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Treasury Directive 25-09

DATE:  December 14, 2015
 
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 the 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, the Special Inspector General for the Troubled Asset Relief Program, and the Assistant Secretary for Management (for the Departmental Offices).  The provisions of this directive shall not be construed as to interfere with the authority of the Inspectors General and the Special Inspector General as set forth in Section 3 of the Inspector General Act, Section 121 of the Emergency Economic Stabilization 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 has been designated as the Treasury Department’s Chief Privacy and Civil Liberties Officer and shall:
 
1)   Assist Department leadership, heads of offices, and bureaus in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;;
 
2)   periodically investigate and review Department or bureau actions, policies, procedures, guidelines, and related laws and their implementation to ensure that the Department or bureau is adequately considering privacy and civil liberties in its actions;
 
3)   ensure that the Department and its bureaus have adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege the Department or its bureaus have violated 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 or bureaus’ administration of programs and operations;
 
4)   in providing advice on proposals to retain or enhance a particular governmental power, consider whether the Department or its bureaus has established--
 
(a) that the need for the power is balanced with the need to protect privacy and civil liberties;
(b) that there is adequate supervision of the use by the Department or its bureaus of the power to ensure protection of privacy and civil liberties; and
(c) that there are adequate guidelines and oversight to properly    confine its use.
 
5)   Compile and forward the Department’s semiannual 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.
 
g.  Intelligence Authorization Act for Fiscal Year 2014, P.L. 113-126
 
7.   CANCELLATION.  Treasury Directive 25-09, “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,” dated September 3, 2008, is superseded.
 
8.   OFFICES OF PRIMARY INTEREST.  Office of the Deputy Assistant Secretary for Privacy and Treasury Records and the Office of the Assistant Secretary for Management.
 
  
/S/
Brodi Fontenot
Assistant Secretary for Management
 
Last Updated: 12/15/2015 11:19 AM

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