[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 40995-40997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17246]
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DEPARTMENT OF COMMERCE
[Docket No. 150619535-5535-01]
Privacy Act of 1974, New System of Records
AGENCY: U.S. Department of Commerce, National Institute of Standards
and Technology.
ACTION: Notice of Proposed New Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title
5 United States Code (U.S.C.) 552(e)(4) and (11); and Office of
Management and Budget (OMB) Circular A-130, Appendix 1, ``Federal
Agency Responsibilities for Maintaining Records About Individuals,''
the Department of Commerce is issuing this notice of its intent to
establish a new system of records entitled ``COMMERCE/NIST-8, Child
Care Subsidy Program Records.'' This action is being taken to update
the Privacy Act notice and Department of Commerce, Notice to Amend All
Privacy Act System of Records. We invite the public to comment on the
items noted in this publication. The purpose of this system of records
is to verify NIST employees' eligibility for child care subsidies.
DATES: To be considered, written comments must be submitted on or
before August 13, 2015.
Unless comments are received, the new system of records will become
effective as proposed on the date of publication of a subsequent notice
in the Federal Register.
ADDRESSES: You may submit written comments by any of the following
methods:
Email: [email protected]. Include ``Privacy Act COMMERCE/NIST-8,
Child Care Subsidy Program Records'' in the subtext of the message.
Fax: (301) 948-6107, marked to the attention of Essex W. Brown.
Mail: Essex W. Brown, National Institute of Standards and
Technology, 100 Bureau Drive, Gaithersburg, MD 20899, Building 101,
Room A224, (301)-975-3801.
FOR FURTHER INFORMATION CONTACT: Kaitlyn Kemp, National Institute of
Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899,
Building 101, Room A123, (301) 975-3319.
SUPPLEMENTARY INFORMATION: This notice announces the Department of
Commerce's (Department) proposal for a new system of records under the
Privacy Act of 1974 for Child Care Subsidy Program Records. The Child
Care Subsidy Program Records is a new system established to verify NIST
employees' eligibility for child care subsidies.
COMMERCE/NIST-8
SECURITY CLASSIFICATION:
None
SYSTEM NAME:
COMMERCE/NIST-8, Child Care Subsidy Program Records.
SYSTEM LOCATION:
National Institute of Standards and Technology (NIST) Child Care
Subsidy Program Manager, Office of Human Resources Management, 100
Bureau Drive, Room 1720, Gaithersburg, MD 20899.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Employees of NIST who voluntarily apply for child care subsidies.
CATEGORIES OF RECORDS IN THE SYSTEM:
Application forms for a child care subsidy may contain personal
information, including employee's name, Social Security Number, grade,
home phone number, home address, email address, total income, number of
dependent children, and number of children on whose behalf the employee
is applying for a subsidy, information on any tuition assistance
received from
[[Page 40996]]
State/County/local child care subsidy, and information on child care
providers used, including their name, address, provider license number,
and State where license issues, tuition cost, provider tax
identification number, bank routing number, bank account number, and
copies of Internal Revenue Form 1040 for verification purposes.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
40 U.S.C. 490b-1; Sec. 630 of Pub. L. 107-67 November 12, 2001; and
Executive Order 9397 as Amended by Executive Order 13478 (November 18,
2008).
PURPOSE:
To establish and verify NIST employees' eligibility for child care
subsidies in order for NIST to provide monetary assistance to its
employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. In the event that a system of records maintained by the
Department to carry out its functions indicates a violation or
potential violation of law or contract, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute or contract, or rule, regulation, or order
issued pursuant thereto, or the necessity to protect an interest of the
Department and Federal partners, the relevant records in the system of
records may be referred 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 contract, or rule or order issued
pursuant thereto, or protecting the interest of the DOC.
2. A record in this system of records may be disclosed to a Member
of Congress submitting a request involving an individual when the
individual has requested assistance from the Member with respect to the
subject matter of the record.
3. A record in this system of records may be disclosed to the
Department of Justice in connection with determining whether disclosure
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
4. A record in this system of records may be disclosed to a
contractor of the Department having need for the information in the
performance of the contract, but not operating a system of records
within the meaning of 5 U.S.C. 552a(m).
