Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69359

Program Support, 2–Q–16 Operations

Building, 6401 Security Boulevard,

Baltimore, MD 21235–6401. All

comments received will be available for

public inspection at this address.

FOR FURTHER INFORMATION CONTACT: The

Associate Commissioner for Program

Support as shown above.

SUPPLEMENTARY INFORMATION:

A. General

The Computer Matching and Privacy

Protection Act of 1988 (Public Law

(Pub. L.) 100–503), amended the Privacy

Act (5 U.S.C. 552a) by describing the

manner in which computer matching

involving Federal agencies could be

performed and adding certain

protections for individuals applying for

and receiving Federal benefits. Section

7201 of the Omnibus Budget

Reconciliation Act of 1990 (Pub. L. 101–

508) further amended the Privacy Act

regarding protections for such

individuals. The Privacy Act, as

amended, regulates the use of computer

matching by Federal agencies when

records in a system of records are

matched with other Federal, State, or

local government records.

It requires Federal agencies involved

in computer matching programs to:

(1) Negotiate written agreements with

the other agency or agencies

participating in the matching programs;

(2) Obtain the Data Integrity Boards’

approval of the match agreements;

(3) Furnish detailed reports about

matching programs to Congress and

OMB;

(4) Notify applicants and beneficiaries

that their records are subject to

matching; and

(5) Verify match findings before

reducing, suspending, terminating, or

denying an individual’s benefits or

payments.

B. SSA Computer Matches Subject to

the Privacy Act

We have taken action to ensure that

all of SSA’s computer matching

programs comply with the requirements

of the Privacy Act, as amended.

Dated: May 17, 2000.

Susan M. Daniels,

Deputy Commissioner for Disability and

Income Security Programs.

Notice of Computer Matching

Program, Internal Revenue Service (IRS)

with the Social Security Administration

(SSA).

A. Participating Agencies

SSA and IRS.

B. Purpose of the Matching Program

The purpose of this matching program

is to establish conditions under which

IRS agrees to disclose to SSA certain

return information for use in verifying

eligibility for, and/or the correct amount

of, benefits provided under Title XVI of

the Social Security Act to qualified

aged, blind and disabled individuals,

and federally administered

supplementary payments of the type

described in section 1616(a) of such Act

(including payments pursuant to an

agreement entered into under section

212(a) of Pub. L. 93–96, 87 Stat. 152).

C. Categories of Records and

Individuals Covered by the Matching

Program

Section 1631(e)(1)(B) of the Social

Security Act (42 U.S.C. 1383(e)(1)(B))

and section 6103(1)(7) of the Internal

Revenue Code (26 U.S.C. 6103(1)(7)).

D. Inclusive Dates of the Match

The matching program shall become

effective no sooner than 40 days after

notice for the program is sent to

Congress and OMB, or 30 days after

publication of this notice in the Federal

Register, whichever date is later. The

matching program will continue for 18

months from the effective date and may

be extended for an additional 12 months

thereafter, if certain conditions are met.

[FR Doc. 00–29281 Filed 11–15–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF STATE

[Public Notice 3474]

Privacy Act of 1974; Altered System of

Records

Notice is hereby given that the

Department of State proposes to alter an

existing system of records, STATE–31,

pursuant to the provisions of the

Privacy Act of 1974, as amended (5

U.S.C. 522a (r)), and the Office of

Management and Budget Circular No.

A–130, Appendix I. The Department’s

report was filed with the Office of

Management and Budget on November

3, 2000.

It is proposed that the current system

STATE–31 will be renamed ‘‘Human

Resources Records,’’ and due to the

expanded scope of the current system,

the altered system description will

include revisions and/or additions to all

other sections. Changes to the existing

system description are proposed in

order to reflect more accurately the

Bureau of Human Resources’ recordkeeping systems and a reorganization of

activities and operations. Also, certain

relevant records will be removed from

‘‘Biographic Register Records, STATE–

01,’’ ‘‘Board of Foreign Service Records,

STATE–03,’’ and ‘‘Personnel Travel

Records, STATE–32’’ and will become

part of STATE–31. STATE–01, STATE–

03 and STATE–32 will be deleted in the

near future.

Any persons interested in

commenting on the altered system of

records may do so by submitting

comments in writing to Margaret Peppe,

Chief; Programs and Policies Division;

Office of IRM Programs and Services; A/

RPS/IPS/PP; U.S. Department of State,

SA–2; Washington, DC 20522–6001.

