[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Notices]
[Pages 53343-53347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27080]


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DEPARTMENT OF LABOR

Office of the Secretary


Privacy Act of 1974; Publication of a New System of Records; 
Amendments To Existing Systems of Records

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of a new system of records; amendments to existing 
systems of records.

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SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document adds a new system of records to this Department's current 
systems of records. With the addition of this new system of records, 
the Department will be maintaining 145 systems of records. This 
document also proposes to revise the Routine Uses Category for two of 
the Department's existing systems of records. The proposed routine uses 
provide additional protection to the privacy interests of the 
participants in the surveys which are being conducted by the managers 
of the relevant systems of records. Finally, various administrative 
(non-substantive) changes are being made to three of the existing 
systems of records. Two of the three systems being amended 
administratively, are the same systems which are the subject of the 
proposed revised Routine Uses Category.

DATES: Persons wishing to comment on this new system of records and on 
the proposed new Routine Uses may do so by November 24, 1997.

EFFECTIVE DATE: Unless there is a further notice in the Federal 
Register, the new system of records, and the proposed amendments to the 
two existing systems, DOL/BLS-13, and DOL/BLS-17, will become effective 
on December 8, 1997. The remaining amendments, which relate to DOL/OAW-
1, DOL/BLS-13 and DOL/BLS-17, are administrative (non-substantive), and 
therefore, will become effective on October 14, 1997.

ADDRESSES: Written comments may be mailed or delivered to Robert A. 
Shapiro, Associate Solicitor, Division of Legislation and Legal 
Counsel, 200 Constitution Avenue, NW., Room N-2428, Washington, DC 
20210.

FOR FURTHER INFORMATION CONTACT: Miriam McD. Miller, Counsel for 
Administrative Law, Office of the Solicitor, Department of Labor, 200 
Constitution Avenue, NW, Room N-2428, Washington, DC 20210, telephone 
(202) 219-8188.


[[Page 53344]]



SUPPLEMENTARY INFORMATION: Pursuant to section three of the Privacy 
Act of 1974 (5 U.S.C. 552a(e)(4)), hereinafter referred to as the 
Act, the Department hereby publishes notice of a new system of 
records currently maintained pursuant to the Act. This document 
supplements this Department's last publication in full of all of 
its Privacy Act systems of records. The document also proposes to 
amend the Routine Uses Category for two of the Department's 
existing systems of records. On September 23, 1993, in Volume 58 at 
page 49548 of the Federal Register, we published a notice 
containing 138 systems of records which were maintained under the 
Act. Subsequent publications of new systems were made on April 15, 
1994 (59 FR 18156) (two new systems); on May 10, 1995 (60 FR 24897) 
(one new system); and on June 15, 1995 (60 FR 31495) (one new 
system); and on April 7, 1997 (62 FR 16610) (one new system). The 
new system published herein will increase the total number of 
systems to 145.

    1. The new system published herein is entitled DOL/OSBP-1, Office 
of Small Business Programs, Small Entity Inquiry and Complaint Tracking 
System. It is a non-exempt system of records. The new system is being 
established in order to comply with the statutory requirements of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 
The system will enable the Department to report to the Small Business 
Administration (SBA), and to the Congress, on how it assists small 
entities in complying with Departmental regulations.
    2. The Department also hereby proposes to amend two existing 
systems of records, DOL/BLS-13, and DOL/BLS-17, which are each research 
surveys of youth, so that a revised Routine Uses Category can be 
substituted into these two systems of records. The revised Routine Uses 
Category will provide additional protection to the privacy interests of 
the participants in the surveys which are being conducted by the 
managers of each of these systems of records. This additional privacy 
protection, for the participants in the survey, is achieved by making 
several of the Universal Routine Uses, contained within the General 
Prefatory Statement, inapplicable to these two systems of records. DOL/
BLS-13 was last published on September 23, 1993 at 58 FR 49592, and 
DOL/BLS-17 was last published on April 7, 1997 at 62 FR 16612.
    3. This document makes various administrative (non-substantive) 
changes to the above discussed systems, DOL/BLS-13 and DOL/BLS-17. 
Since these administrative amendments are non-substantive, public 
comment is not required. These changes merely refine each of the 
systems.
    4. Finally, the Department is making an administrative (non-
substantive) amendment to DOL/OAW-1 at this time by transferring this 
system of records into the Employment Standards Administration, and by 
renaming it as DOL/ESA-45. This amendment is necessary because the 
Office of the American Workplace no longer exists as a component of the 
Department of Labor. The Office of Labor-Management Standards which 
created and maintains this system has been transferred into the the 
Employment Standards Administration.

