TREASURY DIRECTIVE: 12-53

DATE: August 4, 2008

SUBJECT: Delegations of Authority to Make Decisions on Appeals under the Freedom of Information Act and the Privacy Act.

1. PURPOSE. The Assistant Secretary of Management and Chief Financial Officer (ASM/CFO) makes appellate determinations under the Freedom of Information Act, 5 USC 552, the Privacy Act, 5 USC 552a, and Title 31 of the Code of Federal Regulations (CFR) Part 1, Subparts A and C, with respect to records in the immediate custody of the Assistant Secretary for Management and Chief Financial Officer (ASM/CFO) organizational unit, pursuant to 31 CFR Part 1, Appendix A of Subpart A and Appendix A of Subpart C. This directive provides delegations of authority to make such appellate decisions.

2. DELEGATIONS.

a. This directive delegates to the Deputy Assistant Secretary for Privacy and Treasury Records the authority to make appeal decisions on initial determinations to deny records, to refuse to amend records, and other adverse determinations made under the Freedom of Information Act, 5 USC 552, the Privacy Act, 5 USC 552a, and Title 31 of the CFR Part 1, Subparts A and C with the exceptions delineated in b. below.

b. The Office of Civil Rights and Diversity, in the Office the Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer, is the official custodian of all equal employment opportunity formal complaint files maintained under 29 CFR 1614.

1) This Directive delegates to the Director, Office of Civil Rights and Diversity, the authority to make appeal decisions on initial determinations to deny records, to refuse to amend records, and other determinations made by the Treasury Complaint Center under the Freedom of Information Act, 5 USC 552, the Privacy Act, 5 USC 552a, and Title 31 of the CFR Part 1, Subparts A and C.

2) This Directive delegates to the Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer the authority to make appeal decisions on initial determinations to deny records, to refuse to amend records, and other adverse determinations made by the Director, Office of Civil Rights and Diversity under the Freedom of Information Act, 5 USC 552, the Privacy Act, 5 USC 552a, and Title 31 of the CFR Part 1, Subparts A and C.

3. AUTHORITIES.

a. 31 CFR Part 1, Subparts A and C, Appendix A to Subpart A, and Appendix A to Subpart C.

b. Treasury Order 101-05, “Reporting Relationships and Supervision of Officials, Offices and Bureaus, Delegation of Certain Authority, and Order of Succession of the Treasury.”

c. Treasury Directive 27-01, “Organization and Functions of the Office of the Assistant Secretary for Management and Chief Financial Officer.”

4. REFERENCES.

a. Treasury Directive 25-04, The Privacy Act, as amended.

b. Treasury Directive 25-05, The Freedom of Information Act.

5. CANCELLATION. Treasury Directive 12-53 “Delegation of Authority to Make Decisions on Appeals by the Office of Equal Opportunity Program Under the Freedom of Information Act and the Privacy Act,” dated September 4, 2003, is superseded.

6. OFFICES OF PRIMARY INTEREST. The Office of the Assistant Secretary for Management and Chief Financial Officer, the Office of the Deputy Assistant Secretary for Privacy and Treasury Records, and the Office of the Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer.

/s/

Peter B. McCarthy

Assistant Secretary for Management and

Chief Financial Officer