[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Notices]
[Pages 49612-49613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24317]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / 
Notices  

[[Page 49612]]



DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Privacy Act of 1974: New System of Records

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice of a proposed new system of records.

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SUMMARY: The Foreign Agricultural Service (FAS) proposes to add a new 
system of records to its inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. This action is 
necessary to meet the requirements of the Privacy Act to publish in the 
Federal Register notice of the existence and character of records 
systems maintained by the agency (5 U.S.C. 552a(e)(4)).

DATES: The new system will be effective without further notice on 
September 28, 2001, except for the proposed routine uses, which will 
become effective on November 13, 2001 unless comments are received that 
would result in a contrary determination.

ADDRESSES: Send written comments to the U.S. Department of Agriculture, 
FSA/HRD/PMBAB STOP 0595, Attn: Sally Reed, 1400 Independence Avenue, 
SW., Washington, DC 20250-0595.

FOR FURTHER INFORMATION CONTACT: USDA/FSA/HRD/PMBAB at (202) 418-9000.

SUPPLEMENTARY INFORMATION: The Child Day Care Assistance Records System 
will collect family income data from FAS employees for the purpose of 
determining their eligibility for child care assistance, and the 
amounts of the assistance. It also will collect information from the 
employee's child care provider(s) for verification purposes, e.g., that 
the provider is licensed. Collection of data will be by assistance 
application forms voluntarily submitted by employees.
USDA/FAS-5

System Name:
    FAS Child Day Care Assistance Records System.

System Location:
    Paper and electronic records will be maintained by the contractor, 
Federal Employee and Education Assistance Fund, Suite 200, 8441 West 
Bowles Avenue, Littleton, CO 80123-9501; as well as the U.S. Department 
of Agriculture, Foreign Agricultural Service, Budget Division, 1400 
Independence Avenue, SW., Washington, DC 20250; and the Farm Service 
Agency, Human Resources Division, 1400 Independence Avenue, SW., 
Washington, DC 20250 (L Street location).

Categories of Individuals Covered by the System:
    (1) Present and former employees of the Foreign Agriculture Service 
who voluntarily apply for child care assistance, their spouses, and 
their children who are enrolled in a licensed child day care.
    (2) Child-care providers of these employees.

Categories of Records in the System:
    Application forms for child day care assistance which contain 
personal information, including employee (parent) name, social security 
number, pay grade, home and work numbers, addresses, total family 
income, spouse's name and social security number, spouse's employment 
information, names of children on whose behalf the employee (parent) is 
applying for assistance, each applicable child's date of birth, 
information on child care providers used (including name, address, 
provider's license number and State where issued, day care cost, and 
provider's tax identification number), amount of any other subsidies 
received, and copies of employee's and spouse's IRS Forms 1040 and 
1040A for verification purposes. Other records may include the child's 
social security number, weekly expenses, pay statements, records 
relating to direct deposits, and verification of qualification and 
administration for child care assistance.

Authority for Maintenance of the System:
    Pub. L. 106-58, section 643, and E.O. 9397.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    a. Records may be released to agency employees on a need-to-know 
basis.
    b. Relevant records relating to an individual may be disclosed to a 
congressional office in response to an inquiry from the congressional 
office made at the request of that individual.
  

  
    c. Relevant information may be disclosed to the Office of the 
President for responding to an individual pursuant to an inquiry from 
that individual or from a third party on his/her behalf.
    d. Relevant records may be disclosed to representatives of the 
National Achieves and Records Administration who are conducting records 
management inspections.
    e. Records may be disclosed in response to a request for discovery 
or for the appearance of a witness, to the extent that what is 
disclosed is relevant to the subject matter involved in a pending 
judicial or administrative proceeding.
    f. Relevant records may be disclosed to the appropriate Federal, 
State, or local agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order, where 
FAS becomes aware of an indication of a violation of potential 
violation of civil or criminal law or regulation.
    g. Relevant records may be disclosed to another Federal agency, to 
a court, or a party in litigation before a court or in an 
administrative proceeding being conducted by a Federal agency, when the 
Government is a party to the judicial or administrative proceeding. In 
those cases where the Government is not a party to the proceeding, 
relevant records may be disclosed if a subpoena has been signed by a 
judge of competent jurisdiction.
    h. Records may be disclosed to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which FAS is authorized to appear, when:
    (1) FAS, or any component thereof; or
    (2) Any employee of FAS in his or her official capacity; or
    (3) Any employee of FAS in his or her individual capacity where the

[[Page 49613]]

