[Federal Register: September 22, 1997 (Volume 62, Number 183)] [Notices] [Page 49499-49500] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22se97-46] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Privacy Act of 1974: System of Records AGENCY: Commodity Futures Trading Commission. ACTION: Amendment of system of records to include new routine uses. ----------------------------------------------------------------------- SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(11)), the Commodity Futures Trading Commission is issuing notice of its intent to amend the system of records entitled CFTC-5, Employee Personnel/Payroll Records, to include new routine uses required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. DATES: Comments must be received on or before October 22, 1997. ADDRESSES: Comments should be addressed to Jean A. Webb, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. Comments may also be sent via the Internet to [email protected]. FOR FURTHER INFORMATION CONTACT: Stacy Dean Yochum, Office of the Executive Director, (202) 418-5157, or Glynn L. Mays, Office of General Counsel, (202) 418-5120, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Additions to Routine Use Pursuant to Pub. L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (``the Act''), the Commodity Futures Trading Commission will disclose data from CFTC-5, Employee Personnel/Payroll Records, to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, for use in its Federal Parent Locator System (FPLS) and Federal Tax Offset System, DHHS/OCSE No. 09-90-0074. Information on the FPLS and Federal Tax Offset System was last published in the Federal Register on July 25, 1996 (61 FR 38754). FPLS is a computerized network through which States may request location information from Federal and State agencies to find non- custodial parents and/or their employers for the purpose of establishing paternity and securing support. The Act amended 42 U.S.C. 653(n) to require quarterly wage reporting to the FPLS by federal employers of the name, social security number, and quarterly wages of each employee, effective October 1, 1997. The Act also added a new section, 42 U.S.C. 653a, which requires federal employers to provide information to the National Directory of New Hires established by 42 U.S.C. 653. Federal employers must report the name, address, and social security number of a new employee to the National Directory of New Hires effective October 1, 1997. Pursuant to the amendments to 42 U.S.C. 653 made by the Act, the enlarged FPLS will include the National Directory of New Hires, a database containing information on employees commencing employment, quarterly wage data on private and public sector employees, and information on unemployment compensation benefits, all effective October 1, 1997. Also in accordance with the Act, effective October 1, 1998, the FPLS will [[Page 49500]] be expanded to include a Federal Case Registry. The Federal Case Registry will contain abstracts on all participants in child support enforcement cases. When the Federal Case Registry is implemented, its files will be matched on an ongoing basis against the National Directory of New Hires to determine if an employee is a participant in a child support case anywhere in the country. If the FPLS identifies a person as a participant in a State child support case, that State will be notified of the participant's current employer. State requests to the FPLS for location information will also continue to be processed after October 1, 1998. The data to be disclosed by the Commodity Futures Trading Commission to the FPLS include: name, address, social security number, and quarterly wages. In addition, names and social security numbers submitted by the Commodity Futures Trading Commission to the FPLS will be disclosed by the Office of Child Support Enforcement to the Social Security Administration for verification to ensure that the social security number provided is correct. The data disclosed by the Commodity Futures Trading Commission to the FPLS will also be disclosed by the Office of Child Support Enforcement to the Secretary of the Treasury for use in verifying claims for the advance payment of the earned income tax credit or to verify a claim of employment on a tax return. II. Compatibility of Proposed Routine Use The Commodity Futures Trading Commission is amending these routine uses in accordance with the Privacy Act (5 U.S.C. 552a(b)(3)). The Privacy Act permits the disclosure of information about individuals without their consent for a routine use where the information will be used for a purpose which is compatible with the purpose for which the information was originally collected. The Office of Management and Budget has indicated that a ``compatible use'' is a use which is necessary and proper. See OMB Guidelines, 51 FR 18982, 18985 (1986). Since the proposed uses of the data are required by Pub. L. 104-193, they are clearly necessary and proper uses, and, therefore, compatible uses under the Privacy Act. III. Effect of Proposed Changes on Individuals The CFTC will disclose information under the propose routine uses only as required by Pub. L. 104-193 and as permitted by the Privacy Act. Disclosure will be handled through the agency's personnel/payroll system provider, the National Finance Center of the Department of Agriculture. Accordingly, CFTC-5, Employee Personnel and Payroll Records, most recently published in the Federal Register on Thursday, August 21, 1997 (62 FR 44442, 44446) is amended as set forth below. * * * * * ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: a. In response to legitimate requests, this information may be provided to other federal agencies for the purpose of hiring or retaining employees, and may be provided to other prospective employers, to the extent that the information is relevant to the prospective employer's decision in the matter. b. The information may be provided to the Justice Department, the Office of Personnel Management or other federal agencies, or used by the Commission in connection with any investigation or administrative or legal proceeding involving any violation of federal law or regulation thereunder. c. Certain information will be provided, as required by law, to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services Federal Parent Locator System (FPLS) and Federal Tax Offset System to enable state jurisdictions to locate individuals and identify their income sources to establish paternity, establish and modify orders of support, and for enforcement action. d. Certain information will be provided, as required by law, to the Office of Child Support Enforcement for release to the Social Security Administration for verifying social security numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement. e. Certain information will be provided, as required by law, to the Office of Child Support Enforcement for release to the Department of Treasury for purposes of administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verifying a claim with respect to employment in a tax return. * * * * * Issued in Washington, DC, on September 16, 1997, by the Commission. Catherine D. Dixon, Assistant Secretary of the Commission. [FR Doc. 97-25067 Filed 9-19-97; 8:45 am] BILLING CODE 6351-01-P
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