Universal Routine Use

    In its September 23, 1993 publication, the Department gave notice 
of eleven paragraphs containing routine uses which apply to all of its 
systems of records, except for DOL/OASAM-5 and DOL/OASAM-7. These 
eleven paragraphs were presented in the General Prefatory Statement for 
that document, and it appeared at pages 49554-49555 of Volume 58 of the 
Federal Register. Those eleven paragraphs were republished in an April 
15, 1994 document in order to correct grammatical mistakes in the 
September 23, 1993 version. In the May 10, 1995, June 15, 1995 and 
April 7, 1997 publications, the General Prefatory Statement was 
republished as a convenience to the reader of the document. We are 
again republishing the General Prefatory Statement as a convenience to 
the reader. At this time we are making a syntactical change to 
paragraph 10.
    The public, the Office of Management and Budget (OMB), and the 
Congress are invited to submit written comments on the proposed 
amendment in this document. A report on the new system, and on the 
proposed revisions to DOL/BLS-13 and DOL/BLS-17, has been provided to 
OMB and to the Congress as required by OMB Circular A-130, Revised, and 
5 U.S.C. 552a(r). The administrative (non-substantive) amendments do 
not have to be submitted for comment to OMB and to the Congress.

 General Prefatory Statement

    The following routine uses apply to and are incorporated by 
reference into each system of records published below unless the text 
of a particular notice of a system of records indicates otherwise. 
These routine uses do not apply to DOL/OASAM-5, Rehabilitation and 
Counseling File, nor to DOL/OASAM-7, Employee Medical Records.
    1. It shall be a routine use of the records in this system of 
records to disclose them to the Department of Justice when: (a) The 
agency or any component thereof; or (b) any employee of the agency in 
his or her official capacity where the Department of Justice has agreed 
to represent the employee; or (c) the United States Government, is a 
party to litigation or has an interest in such litigation, and by 
careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records by 
the Department of Justice is therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    2. It shall be a routine use of the records in this system of 
records to disclose them in a proceeding before a court or adjudicative 
body, when: (a) The agency or any component thereof; or (b) any 
employee of the agency in his or her official capacity; or (c) any 
employee of the agency in his or her individual capacity where the 
agency has agreed to represent the employee; or (d) the United States 
Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the agency determines that the 
records are both relevant and necessary to the litigation and the use 
of such records is therefore deemed by the agency to be for a purpose 
that is compatible with the purpose for which the agency collected the 
records.
    3. When a record on its face, or in conjunction with other records, 
indicates a violation or potential violation of law, whether civil, 
criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal, or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity, 
and by careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records is 
therefore deemed by the agency to be for a purpose that is compatible 
with the purpose for which the agency collected the records.

[[Page 53345]]

