Treasury Directive 25-09

DATE: September 3, 2008

SUBJECT: Privacy and Civil Liberties Activities Pursuant to Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53.

1. PURPOSE.  This directive establishes the policy of the Department of the Treasury with respect to the activities of Chief Privacy and Civil Liberties Officer as
directed by Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53. This Directive also authorizes, at the 
discretion of the Chief Privacy and Civil Liberties Officer, the issuance of a handbook or other guidance to implement this policy.

2. SCOPE. This directive applies to all bureaus, offices, and organizations in the Department of the Treasury. For the purposes of this Treasury Directive, Bureau Heads means: All Treasury bureau heads, the Treasury Inspector General, the Treasury Inspector General for Tax Administration, and the Assistant Secretary for Management and Chief Financial Officer (for the Departmental Offices). The provisions of this directive shall not be construed as to interfere with the authority of the Inspectors General as set forth in Section 3 of the Inspector General Act and the Internal Revenue Service Restructuring and Reform Act and defined in Treasury Order 114-01 and Treasury Order 115-01 or successor orders.

3. POLICY. It is the policy of the Department to protect the privacy and civil liberties of individuals by ensuring that due consideration and regard for information privacy and civil liberties are addressed in the execution of Departmental programs and policies.

4. RESPONSIBILITIES.

a. The Assistant Secretary for Management and Chief Financial Officer has been designated as the Treasury Department’s Chief Privacy and Civil Liberties Officer and shall:

1) Assist heads of offices and bureaus in considering privacy and civil liberties concerns associated with their mission, including any proposed new requirements relating to national security;

2) Ensure that the Department adequately considers privacy and civil liberties in program development and implementation;

3) Ensure that the Department has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege violation of their privacy or civil liberties, and adequate procedures to protect against reprisals or threats of reprisals against employees who make a complaint or disclose information that indicates a possible violation of privacy protections or civil liberties in the Department’s administration of programs and operations;

4) When providing advice on proposals to retain or enhance a particular governmental power, consider whether:

(a) The need for the power is balanced with the need for the protection of privacy and civil liberties;

(b) There is adequate supervision of the use of the power to ensure protection of privacy and civil liberties; and

(c) There are adequate guidelines and oversight to properly confine its use.

5) Compile and forward the Department’s quarterly reports to Congress, the Secretary of the Treasury, and the Privacy and Civil Liberties Oversight Board, which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary; and

6) Make reports, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of sensitive or classified information and applicable law.

b. Heads of Bureaus shall:

1) Establish internal procedures consistent with Section 803 and this directive to ensure that the office or bureau appropriately considers privacy and civil liberties in program development and implementation;

2) Ensure that accurate and complete written reporting information that meets the requirements of Section 803 and this Directive are submitted in a timely manner to the Chief Privacy and Civil Liberties Officer for reporting purposes; and

3) Ensure that the bureau or office has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege violation of their privacy or civil liberties, and adequate procedures to protect against reprisals or threats of reprisals against employees who make a complaint or disclose information that indicates a possible violation of privacy protections or civil liberties in the bureau’s or office’s administration of programs and operations.

5. AUTHORITIES.

a. Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53.

b. Treasury Order 102-25, “Delegation of Authority Concerning Privacy and Civil Liberties.”

6. REFERENCES.

a. Privacy Act, 5 USC 552a, as amended.

b. E-Government Act of 2002, P.L. 107-347

c. Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, as amended.

d. Consolidated Appropriations Act 2005, P.L. 108-447, as amended.

e. Executive Order 13353, Establishing the President’s Board on Safeguarding Americans’ Civil Liberties.

f. Executive Order 13388, Further Strengthening the Sharing of Terrorism Information to Protect Americans.

7. OFFICES OF PRIMARY INTEREST. Office of the Deputy Assistant Secretary for Privacy and Treasury Records and the Office of the Assistant Secretary for Management and Chief Financial Officer.

/s/

Peter B. McCarthy

Assistant Secretary for Management and

Chief Financial Officer