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[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]

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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.

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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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