This system of records will be effective

40 days from the date of publication,

unless we receive comments that will

result in a contrary determination.

The altered system description,

‘‘Human Resources Records, STATE–

31’’ will read as set forth below.

Dated: November 3, 2000.

Patrick F. Kennedy,

Assistant Secretary for the Bureau of

Administration, Department of State.

STATE–31

SYSTEM NAME:

Human Resources Records.

SECURITY CLASSIFICATION:

Classified and unclassified.

SYSTEM LOCATION:

Department of State, 2201 C Street,

NW, Washington, DC 20520; State

Annex 01, 2401 E Street, NW,

Washington, DC 29937; overseas at U.S.

embassies, U.S. consulates general, and

U.S. consulates; U.S. missions; and the

National Personnel Records Center, 111

Winnebago Street, St. Louis, MO 63118.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

All applicants for employment with

the Department of State (including

unsuccessful applicants); all current and

former Civil Service (CS) and Foreign

Service (FS) employees of the

Department of State including members

of the Senior Executive Service,

Presidential appointees, employees

under full-time, part-time, intermittent,

temporary, and limited appointments;

anyone serving in an advisory capacity

(compensated and uncompensated);

other agency employees on detail to the

Department; former Foreign Service

Reserve Officers; student applicants for

internships, Presidential Management

Interns, Foreign Affairs Fellowship

Program Fellows, student interns and

other student summer hires, Stay-inSchool student employees, and

Cooperative Education Program

participants; employees who report

intent to marry or cohabitate with a

foreign national; prospective alien

spouses of Department employees;

69360 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

employees who apply for their spouses

or children to be expeditiously

naturalized; employees detailed or

seconded to international organizations;

Foreign Service personnel separated for

cause; current and former Foreign

Service Generalists who were/are

members of class action lawsuits;

annuitants under the Foreign Service

Retirement and Disability System and

the Foreign Service Pension System as

well as civil service annuitants.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

22 U.S.C. 2581 (General Authority of

Secretary of State); 22 U.S.C. 2651a

(Organization of the Department of

State); 22 U.S.C. 3901 et seq. (Foreign

Service Act of 1980); 22 U.S.C. 3921

(Management of the Foreign Service); 22

U.S.C. 4041 (Administration of the

Foreign Service Retirement and

Disability System); 5 U.S.C. 301–302

(Management of the Department of

State); Executive Order 9397

(Numbering System for Federal

Accounts Relating to Individual

Persons); Executive Order 9830

(Amending the Civil Service Rules and

Providing for Federal Personnel

Administration); and Executive Order

12107 (Relating to the Civil Service

Commission and Labor-Management in

the Federal Service) and successor

authorities.

PURPOSES:

The Official Personnel File and other

general personnel records files are the

official repository of the records, reports

of personnel actions, and the documents

and papers required in connection with

personnel actions effected during an

employee’s Federal service. The

information and documents collected

and maintained in this system are in

keeping with the Bureau of Human

Resources’ mission to determine the size

and configuration of the Department

workforce in order to meet its goals of

defending national security and

promoting national interests; to

document all processes associated with

individual employment histories and

career progression; to ensure that all

employees and potential employees

have equal opportunities and to make

personnel management determinations

about employees throughout their

Federal careers.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records are kept in different offices

within the Department according to the

status of the employee and/or the action

being taken. Most records are retained

in the Bureau of Human Resources,

however, some records are held by

Bureaus with partial or fully delegated

personnel authority for certain

personnel functions. Eventually, the

records may be merged, retired or

disposed of. All categories of records

may include identifying information,

such as, but not limited to, name, date

of birth, home address, mailing and email address, social security number

and home telephone number. The

primary record files are the official

personnel files; merit promotion files;

recruitment and employment files;

employee relations files; technician

files; career development and

counseling files; performance files;

conduct, suitability, and discipline files;

Foreign Service promotion files; and

retirement and annuitant files; which

may contain any of the following

documents and various related

documents not otherwise stated:

applications for Federal employment;

resumes; biographic information;

college transcripts; crediting plans;

panel rating and summary sheets; rank

order list of candidates and Merit

Promotion certificates of those eligible;

fingerprint charts; security clearance

forms and related correspondence;

requests for personnel action and other

related forms required for entry on duty

such as health and life insurance and

other benefits; questionnaires for

National Security positions;

correspondence documenting eligibility

for priority consideration and/or

placement and related documents; preappointment certification statements for

Selective Service registration;

appointment affidavits; Declarations of

Appointee; Declarations of Federal

Employment; Employment Eligibility

Verifications; letters of appointment

offer; employment confirmation letters;