5. A record from this system of records may be disclosed to the
Administrator, General Services Administration (GSA), or his/her
designee, during an inspection of records conducted by GSA as part of
that agency's responsibility to recommend improvements in records
management practice and programs, under the authority of 44 U.S.C. 2904
and 2906. Such disclosure shall be made in accordance with the GSA
regulations governing inspection of records for this purpose, and any
other relevant (i.e. GSA or Commerce) directive. Such disclosure shall
not be used to make determinations about individuals.
6. A record from this system of records may be disclosed in the
course of presenting evidence to a court, magistrate or administrative
tribunal, including disclosures to opposing counsel in the course of
settlement negotiations.
7. A record in this system of records may be disclosed to
appropriate agencies, entities and persons when (1) it is suspected or
determined that the security or confidentiality of information in the
system of records has been compromised; (2) the Department has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
whether systems or programs (whether maintained by the Department or
another agency or entity) that rely upon the compromised information;
and (3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Department's
efforts to respond to the suspected or confirmed compromise and to
prevent, minimize, or remedy such harm.
8. A record from this system of records may be disclosed 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 a
Department decision concerning the assignment, hiring or retention of
an individual, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant or other benefit.
9. A record for this system of records may be disclosed to a
Federal, state, local, or international agency, in response to the
request, in connection with the assignment, hiring or retention of an
individual, the issuance of a security clearance, the reporting of an
investigation of an individual, the letting of a contract, or the
issuance of a 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 on the matter.
10. Disclosure may be made to the Office of Personnel Management or
the Government Accountability Office when the information is required
for evaluation of the subsidy program.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Hard copy files may be maintained in paper form and on diskettes;
additional electronic files may be kept in electronic digital media in
encrypted format within a controlled environment, and accessed only by
authorized personnel.
RETRIEVABILITY:
The records are retrieved by name and may also be cross-referenced
to Social Security Number.
SAFEGUARDS:
Paper records and disks as stored in file cabinets on secured
premises with access limited to personnel whose official duties require
access. For electronic media, the system is password protected and is
FIPS 199 (Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information and
Information Systems'') compliant. The electronic system adheres to a
Moderate security rating.
RETENTION AND DISPOSAL:
Records are disposed of in accord with the appropriate records
disposition schedule approved by the Archivist of the United States.
SYSTEM MANAGER(S) AND ADDRESSE(S):
National Institute of Standards and Technology (NIST) Child Care
Subsidy Program Manager, Office of Human Resources Management, 100
Bureau Drive, Room 1720, Gaithersburg, MD 20899.
NOTIFICATION PROCEDURE:
An individual requesting notification of existence of records on
himself or herself should send a signed, written inquiry to the
location listed below. The request letter should be clearly marked,
``PRIVACY ACT REQUEST.'' The written inquiry must be signed and
notarized or submitted with certification of identity under penalty of
perjury. Requesters should reasonably specify the record contents being
sought.
[[Page 40997]]
National Institute of Standards and Technology, Freedom of
Information and Privacy Act Officer, Room 1710, 100 Bureau Drive,
Gaithersburg, MD 20899.
RECORD ACCESS PROCEDURE:
An individual requesting access to records on himself or herself
should send a signed, written inquiry to the same address as stated in
the Notification Procedure section above. The request letter should be
clearly marked, ``PRIVACY ACT REQUEST.'' The written inquiry must be
signed and notarized or submitted with certification of identity under
penalty of perjury. Requesters should reasonably specify the record
contents being sought.
CONTESTING RECORD PROCEDURE:
An individual requesting corrections or contesting information
contained in his or her records must send a signed, written request
inquiry to the same address as stated in the Notification Procedure
section above. Requesters should reasonably identify the records,
specify the information they are contesting and state the corrective
action sought and the reasons for the correction with supporting
justification showing how the record is incomplete, untimely,
inaccurate, or irrelevant.
The Department's rules for access, for contesting contents, and for
appealing initial determination by the individual concerned appear in
15 CFR part 4.
RECORD SOURCE CATEGORIES:
Information is provided by NIST employees who apply for child care
subsidies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: July 8, 2015.
Michael J. Toland,
Acting Freedom of Information and Privacy Act Officer, Department of
Commerce.
[FR Doc. 2015-17246 Filed 7-13-15; 8:45 am]
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