Privacy Act of 1974: Altered System of Records

DEPARTMENT OF THE TREASURY

Customs Service

Privacy Act of 1974: Altered System of Records

AGENCY: Customs Service, Treasury.

ACTION: Notice of altered system of records.

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

1974, as amended, 5 U.S.C. 552a, the United States Customs Service

gives notice of an altered Privacy Act system of records, Internal

Security Records System--Treasury/Customs .127. The title, as amended,

will be Internal Affairs Record System--Treasury/Customs .127.

DATES: Comments must be received no later than August 25, 1995. The

altered system of records will be effective September 5, 1995, unless

comments are received which would result in a contrary determination.

ADDRESSES: Comments should be sent to the Disclosure Law Branch, Office

of Regulations and Rulings, U.S. Customs Service, 1301 Constitution

Avenue, NW., Washington, DC 20229. Comments will be made available at

the Office of Regulations and Rulings, U.S. Customs Service, Franklin

Court, 1099 14th Street, NW., Suite 4000, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kathryn C. Peterson, Chief, Disclosure

Law Branch, Office of Regulations and Rulings, (202) 482-6970.

SUPPLEMENTARY INFORMATION: This report is to give notice of an altered

U.S. Customs Service system of records entitled ``Internal Security

Records System--Treasury/Customs .127'' which is subject to the Privacy

Act of 1974, 5 U.S.C. 552a.

The Customs Service is amending its present system of records

covering personnel and administrative records for the following

reasons:

1. To more fully describe, by the addition of photographic images,

the records about the individual in the system,

2. To show additional categories of individuals covered by the

system.

The altered system of records report, as required by 5 U.S.C.

552a(r) of the Privacy Act, has been submitted to the Committee on

Government Reform and Oversight of the House of Representatives, the

Committee on Governmental Affairs of the Senate, and the Office of

Management and Budget, pursuant to Appendix I to OMB Circular A-130,

Federal Agency Responsibilities

[[Page 38394]]

for Maintaining Records About Individuals, dated July 15, 1994.

The proposed altered system of records, Treasury/Customs .127

Internal Affairs Records System is published in its entirety below.

Dated: July 18, 1995.

Alex Rodriguez,

Deputy Assistant Secretary Administration.

Treasury/Customs .127

Security Programs Division, Office of Internal Affairs, 1301

Constitution Avenue NW., Washington, DC 20229-0004. -

Present and past employees; contractor applicants/employees; and

applicants for positions that require an investigation; and others that

are principals or non-principals in an investigation or integrity

issue.

Background investigations, integrity investigations, and

photographic images.

5 U.S.C. 301; Treasury Department Order Number 165, revised, as

amended.

To maintain all records on applicants, employees, contractors, and

contractor applicants relating to investigations conducted by Internal

Affairs, and to support personnel and administrative programs of the

Customs Service.

These records and information in the records may be used to: (1)

Disclose pertinent information to appropriate Federal, State, local, or

foreign agencies responsible for investigating or prosecuting the

violations of, or for enforcing or implementing, a statute, rule,

regulation, order, or license, where the disclosing agency becomes

aware of an indication of a violation or potential violation of civil

or criminal law or regulation; (2) disclose information to a Federal,

State, or local agency, maintaining civil, criminal or other relevant

enforcement information or other pertinent information, which has

requested information relevant to or necessary to the requesting

agency's or the bureau's hiring or retention of an individual, or

issuance of a security clearance, license, contract, grant or other

benefit; (3) disclose information to a court, magistrate, or

administrative tribunal in the course of presenting evidence, including

disclosures to opposing counsel or witnesses in the course of civil

discovery, litigation, or settlement negotiations, in response to a

subpoena, or in connection with criminal law proceedings; (4) provide

information to a congressional office in response to an inquiry made at

the request of the individual to whom the record pertains; (5) provide

information to the news media in accordance with guidelines contained

in 28 CFR 50.2, which relate to an agency's functions relating to civil

and criminal proceedings; (6) provide information to third parties

during the course of an investigation to the extent necessary to obtain

information pertinent to the investigation.

Investigative records are maintained in computers, as well as in

file folders, in metal security cabinets secured by government approved

three-position combination locks, and in a mobile filing system within

a secured area that is alarmed with motion detectors.

These records are indexed by name and/or numerical identifier in a

manual filing system and/or computerized system.

In addition to being stored in secured metal containers with

government approved combination locks, mobile filing system, etc., the

containers are located in a locked, alarmed room, the keys of which are

controlled and issued to the custodians of the files. The security

specialists and administrative personnel who maintain the files are

selected for their experience and afforded access only after having

been cleared by a full-field background investigation and granted

appropriate security clearances for critical sensitive positions. Those

departmental officials who may occasionally be granted access

consistent with their positions to employ and concur in the granting of

security clearances have also been investigated prior to filling

critical-sensitive positions.

The file records are maintained as long as the subject of the

investigation is employed by the U.S. Customs Service and then for 1

year after the subject terminates employment. The files are then

transferred to the Federal Records Center for retention. After

transfer, records are retained by the Federal Records Center for the

following period of time and then destroyed: Background

Investigations--15 years; Conduct and Special Inquiry Investigations--

25 years.

Director, Security Programs Division, Office of Internal Affairs,

U.S. Customs Service, 1301 Constitution Avenue NW., Washington, DC

20229-0004.

See Customs Appendix A (57 FR 14007, April 17, 1992).

See ``Notification procedure'' above.

See ``Notification procedure'' above.

Sources of information are: Employers; educational institutions;

police; government agencies; credit bureaus; references; neighborhood

checks; confidential sources; medical sources; personal interviews;

photographic images, military, financial, citizenship, birth and tax

records; and the applicant's, employee's or contractor's personal

history and application forms.

This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1),

(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4), (G), (H) and

(I), (5) and (8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C.

552a(j)(2), (k)(2) and (k)(5).

[FR Doc. 95-18346 Filed 5-25 -95; 8:45 am]

BILLING CODE 4820-02-P