[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Notices]
[Pages 49031-49032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24767]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Privacy Act of 1974 and Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996

AGENCY: Federal Mine Safety and Health Review 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 
Federal Mine Safety and Health Review Commission is issuing notice of 
our intent to amend the system of payroll records (FMSHRC-01) to 
include new routine uses. We invite public comment on this publication. 
In addition, we are updating our identification of the system location 
to reflect the Commission's present payroll servicing agent.

DATES: The changes will become effective as proposed, on October 1, 
1997 as required by law. Comments will be received for 30 days from the 
date of this notice, and, if changes are necessary based on the 
Commission's review of comments received, the Commission will publish a 
new final notice.

ADDRESSES: Interested individuals may comment on this publication by 
writing to Richard L. Baker, Executive Director, Federal Mine Safety 
and Health Review Commission, Suite 600, Washington, DC 20006. All 
comments received will be available for public inspection at that 
address.

FOR FURTHER INFORMATION CONTACT: Richard L. Baker, Executive Director, 
(202) 653-5625.

SUPPLEMENTARY INFORMATION:

I. Discussion of Proposed Changes to Routine Use of Systems of 
Records

    Pursuant to the Pub. L. 104-193, the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, the Federal Mine Safety 
and Health Review Commission (FMSHRC) will disclose data from its 
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 
this system was last published at 61 FR 38754, July 25, 1996.
    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 purposes of establishing 
paternity and securing support. Effective October 1, 1997, the FPLS 
will be enlarged to 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. 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 
involved in child support enforcement cases. When the Federal Case 
Registry is instituted, its files will be matched on an ongoing basis 
against the files in 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 being 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 National Finance Center of the 
United States Department of Agriculture, on behalf of the Federal Mine 
Safety and Health Review Commission 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--employees 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.
    In addition, names and social security numbers submitted by the 
Federal Mine Safety and Health Review 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 Federal Mine Safety and Health Review 
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 Uses

    We are proposing 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 which meet Privacy Act requirements.
    Finally, we are changing the system location of the Commission's 
payroll records to reflect the agency's present contractor--United 
States Department of Agriculture, National Finance Center.

III. Effect of the Proposed Changes on Individuals

    We will disclose information under the proposed routine uses only 
as required by Pub. L. 104-193 and as permitted by the Privacy Act.
    Accordingly, the payroll records system (FMSHRC-01) notice 
originally published at 49 FR 30668 (July 31, 1984) is further amended 
as set forth below.
* * * * *

System location: United States Department of Agriculture, National 
Finance Center, copies held by FMSHRC. USDA holds records for the 
Commission under inter-agency agreement.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1). 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 for use in 
locating individuals and identifying their income sources to establish 
paternity, establish and modify orders of support and for enforcement 
action.
    (2). To the Office of Child Support Enforcement for release to the 
Social Security Administration for verifying

[[Page 49032]]

social security numbers in connection with the operation of the FPLS by 
the Office of Child Support Enforcement;
    (3). To 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;
* * * * *
    Dated: September 12, 1997.
Richard L. Baker,
Executive Director, Federal Mine Safety and Health Review Commission.
[FR Doc. 97-24767 Filed 9-17-97; 8:45 am]
BILLING CODE 6735-01-P