Statements of Understanding

(employee-signed agreement to

conditions of employment); official

personnel actions, e.g., assignment, pay,

promotion, leave and/or travel; Foreign

Service written and oral examination

results; language proficiency ratings;

reports of other processes that impact

the status of an employee, e.g.,

investigations of the Office of the

Inspector General; documents related to

issues raised in lawsuits; counseling

messages; correspondence with parties

to litigation including class actions, or

their attorneys; documents regarding

awarding of monetary, promotion,

award or assignment relief under

consent decrees, settlements,

agreements, or court orders; Department

letters regarding separation for cause

and responses by individuals;

transcripts of hearings;

recommendations of hearing officers;

documents related to potential and/or

formal disciplinary actions such as

reports of investigation from the Office

of the Inspector General and/or the

Bureau of Diplomatic Security, warning

letters, reprimands, proposal letters,

employee’s written responses, summary

of the employee’s oral response, and

decision letters imposing disciplinary

action; performance evaluations and

related correspondence; career

development and counseling records

including training and assignment

records; bid lists; requests for and

notifications of changes in tours of duty

and home leave eligibility; grievance

files; requests for medical clearance;

medical clearance waivers and medical

clearances; processing records and card

files; promotion, upward mobility, and

conversion files (Mustang and lateral

entry programs); retirement

applications; forms and documents

related to benefits under the Federal

Employees Compensation Act;

documents pertaining to disabled

employees; designated beneficiary

information and estimated annuity

calculations; records of health and life

insurance enrollments for annuitants

and current and former spouses;

annuitant and external placement files;

title and rank documents; Presidential

Commission records; Foreign Service

Residence and Dependency Reports;

separate maintenance allowance forms;

applications for marriage to foreign

nationals and notices of intent of

Foreign Service employees; service

record cards; Personal Audit Reports

and abstracts; and forms and

correspondence relating to Foreign

Service allowances.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

The information in the Human

Resources Records may be used:

• By Department personnel in the

performance of their official duties

including, but not limited to,

recruitment, position classification,

appointments, assignments,

performance management/appraisal and

compensation, evaluations and

promotions, awards, training, staffing,

counseling, disciplinary or adverse

actions, grievances, litigation, travel

orders and operations of the automated

personnel/payroll and Foreign Service

annuitant systems;

• To provide the names of those

Foreign Service employees who are

proposed for tenure, promotion or

assignment requiring special action to

the Bureau of Diplomatic Security, the

Office of the Inspector General, and the

Office of Employee Relations in the

Bureau of Human Resources for review

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69361

and eventual submission to the Director

General of the Foreign Service;

• To track security clearances for

applicants;

• To provide personnel trends and

demographics for resource management

and analysis;

• To administer the Department’s

disciplinary program for both Civil

Service and Foreign Service employees

as well as the programs for expeditious

naturalization and marriage to and

cohabitation with foreign nationals;

• To examine employee complaints

regarding the validity of specific

documents in their files;

• By consulting services who provide

information about available aids,

devices and methods of accommodating

employees with disabilities;

• To exchange information with the

Office of Personnel Management for its

government-wide personnel

management functions such as pay,

benefits, and retirement deductions;

• To provide information to other

Federal agencies, state governments,

foreign governments and international

organizations where employees are

being considered for detail, assignment

or secondment;

• To provide information to academic

institutions to which Department

employees may be assigned for longterm training;

• To disclose information to any

member of an agency’s Performance

Review Board or other panel when the

member is not an official of the

employing agency; information would

then be used for approving or

recommending selection of candidates

for executive development or SES

candidate programs, issuing a

performance rating of record, issuing

performance awards, nominating for

meritorious and distinguished executive

ranks, and removal, reduction-in-grade,

and other personnel actions based on

performance;

• By attorneys, union representatives

or other persons designated by

employees in writing to represent them

in complaints, grievance, appeal, or

litigation cases;

• To respond to requests in

determining a former spouse’s

entitlement to benefits and other

inquiries related to retirement benefits;

• By the President of the United

States, the Executive Office of the

President and legislative and

appropriations committees of the U.S.

