Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices 63341

FEDERAL MARITIME COMMISSION

Privacy Act of 1974 and Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996

AGENCY: Federal Maritime 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

Federal Maritime Commission is issuing

notice of our intent to amend the system

of payroll records (FMC–21) 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 December 29, 1997. Effective

Date: The proposed amendment will

become effective January 7, 1998 unless

comments dictate otherwise.

ADDRESSES: Comments may be

addressed to Joseph C. Polking,

Secretary, Federal Maritime

Commission, 800 North Capitol Street,

N.W., Washington, DC 20573–0001. All

comments received will be available for

public inspection at that address.

FOR FURTHER INFORMATION CONTACT:

Joseph C. Polking, Secretary, Federal

Maritime Commission (202) 523–5725.

SUPPLEMENTARY INFORMATION:

I. Discussion of Proposed Changes To

Routine Use of System of Records

Pursuant to Pub.L. 104–193, the

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(‘‘the Act’’), the Federal Maritime

Commission (‘‘FMC’’) will disclose data

from its Payroll Records System of

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 Service

(FPLS) and Federal Tax Offset System,

DHHS/OCSE No. 09–90–0074. A

description of the Federal Parent

Locator Service may be found at 62 FR

51663 (October 2, 1997).

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

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 Office

of Thrift Supervision (‘‘OTS’’), U.S.

Department of Treasury, on behalf of the

FMC to the FPLS include wages earned

and income taxes to be paid both state

and federal, and the following data

elements relating to the employee—

employee’s name and social security

number, date and state of hire, date of

birth, address; and the following data

elements relating to the Commission:

Federal EIN (employer identification

number), employer name and address.

The data to be disclosed by OTS on

behalf of the FMC 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 OTS on behalf

of the FMC 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

Uses

The Federal Maritime 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

had 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 requirements.

III. Effect of Proposed Changes on

Individuals

The FMC will disclose information

under the proposed 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

Office of Thrift Supervision.

Accordingly, FMC–21, Payroll

Records, most recently amended in the

Federal Register on February 2, 1994

(59 FR 6643), is further amended to

revise the routine uses description to

read as follows.

* * * * *

Routine Uses of Records Maintained in

the System, Including Categories of

Users and the Purposes of Such Uses

In the event that a system of records

maintained by this agency to carry out

its functions indicates a violation or

potential violation of law, whether civil,

criminal or regulatory in nature, and

whether arising by general statute or

particular program state, or by

regulation, rule or order issued pursuant

thereto, the relevant records in the

system of records may be referred, as a

‘‘routine use,’’ to the appropriate

agency, whether Federal, State, local or

foreign, charged with the responsibility

of investigating or prosecuting such

violation or charged with enforcing or

implementing the statute, or rule,

regulation or order issued pursuant

thereto.

A record from this system of records

may be disclosed as a ‘‘routine use’’:

1. To a Federal, State or local agency

maintaining civil, criminal or other

relevant enforcement information or

other pertinent information, such as

current licenses, if necessary, to obtain

information relevant to an agency

decision concerning the hiring or

retention of any employee, the issuance

of a security clearance, the letting of a

contract or the issuance of a license

grant or other benefit.
63342 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices

2. To a Federal agency, in response to

its request, in connection with the

hiring or retention of an employee, the

issuance of a security clearance, the

reporting of an investigation of an

employee, the letting of a contract, or

the issuance of license, grant or other

benefit by the requesting agency, to the

extent that the information is relevant

and necessary to the requesting agency’s

decision in the matter.

3. To the Office of Child Support

Enforcement, Administration for

Children and Families, Department of

Health and Human Services Federal

Parent Locator Service (FPLS) and

Federal Tax Offset System for use in

locating individuals and identifying

their income sources to establish

paternity, establish and modify orders of

support and for enforcement action.

4. 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.

5. 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.

6. To an authorized appeal grievance

examiner, formal complaints examiner,

equal employment opportunity

investigator, arbitrator or other duly

authorized official engaged in

investigation or settlement of a

grievance, complaint, or appeal filed by

an employee. A record from this system

of records may be disclosed to the Office

of Personnel Management in accordance

with the agency’s responsibility for

evaluation and oversight of Federal

personnel management.

7. To officers and employees of a

Federal agency for purposes of audit.

8. To a Member of Congress or to a

congressional staff member in response

to an inquiry of the congressional office

made at the request of the individual

about whom the record is maintained.

9. To officers and employees of the

Office of Thrift Supervision in

connection with administrative services

provided to this agency under

agreement with OTS.

