain in its

records only such information about an individual as is relevant and

necessary to accomplish a purpose of the agency required to be

accomplished by statute or executive order. The Department believes

that to fulfill the requirements of 5 U.S.C. 552a(e)(1) would unduly

restrict the agency in its information gathering inasmuch as it is

often not until well after the investigation that it is possible to

determine the relevance and necessity of particular information.

    A separate notice revising the system of records entitled ``IRS

34.022--National Background Investigations Center Management

Information System'' was published in the Federal Register on November

28, 2005, at 70 FR 71376. Among other changes, the name of the system

of records was changed to ``Automated Background Investigations System

(ABIS).''

    As required by Executive Order 12866, it has been determined that

this final rule is not a significant regulatory action, and therefore,

does not require a regulatory impact analysis.

    The regulation will not have a substantial direct effect on the

States, on the relationship between the Federal Government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore, it is determined that this

rule does not have federalism implications under Executive Order 13132.

    Pursuant to the requirements of the Regulatory Flexibility Act, 5

U.S.C. 601-612, it is hereby certified that these regulations will not

significantly affect a substantial number of small entities. The final

rule imposes no duties or obligations on small entities.

    In accordance with the provisions of the Paperwork Reduction Act of

1995, the Department of the Treasury has determined that this final

rule would not impose new record keeping, application, reporting, or

other types of information collection requirements.

List of Subjects in 31 CFR Part 1

    Privacy.

Part 1 subpart C of Title 31 of the Code of Federal Regulations amended

as follows:

PART 1--[AMENDED]

1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, 31 U.S.C. 321, subpart A also issued

under 5 U.S.C. 552, as amended. Subpart C also issued under 5 U.S.C.

552a.

2. Section 1.36 of subpart C is amended as follows:

a. Paragraph (c)(1)(viii) is amended by removing ``IRS 34.022--National

Background Investigations Center Management Information System'' from

the table.

b. Paragraph (m)(1)(viii) is amended by adding the following text to

the table in numerical order:

Sec.  1.36  Systems exempt in whole or in part from provisions of 5

U.S.C. 522a and this part.

* * * * *

    (m) * * *

    (1) * * *

    (viii) * * *

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                  Number                           Name of system

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                                * * * * *

IRS 34.022................................  Automated Background

                                             Investigations System

                                             (ABIS)

                                * * * * *

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* * * * *

     Dated: September 18, 2007.

Peter B. McCarthy,

Assistant Secretary for Management and Chief Financial Officer.

 [FR Doc. E7-18859 Filed 9-24-07; 8:45 am]

BILLING CODE 4830-01-P