81 FR 77003 - Privacy Act of 1974; Department of the Treasury, Bureau of Engraving and Printing (BEP) -.051-BEP Chief Counsel Files System of Records

DEPARTMENT OF THE TREASURY

Federal Register Volume 81, Issue 214 (November 4, 2016)

In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a the U.S. Department of the Treasury (``Treasury'' or the ``Department''), Bureau of Engraving and Printing (``BEP'') proposes to establish a new Department of the Treasury system of records titled, ``Department of the Treasury, Bureau of Engraving and Printing (BEP)-.051--BEP Chief Counsel Files System of Records.''

[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 77003-77006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26661]


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DEPARTMENT OF THE TREASURY


Privacy Act of 1974; Department of the Treasury, Bureau of 
Engraving and Printing (BEP) -.051--BEP Chief Counsel Files System of 
Records

AGENCY: Bureau of Engraving and Printing (BEP), Treasury.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 
U.S.C. 552a the U.S. Department of the Treasury (``Treasury'' or the 
``Department''), Bureau of Engraving

[[Page 77004]]

and Printing (``BEP'') proposes to establish a new Department of the 
Treasury system of records titled, ``Department of the Treasury, Bureau 
of Engraving and Printing (BEP)-.051--BEP Chief Counsel Files System of 
Records.''

DATES: Submit comments on or before December 5, 2016. This new system 
will be effective December 5, 2016.

ADDRESSES: Comments should be sent to Leslie J. Rivera-Pag[aacute]n, 
Attorney/Adviser--Privacy Officer, Office of the Chief Counsel-Privacy 
Office, U.S. Department of the Treasury, Bureau of Engraving and 
Printing, Room 419-A, 14th & C Streets SW., Washington, DC 20228, 
Attention: Revisions to Privacy Act Systems of Records. Comments can 
also be faxed to (202) 874-2951 or emailed to [email protected]. For faxes and emails, please place ``Revisions to SORN 
Treasury/BEP .051--BEP Chief Counsel Files'' in the subject line. 
Comments will be made available for public inspection upon written 
request. The BEP will make such comments available for public 
inspection and copying at the above listed location, on official 
business days between 9:00 a.m. and 5:00 p.m. eastern time. Persons 
wishing to review the comments must request an appointment by 
telephoning (202) 874-2500. All comments received, including 
attachments and other supporting documents, are part of the public 
record and subject to public disclosure. You should submit only 
information that you wish to make available publicly. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues please contact: Leslie J. Rivera-Pag[aacute]n at (202) 874-2500 
or [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the U.S. Department of the Treasury (Treasury), Bureau 
of Engraving and Printing (``BEP'') proposes to establish a new 
Treasury system of records titled, ``Treasury/Bureau of Engraving and 
Printing (BEP)-.051--BEP Chief Counsel Files System of Records.''
    The Secretary of the Treasury has delegated final legal authority 
within Treasury to the General Counsel, who is charged to determine the 
structural and functional organization of the Legal Division and to 
establish the policies, procedures, and standards governing its 
functioning. The mission of the Office of the Chief Counsel of the 
Bureau of Engraving and Printing (``BEP'') is to provide legal advice 
or representation to BEP management regarding issues of compliance, 
investigation, and implementation of matters related to the BEP and the 
statutes and regulations administered by the BEP. The purpose of this 
system is to assist BEP attorneys in providing legal advice to BEP 
management on a wide variety of legal issues. In addition, the system 
will assist to assess the workload of the legal staff, track the 
status, progress, and disposition of matters assigned to the legal 
staff in matters such as litigation and/or administrative proceedings 
in which BEP is a party, and matters in which the Office of the Chief 
Counsel must provide advice.
    The Office of the Chief Counsel is responsible for collecting, 
reviewing, redacting, and producing agency records, in support of 
processing and resolving BEP legal matters. This system has an effect 
on individual privacy that is balanced by the need to collect and 
maintain information related to legal advice issued.
    Routine uses contained in this notice include sharing with the 
Department of Justice (DOJ) for legal advice and representation; to a 
congressional office at the request of an individual; to unions 
recognized as exclusive bargaining representatives to the extent 
necessary to obtain information pertinent to an investigation or matter 
under consideration; to federal, state, local, or foreign agencies, or 
other public authority 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 a potential violation of civil, administrative, 
or criminal law, or regulation; to federal, state, local, or other 
public authority agency maintaining civil, criminal, administrative or 
other relevant enforcement information or other pertinent information, 
which has requested information relevant to, or necessary to, the 
requesting agency's, bureau's, or authority's hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit; to a court, adjudicative body, or other 
administrative body before which BEP is authorized to appear when (a) 
the agency, or (b) any employee of the agency in his or her official 
capacity, or (c) any employee of the agency in his or her individual 
capacity where the Department of Justice or the agency has agreed to 
represent the employee, or (d) the United States, when the agency 
determines that litigation is likely to affect the agency, is a party 
to litigation or has an interest in such litigation, and the use of 
such records by the agency is deemed to be relevant and necessary to 
the litigation or administrative proceeding and not otherwise 
privileged; to a court, magistrate, administrative tribunal, or named 
parties in the course of presenting evidence, including disclosures to 
opposing counsel or witnesses in the course of civil discovery, 
litigation, or settlement negotiations or in connection with criminal 
law proceedings or in response to a court order where arguably relevant 
to a proceeding; to an arbitrator, mediator, or other neutral party, in 
the context of alternative dispute resolution, to the extent relevant 
and necessary for resolution of the matters presented, including 
asserted privileges; and to agencies, entities, or persons during a 
security or information compromise or breach.
    This newly established system will be included in Treasury's 
inventory of record systems.
    Below is the description of the Treasury/Bureau of Engraving and 
Printing (BEP)-.051--BEP Chief Counsel Files System of Records.'' In 
accordance with 5 U.S.C. 552a(r), Treasury has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

