Privacy Act of 1974; System of Records

DEPARTMENT OF THE TREASURY

Customs Service

Privacy Act of 1974; System of Records

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed new Privacy Act system of records.

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SUMMARY: The Treasury Department, Customs Service, gives notice of a

proposed new system of records which is subject to the Privacy Act of

1974, as amended, (5 U.S.C. 552a).

DATES: Comments must be received no later than December 31, 1998. This

new system of records will be effective January 11, 1999, unless

comments are received which result in a contrary determination.

ADDRESSES: Comments (preferably in triplicate) may be submitted to the

Office of Regulations and Rulings, Disclosure Law Branch, U.S. Customs

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Service, 1300 Pennsylvania Ave. NW., Washington, DC 20229. Comments

will be available for inspection and copying at the Disclosure Law

Branch, 1300 Pennsylvania Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Assistant Commissioner, Office of

Information and Technology, U.S. Customs Service, (202) 927-0800.

SUPPLEMENTARY INFORMATION: The Office of Information and Technology is

redesigning their non-integrated tracking systems: The Seized Currency

Tracking System, Seized Property Management System, Seized Property

Tracking System, and the Automated Commercial System Module for Fines,

Penalties and Forfeitures to be replaced by the Seized Asset and Case

Tracking System (SEACATS). The purpose of the newly proposed system of

records is to provide Customs and the Treasury Forfeiture Fund with a

comprehensive system for tracking seized and forfeited property,

penalties, and liquidated damages from case initiation to final

resolution.

The Seized Asset and Case Tracking System (SEACATS), as a

computerized database, has terminals located at Customs Management

Centers and ports of entry located throughout the United States, at

U.S. Secret Service, Bureau of Alcohol, Tobacco and Firearms, Internal

Revenue Service, Executive Office of Asset Forfeiture and the field and

headquarters offices of the contractor custodian of all seized

property. The system will permit the retrieval of information related

to internal review and consideration of request for relief related to

property that was seized by components of the Department of the

Treasury and the names and other identifying information for persons

and businesses who purchase forfeited property from the government.

Exemption from provisions of the Privacy Act is claimed in a

separate document. The system notice is published in its entirety

below.

Dated: November 19, 1998.

Shelia Y. McCann,

Deputy Assistant Secretary (Administration).

Treasury/Customs .213

SYSTEM NAME:

Seized Asset and Case Tracking System (SEACATS).

SYSTEM LOCATION:

Office of Information and Technology, U.S. Customs Service, 1300

Pennsylvania Ave. NW., Washington, DC 20229.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

(1) Owners, claimants, and other interested parties to seized

property; (2) those who have been administratively or criminally

charged with violations of Customs laws and regulations, and other laws

and regulations enforced by the Customs Service, U.S. Secret Service,

Bureau of Alcohol, Tobacco and Firearms, and the Internal Revenue

Service; (3) purchasers of forfeited property.

CATEGORIES OF RECORDS IN THE SYSTEM:

Includes records containing information related to property that

was forfeited or seized by the U.S. Customs Service, the U.S. Secret

Service, the Bureau of Alcohol, Tobacco and Firearms, such as: (1)

Individual and business names, (2) phone numbers, (3) identifying

numbers, (4) dates, (5) types of violations, (6) parties entitled to

legal notice, (7) parties who are legally liable, (8) case information

pertaining to violation, (9) bond information, (10) entry

documentation, (11) petitions and supplemental petitions, (12) reports

of investigation concerning the fine, penalty or forfeiture, (13)

information related to internal review and consideration of request for

relief, (14) offer information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; Treasury Department Order No. 165, Revised, as

amended. 19 U.S.C. 66, 1618, 1624; 19 CFR parts 171 and 172.

PURPOSE(s):

The purpose is to provide Customs and the Treasury Executive Office

of Asset Forfeiture with a comprehensive system for tracking seized and

forfeited property, penalties, and liquidated damages from case

initiation to final resolution.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

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 court, magistrate, or administrative

tribunal in the course of presenting evidence, including disclosure to

opposing counsel or witnesses in the course of civil discovery,

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

connection with criminal law proceedings;

(3) 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 bureau's hiring

or retention of an individual, or issuance of a security clearance,

license, contract, grant, or other benefit;

(4) Provide information to third parties during the course of an

investigation to the extent necessary to obtain information pertinent

to the investigation;

(5) Provide information to the news media in accordance with

guidelines contained in 28 CFR 50.2 which relates to an agency's

functions relating to civil and criminal proceedings.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Magnetic media.

RETRIEVABILITY:

By identification codes, name, phone number, identifying number,

and date and type of violation.

SAFEGUARDS:

Access to the computer area is controlled by a security pass

arrangement and personnel not connected with the operation of the

computer are prohibited from entering. At ports of processing, terminal

rooms are under close supervision during working hours and locked after

the close of business. Users gain access to the system by unique

identification code and password. Access is on a need-to-know basis

only. Passwords are changed frequently to enhance security.

RETENTION AND DISPOSAL:

Files are periodically updated to reflect changes and are disposed

of in accordance with the requirements of the National Archives and

Records Administration's record retention schedule.

SYSTEM MANAGER(S) AND ADDRESS:

Assistant Commissioner, Office of Information and Technology, U.S.

Customs Service, 1300 Pennsylvania Ave. NW., Washington, DC 20229.

NOTIFICATION PROCEDURE:

This system of records may not be accessed for purposes of

determining if the system contains a record pertaining

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to a particular individual. (See 5 U.S.C. 552a (e)(4)(G) and (f)(1).)

RECORD ACCESS PROCEDURES:

This system of records may not be accessed under the Privacy Act

for the purpose of inspection.

CONTESTING RECORD PROCEDURES:

Since this system of records may not be accessed for purposes of

determining if the system contains a record pertaining to a particular

individual and those records, if any, cannot be inspected, the system

may not be accessed under the Privacy Act for the purpose of contesting

the content of the record.

RECORD SOURCE CATEGORIES:

This system of records is exempt from the Privacy Act provision

which requires that record source categories be reported. (See

``Exemptions Claimed for the System,'' below.)

EXEMPTIONS CLAIMED FOR THE SYSTEM:

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), (e)(5) and (8), (f) and (g) of the Privacy Act pursuant to 5

U.S.C. 552a (j)(2) and (k)(2).

[FR Doc. 98-31870 Filed 11-30-98; 8:45 am]

BILLING CODE 4820-02-P