Congress charged with consideration of

legislation and appropriations for the

Foreign Service, or representatives duly

authorized by such committees;

• By labor organization officials when

such information is relevant to

personnel policies affecting

employment conditions and necessary

for exclusive representation by the labor

organization;

• To disclose information to officials

of foreign governments and other U.S.

government agencies for clearance

before a Federal employee is assigned to

that country as well as for the

procurement of necessary services for

American personnel assigned overseas,

such as permits of free entry and

identity cards;

• To disclose information to the

Department of Labor, Department of

Veterans Affairs, Social Security

Administration, Department of Defense,

or any other Federal agencies that have

special civilian employee retirement

and disability programs; or to a national,

state, county, municipal, or other

publicly recognized charitable or

income security, administration agency

(e.g., State unemployment

compensation agencies), when

necessary to adjudicate a claim under

the retirement, insurance,

unemployment or health benefits

programs of the Department or an

agency cited above, or to an agency to

conduct an analytical study or audit of

benefits being paid under such

programs;

• To disclose to the Office of Federal

Employees Group Life Insurance,

information necessary to verify election,

declination, or waiver of regular and/or

optional life insurance coverage, or

eligibility for payment of a claim for life

insurance;

• To disclose, to health insurance

carriers contracting with the Federal

government to provide a health benefits

plan under the Federal Employees

Health Benefits Program, information

necessary to identify enrollment in a

plan, to verify eligibility for payment of

a claim for health benefits, or to carry

out the coordination or audit of benefit

provisions of such contracts;

• When an individual to whom a

record pertains is mentally incompetent

or under other legal disability,

information in the individual’s record

may be disclosed to any person who is

responsible for the care of the

individual, to the extent necessary to

assure payment of benefits to which the

individual is entitled;

• To consider and select employees

for incentive awards and other honors

and to publicize those granted—this

may include disclosure to other public

and private organizations, including

news media, which grant or publicize

employee recognition;

• To disclose information to the

Inspector General in conducting an

official investigation of the Department

or any of its personnel;

• By the subject of the record to

review his/her career status and

progress;

• To disclose information to the

Department of Justice or in connection

with proceedings before a court,

adjudicative body, or other

administrative body when:

(1) The agency, or any component

thereof; or

(2) Any employee of the agency in his

or her official capacity; or

(3) 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

(4) The United States, when the

agency determines that litigation is

likely to affect the agency or any of its

components; is a party to litigation or

has an interest in such litigation, and

the Department of State determines that

the use of such records is arguably

relevant and necessary to the litigation;

• To implement court decisions and/

or terms of settlement agreements

reached by the parties;

• To prepare reports to the courts in

compliance with monitoring

requirements;

• In response to an order from a court

or an administrative body (including,

but not limited to the Equal

Employment Opportunity Commission,

the Foreign Service Grievance Board

and the Merit Systems Protection Board)

directing the production of personnel

records;

• By other government agencies and

private organizations, institutions or

individuals to verify employment, to

process security clearances and to

request record or credit checks;

• To provide an official of another

Federal agency information needed in

the performance of official duties in

support of the functions for which the

records were collected and maintained;

• To disclose information to Equal

Employment Opportunity (EEO)

counselors and EEO investigators in

connection with EEO complaints and to

the Equal Employment Opportunity

Commission when requested in

connection with investigations of

alleged or possible discrimination

practices in the Federal sector,

examination of Federal affirmative

employment programs, compliance by

Federal agencies with the Uniform

Guidelines on Employee Selection

Procedures, or other functions vested in

the Commission;

• By the Department of Labor’s Office

of Workers’ Compensation programs

relating to benefits under the Federal

Employees Compensation Act; and

69362 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

• To disclose information to the news

media and the public when (1) a matter

involving the Department of State has

become public knowledge, (2) the Under

Secretary for Management determines

that in response to the matter in the

public domain, disclosure is necessary

to provide an accurate factual record on

the matter, and (3) the Under Secretary

determines that there exists a legitimate

public interest in the information

disclosed.

Also see the ‘‘Routine Uses’’

paragraph of the Prefatory Statement

published in the Federal Register.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Electronic media and hard copy.

RETRIEVABILITY:

By individual name, social security

number.

SAFEGUARDS:

All employees of the Department of

State have undergone background

investigations. Access to the Department

and its annexes is controlled by security

guards and admission is limited to those

individuals possessing a valid

identification card or individuals under

proper escort. All records containing

personal information are maintained in

secured file cabinets or in restricted

areas, access to which is limited to

authorized personnel. Access to

computerized files is passwordprotected and under the direct

supervision of the system manager. The

system manager has the capability of

printing audit trails of access from the

computer media, thereby permitting

regular and ad hoc monitoring of

computer usage.