Department of Justice or FAS has agreed to represent the employees; or
    (4) The United States, when FAS determines that litigation is 
likely to affect FAS or any of its components, is a party to litigation 
or has an interest in such litigation, and the use of such records by 
the Department of Justice or FAS is deemed by FAS to be relevant and 
necessary to the litigation provided, however, that the disclosure is 
compatible with the purpose for which records were collected.
    i. In the event that material in this system indicates a violation 
of law, whether civil, criminal, or regulatory in nature, and whether 
arising by general statute, or by regulation, rule, or order issued 
pursuant thereto, the relevant records may be disclosed 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, rule, 
regulation, or order, issued pursuant thereto.
    j. Relevant records may be disclosed to respond to a Federal 
agency's request made in connection with the hiring or retention of an 
employee, the letting of a contract or issuance of a grant, license or 
other benefit by the requesting agency, but only to the extent that the 
information disclosed is relevant and necessary to the requesting 
agency's decision on the matter.
    k. Relevant records may be disclosed to the Office of Management or 
the General Accounting Office when the information is required for 
evaluation of the subsidy program.
    l. Records may be disclosed to a contractor, expert, consultant, 
grantee, or volunteer performing or working on a contract, service, 
grant, cooperative agreement, or job for the Federal Government 
requiring the use of these records.
    m. Relevant records may be disclosed to child care providers to 
verify a covered child's dates of attendance at the providers' 
facility.
    n. Records may be disclosed by FAS in the production of summary 
descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained, or for 
related workforce studies. While published studies do not contain 
individual identifiers, in some instances the selection of elements of 
data included in the study may be structured in such a way as to make 
the data individually identifiable by inference.
    o. Records may be disclosed to officials of the Merit Systems 
Protection Board or the Office of the Special Counsel, when requested 
in connection with appeals, special studies of the civil service and 
other merit systems, review of FAS rules and regulations, 
investigations and alleged or possible prohibited personnel practices, 
and such other functions, e.g., as promulgated in 5 U.S.C. 1205 and 
1206, or as may be authorized by law.
    p. Records may be disclosed to the Equal Employment Opportunity 
Commission when requested in connection with investigations into 
alleged or possible discrimination practices in the Federal sector, 
compliance by Federal agencies with the Uniform Guidelines on Employee 
Selection Procedures or other functions vested in the Commission and to 
otherwise ensure compliance with the provisions of 5 U.S.C. 7201.
    q. Records may be disclosed to the Federal Labor Relations 
Authority or its General Counsel when requested in connection with 
investigations of allegations of unfair labor practices or matters 
before the Federal Service Impasses Panel.
    r. Relevant records may be disclosed to the Internal Service in 
connection with tax audit and tax record administration, as well as 
suspected tax fraud.

Purpose:
    To establish and verify FAS employees' eligibility for the child 
day care assistance program in order for FAS to provide monetary 
assistance to its employees.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Information may be collected on paper or electronically and may be 
stored as paper forms or on computers.

Retrievability:
    By name; may also be cross-referenced to social security number.

Safeguards:
    When not in use by an authorized person, paper records are stored 
in locked file cabinets or secured rooms. Electronic records are 
protected by the use of passwords.

Retention and Disposal:
    These records will be maintained permanently until their official 
retention period is established by the Agency or the National Archives 
and Records Administration.

System Manager(s) and Address:
    Chief, Performance Management, Benefits and Awards Branch, FSA/HRD/
PMBAB STOP 0595, 1400 Independence Ave, SW., Washington, DC 20250-0595.

Notification Procedure:
    Individuals may submit a request on whether a system contains 
records about them to the system manager indicated. Individuals must 
furnish their full name and social security number for their records to 
be located and identified.

Record Access Procedure:
    Individuals wishing to request access to records about them should 
contact the system manager indicated. Individuals must provide their 
full name and social security number for their records to be located 
and identified. Individuals requesting access must also follow the 
USDA's Privacy Act regulations regarding verification of identity and 
access to records (7 CFR part 1, subpart G).

Contesting Record Procedure:
    Individuals wishing to request amendment of records about them 
should contact the system manager indicated. Individuals must furnish 
their full name and social security number for their records to be 
located and identified. Individuals requesting amendment must also 
follow the USDA's Privacy Act regulations regarding verification of 
identity and amendment of records (7 CFR part 1, subpart G).

Record Source Categories:
    Information is provided by FAS employees who apply for child day 
care assistance. Furnishing of the information is voluntary.

System Exempted From Certain Provisions of the Act:
    None.

    Dated: September 20, 2001.
Ann M. Veneman,
Secretary, U.S. Department of Agriculture.
[FR Doc. 01-24317 Filed 9-27-01; 8:45 am]
BILLING CODE 3410-10-M