Ryan Law,
Acting Deputy Assistant Secretary for Privacy, Transparency, and 
Records Designee.
System of Records
    Department of the Treasury (Treasury)/Bureau of Engraving and 
Printing (BEP)-.051

System name:
    Treasury/BEP-.051 BEP Chief Counsel Files

System location:
    Bureau of Engraving and Printing, Office of the Chief Counsel, 
District of Columbia Facility, 14th & C Streets SW., Room 419-A, 
Washington, DC 20028 and Western Currency Facility, 9000 Blue Mound 
Road, Fort Worth, TX 76131.

Categories of individuals covered by the system:
    Employees and former employees of the Bureau of Engraving and 
Printing, applicants for employment, adjudicators and legal counsel or 
other representatives, parties to and persons who have requested 
information or action from the Office of the Chief Counsel, who are 
involved in litigations, actions, personnel matters,

[[Page 77005]]

administrative claims, administrative appeals, complaints, grievances, 
advisories, and other matters assigned to, or under the jurisdiction of 
the Office of the Chief Counsel, and employees of the Office of the 
Chief Counsel.

Categories of records in the system:
     Names, titles, and contact information of the parties and 
individuals involved, including phone and fax numbers, home and 
business addresses, and email addresses;
     Case management documents, case and/or matter names, and 
case and/or matter identification numbers;
     Information and documents relating to grievances, adverse 
personnel actions, discrimination complaints, and other information and 
documents related to administrative proceedings;
     Memoranda and litigation related materials including 
attorney work product;
     Descriptions, summaries, and statuses of issues, cases 
and/or matters, and assignments;
     Complaints;
     Claim forms;
     Reports of Investigations;
     Accident reports;
     Witness statements and affidavits;
     Pleadings;
     Discovery materials generated in connection with 
litigation and/or administrative actions;
     Correspondence;
     Administrative files;
     Other records collected or generated in response to 
matters assigned to the Office of the Chief Counsel.

Authority for maintenance of the system:
    5 U.S.C. 301, 5520a, 7301, 7351, 7353, 5 U.S.C. App. (Ethics in 
Government Act of 1978); 28 U.S.C. 2672; 31 U.S.C. 301, 321, 1353, 
3721; 42 U.S.C. 659; 44 U.S.C. 3101.