RETENTION AND DISPOSAL:

These records will be maintained

until they become inactive at which

time they will be retired or destroyed in

accordance with published records

schedules of the Department of State

and as approved by the National

Archives and Records Administration.

More specified information may be

obtained by writing to the Director,

Office of IRM Programs and Services;

A/RPS/IPS; U.S. Department of State,

SA–2; Washington, DC 20522–6001.

SYSTEM MANAGER(S) AND ADDRESS:

The Director General of the Foreign

Service and Director of Human

Resources; Department of State; 2201 C

Street, NW; Washington, DC 20520.

NOTIFICATION PROCEDURES:

Individuals who have reason to

believe that the Bureau of Human

Resources might have records pertaining

to themselves should write to the

Director, Office of IRM Programs and

Services (address above). The individual

must specify that he/she wishes the

Human Resources Records to be

checked. At a minimum, the individuals

must include: name; date and place of

birth; approximate dates of employment

with the Department of State or when in

process for a potential appointment;

current mailing address and zip code;

signature and preferably, his/her social

security number.

RECORD ACCESS AND AMENDMENT PROCEDURES:

Individuals who wish to gain access

to or amend records pertaining to

themselves should write to the Director,

Office of IRM Programs and Services

(address above).

RECORD SOURCE CATEGORIES:

These records contain information

obtained directly from the individual

who is the subject of these records,

previous employers, supervisors,

Foreign Service inspectors, any/all

offices within the Bureau of Human

Resources (counselors, placement

officers, and personnel technicians),

other bureaus (administrative/executive

officers, personnel and payroll offices,

security, medical, and legal), reports of

the Board of Examiners of the Foreign

Service, Foreign Service Employee

Evaluation Reports and Selection Board

findings, the Foreign Service Institute,

colleges, universities, Armed Forces

academic institutions, contractors

responsible for administration of the

Foreign Service written examination,

and other authorized agencies

administering pre-employment tests,

Office of Personnel Management and

other federal agencies, prospective alien

spouses of Foreign Service employees;

grievance staff and appeals boards,

affidavits and testimony of witnesses.

System exempted from certain provisions

of the Privacy Act:

Pursuant to 5 U.S.C. 552a(k)(4),

records contained within this system

that are maintained solely for statistical

purposes are exempted from 5 U.S.C.

552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and

(I), and (f). Pursuant to 5 U.S.C. 552a

(k)(5) and (k)(7), certain records

contained within this system contain

confidential source information and are

exempted from 5 U.S.C. 552a (c)(3), (d),

(e)(1), (e)(4)(G), (H) and (I), and (f).

Pursuant to 5 U.S.C. 552a (k)(6), records

that contain testing or examination

material the release of which may

compromise testing or examination

procedures are also exempted from 5

U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G),

(H) and (I), and (f). See Department of

State Rules published in the Federal

Register.

[FR Doc. 00–29246 Filed 11–15–00; 8:45 am]

BILLING CODE 4710–24–U

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. 301–120]

Initiation of Section 302 Investigation

and Request for Public Comment:

Wheat Trading Practices of the

Canadian Wheat Board

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of initiation of

investigation and request for comments.

SUMMARY: The United States Trade

Representative (USTR) has initiated an

investigation under Chapter 1 of Title III

of the Trade Act of 1974 with respect to

the wheat trading practices of the

Canadian Wheat Board. The USTR

invites written comments from the

public on the matters being investigated,

the methods to be used to conduct the

investigation, and the determinations to

be made pursuant to the investigation.

DATES: This investigation was initiated

on October 23, 2000. Written comments

from the public are due on or before

noon on Wednesday, December 20,

2000.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street

NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Sharon Bomer Lauritsen, Director of

Agricultural Affairs, (202) 395–6127, or

William Busis, Associate General

Counsel, (202) 395–3150. For

information concerning procedures for

submitting public comments, please

contact Sybia Harrison, Staff Assistant

to the Section 301 Committee, (202)

395–3419.

SUPPLEMENTARY INFORMATION:

The Allegations in the Petition

On September 8, 2000, the North

Dakota Wheat Commission filed a

petition pursuant to section 302(a) of

the Trade Act of 1974, as amended (the

Trade Act) (19 U.S.C. 2412(a)), alleging

that certain wheat trading practices of

the Government of Canada and the

Canadian Wheat Board (CWB) are

unreasonable, and that such practices

burden or restrict U.S. commerce. The