10. To GAO for audit; to the Internal

Revenue Service for investigation; and

to private attorneys, pursuant to a power

of attorney.

A copy of an employee’s Department

of the Treasury Form W–2, Wage and

Tax Statement, also is disclosed to the

state, city, or other local jurisdiction

which is authorized to tax the

employee’s compensation. The record

will be provided in accordance with a

withholding agreement between the

state, city or other local jurisdiction and

the Department of the Treasury

pursuant to 5 U.S.C. 5516, 5517, and

5520, or, in the absence thereof, in

response to a written request from an

appropriate official of the taxing

jurisdiction to the Secretary, Federal

Maritime Commission, 800 North

Capitol Street, N.W., Washington, DC

20573–0001. The request must include

a copy of the applicable statute or

ordinance authorizing the taxation of

compensation and should indicate

whether the authority of the jurisdiction

to tax the employee is based on place of

residence, place of employment, or

both. Pursuant to a withholding

agreement between a city and the

Department of the Treasury (5 U.S.C.

5520), copies of executed city tax

withholding certificates shall be

furnished to the city in response to

written request from an appropriate city

official to the Secretary at the above

address.

In the absence of a withholding

agreement, the Social Security Number

will be furnished only to a taxing

jurisdiction which has furnished this

agency with evidence of its independent

authority to compel disclosure of the

Social Security Number, in accordance

with section 7 of the Privacy Act, Pub.

L. 93–579.

* * * * *

Dated: November 24, 1997.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 97–31257 Filed 11–26–97; 8:45 am]

BILLING CODE 6730–01–P

FEDERAL MEDIATION AND

CONCILIATION SERVICE

Proposed Agency Information

Collection Activities; Comment

Request

AGENCY: Federal Mediation and

Conciliation Service (FMCS).

ACTION: Notice.

SUMMARY: The Federal Mediation and

Conciliation Service (FMCS) announces

an opportunity for public comment on

the proposed extension of its collection

of information by Form F–53, Federal

Sector Labor Relations: Notice to

Federal Mediation and Conciliation

Service, OMB No. 3076–0005. Pursuant

to the Paperwork Reduction Act of 1995,

44 U.S.C. 3501 et seq., agencies are

required to publish notice in the

Federal Register regarding each

proposed collection of information,

including a proposed extension of an

existing collection of information, and

to allow 60 days for public comment in

response to the notice. This notice

solicits public comment on the

extension for three (3) years of a existing

collection of information relating to

federal sector labor-management

relations. No revisions or modifications

of Form F–53 are contemplated. Form

F–53 is scheduled to expire on

November 30, 1997; however, OMB has

granted the agency a short-term

extension until February 19, 1998.

DATES: Comments should be submitted

on or before January 27, 1998.

ADDRESSES: Written comments may be

submitted by mail to: Office of the

General Counsel, Federal Mediation and

Conciliation Service, 2100 K Street,

N.W., Washington, D.C., ATTN: Tammi

Strozier. Comments may also be

submitted by fax to (202) 606–5345,

ATTN: Tammi Strozier. All written or

faxed comments should bear the

notation: Comments on Form F–53. A

record has been established for this

action. All submitted comments will be

available for public inspection in Room

600, 2100 K Street, N.W., Washington,

D.C. 20427, from 8:30 a.m. to 4:30 p.m.,

Monday through Friday, except on

federal holidays.

FOR FURTHER INFORMATION CONTACT:

General Counsel Elizabeth G. Watson,

ATTN: Diane R. Liff, Special Counsel,

Federal Mediation and Conciliation

Service, (202) 606–3747; fax: (202) 606–

5345; e-mail: drliff@fmcs.gov.

SUPPLEMENTARY INFORMATION: Copies of

Form F–53 are available from the Office

of General Counsel, Federal Mediation

and Conciliation Service, 2100 K Street,

N.W., Washington, D.C., 20427.

Pursuant to 5 U.S.C. 7119(a) and

related implementing regulations, 29

CFR Part 1425, the Federal Mediation

and Conciliation Service (FMCS)

provides services and assistance to

federal agencies and to the labor unions

that represent agencies’ employees in

matters involving contract expiration or

reopener negotiations, as well as midterm or impact and implementation

bargaining disputes. In addition, FMCS

provides grievance mediation services

to agencies and employee unions that

jointly request it. Form F–53, Federal

Sector Labor Relations: Notice to

Federal Mediation and Conciliation

Service, OMB No. 3076–0005, is a

voluntary, one-page, collection of

information submitted by federal

agencies and labor unions to notify

FMCS that such assistance is requested.

Form F–53 permits FMCS to gather the