Purpose(s):
    The Office of the Chief Counsel creates and maintains these records 
to provide legal advice or representation to BEP management regarding 
issues of compliance, investigation, and implementation of matters 
related to the BEP and the statutes and regulations administered by the 
BEP and to maintain historical reference information pertaining to such 
matters. In addition, the system of records is used to assess the 
workload of the legal staff, track the status, progress, and 
disposition of matters assigned to the legal staff, and capture summary 
information (such as name of principal parties or subjects, case file 
numbers, and assignments) in matters such as litigation and/or 
administrative proceedings in which the BEP is a party, and matters in 
which the Office of the Chief Counsel must provide advice.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside Treasury/
BEP as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (1) Appropriate federal, state, local, or foreign agencies, or 
other public authority 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 a potential violation of civil, administrative, 
or criminal law, or regulation;
    (2) To federal, state, local, or other public authority agency 
maintaining civil, criminal, administrative or other relevant 
enforcement information or other pertinent information, which has 
requested information relevant to, or necessary to, the requesting 
agency's, bureau's, or authority's hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit;
    (3) To a court, adjudicative body, or other administrative body 
before which BEP is authorized to appear when (a) the agency, or (b) 
any employee of the agency in his or her official capacity, or (c) any 
employee of the agency in his or her individual capacity where the 
Department of Justice or the agency has agreed to represent the 
employee, or (d) the United States, when the agency determines that 
litigation is likely to affect the agency, is a party to litigation or 
has an interest in such litigation, and the use of such records by the 
agency is deemed to be relevant and necessary to the litigation or 
administrative proceeding and not otherwise privileged;
    (4) To a court, magistrate, administrative tribunal, or named 
parties in the course of presenting evidence, including disclosures to 
opposing counsel or witnesses in the course of civil discovery, 
litigation, or settlement negotiations or in connection with criminal 
law proceedings or in response to a court order where arguably relevant 
to a proceeding;
    (5) To an arbitrator, mediator, or other neutral party, in the 
context of alternative dispute resolution, to the extent relevant and 
necessary for resolution of the matters presented, including asserted 
privileges;
    (6) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the BEP or in representing the BEP in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the BEP is authorized to appear, where the BEP deems 
DOJ's use of such information relevant and necessary to the litigation, 
and such proceeding names as a party or interests:
    (a) The BEP or any component of it;
    (b) Any employee of the BEP in his or her official capacity;
    (c) Any employee of the BEP in his or her individual capacity where 
DOJ has agreed to represent the employee; or
    (d) The United States, where the BEP determines that litigation is 
likely to affect the BEP or any of its components;
    (7) Unions recognized as exclusive bargaining representatives under 
the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114 to the 
extent necessary to obtain information pertinent to an investigation or 
matter under consideration;
    (8) To a congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (9) To appropriate agencies, entities, and persons when (a) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (b) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (c) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, or electronic records.

Retrievability:
    Records are retrievable by the name of the party or individual who 
are subjects

[[Page 77006]]

to, or are connected to, subject matters received by or assigned; name 
of the office; office file number; case number; case name; staff name; 
case and/or matter status; case and/or matter subject; date the case 
and/or matter was opened; date the case and/or matter was closed; date 
the case and/or matter was modified; or by keyword search.

Safeguards:
    Access to electronic and paper records is limited to the Office of 
the Chief Counsel personnel. Paper records are maintained in locked 
facilities and/or cabinets with restricted access. Electronic records 
are restricted to authorized personnel who have been issued non-
transferrable access passwords.

Retention and disposal:
    Paper and electronic records are retained and disposed in 
accordance with the Bureau of Engraving and Printing Records Schedule, 
N1-318-04-3, and General Records Schedules (GRS) 1, 2.8, 4.1, 4.2, and 
23, as approved by the National Archives and Records Administration.

System Manager and address:
    Chief Counsel, Bureau of Engraving and Printing, Office of the 
Chief Counsel, District of Columbia Facility, 14th & C Streets SW., 
Room 419-A, Washington, DC 20028 and Western Currency Facility, 9000 
Blue Mound Road, Fort Worth, TX 76131.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains their information should address written inquiries in 
accordance with 31 CFR Part1 to the Disclosure Officer, Bureau of 
Engraving and Printing, Office of the Chief Counsel--FOIA and 
Transparency Services, 14th & C Streets SW., Room 419-A, Washington, DC 
20228.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    The sources of the records include: (1) Existing BEP personnel and 
records, (2) subject of the record, (3) parties and witnesses to 
disputed matters of fact or law, (4) Congressional offices, and, (5) 
federal, state, and/or local agencies.

Exemptions claimed for the system:
    None.

[FR Doc. 2016-26661 Filed 11-3-16; 8:45 am]
 BILLING CODE 4840-01-P