    4. A record from this system of records may be disclosed to a 
Member of Congress or to a Congressional staff member in response to an 
inquiry of the Congressional office made at the written request of the 
constituent about whom the record is maintained.
    5. Records from this system of records may be disclosed to the 
National Archives and Records Administration or to the General Services 
Administration for records management inspections conducted under 44 
U.S.C. 2904 and 2906.
    6. Disclosure may be made to agency contractors, or their 
employees, consultants, grantees, or their employees, or volunteers who 
have been engaged to assist the agency in the performance of a 
contract, service, grant, cooperative agreement or other activity 
related to this system of records and who need to have access to the 
records in order to perform the activity. Recipients shall be required 
to comply with the requirements of the Privacy Act of 1974, as amended, 
5 U.S.C. 552a; see also 5 U.S.C. 552a(m).
    7. The name and current address of an individual may be disclosed 
from any system of records to the parent locator service of the 
Department of HHS or to other authorized persons defined by Public Law 
93-647 for the purpose of locating a parent who is not paying required 
child support.
    8. Disclosure may be made to any source from which information is 
requested in the course of a law enforcement or grievance 
investigation, or in the course of an investigation concerning 
retention of an employee or other personnel action, the retention of a 
security clearance, the letting of a contract, the retention of a 
grant, or the retention of any other benefit, to the extent necessary 
to identify the individual, inform the source of the purpose(s) of the 
request, and identify the type of information requested.
    9. Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the hiring or retention of an 
employee, the granting or retention of a security clearance, the 
letting of a contract, a suspension or debarment determination or the 
issuance or retention of a license, grant, or other benefit.
    10. A record from any system of records set forth below may be 
disclosed to the Office of Management and Budget in connection with the 
review of private relief legislation and the legislative coordination 
and clearance process.
    11. Disclosure may be made to a debt collection agency that the 
United States has contracted with for collection services to recover 
debts owed to the United States.

I. Publication of a New System of Records

DOL/OSBP-1

SYSTEM NAME:
    Office of Small Business Programs, Small Entity Inquiry and 
Complaint Tracking System.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    U.S. Department of Labor, Office of Small Business Programs, 
Frances Perkins Building, 200 Constitution Ave., NW, Room C-2318, 
Washington, DC 20210.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who make oral or written complaints about, or requests 
or inquiries concerning, enforcement activities under the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) of the 
U.S. Department of Labor (Department).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include the name and address of the individuals making 
complaints, requests, or inquiries concerning enforcement activities of 
the Department of Labor, and any other information under SBREFA 
necessary to respond to the complaint or request.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Subtitles A and B of The Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), Pub. L. 104-121, Title II, sec. 213, 110 
Stat. 858-859.

PURPOSES:
    Section 213 of Title II of Pub. L. 104-121 requires each agency to 
establish a program for providing informal guidance to small entities 
regulated by that agency. Section 213(c) requires the agency to report 
to Congress on ``the scope of the agency's program, the number of small 
entities using the program, and the achievements of the program to 
assist small entity compliance with agency regulations.'' The records 
in this system are maintained for the purpose of complying with the 
above statutory requirements.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    In addition to those Universal Routine Uses included in the 
Department's General Prefatory Statement, last republished in the 
Federal Register on April 7, 1997, at 62 FR 16611-16612, relevant 
records may be disclosed to the Small Business Administration (SBA).
    The records may be disclosed to the SBA in response to a referral 
from the SBA of a complaint filed against this Department by a small 
entity. The above described referrals are authorized by Subtitles A and 
B of The Small Business Regulatory Enforcement Fairness Act of 1996.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained electronically.

RETRIEVABILITY:
    Name or Control Number.

SAFEGUARDS:
    Accessed by authorized personnel only. Passwords are used for the 
data, which is electronically stored.

RETENTION AND DISPOSAL:
    Five years.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Small Business Programs, U.S, Department of 
Labor, 200 Constitution Ave., NW, Room C-2318, Washington, DC 20210.

NOTIFICATION PROCEDURES:
    Mail all inquiries or present in writing to System Manager at above 
address.

RECORD ACCESS PROCEDURES:
    A request for access shall be addressed to the system manager at 
the address listed above. Individuals must furnish the following 
information for their records to be located and identified:
    a. Name.
    b. Approximate date of the creation of the file.
    c. Individuals requesting access must also comply with the Privacy 
Act regulations regarding the verification of identity at 29 CFR 
70a.70.

CONTESTING RECORD PROCEDURES:
    A petition for amendment shall be addressed to the system manager 
and must meet the requirements of 29 CFR 70a.7.

RECORD SOURCE CATEGORIES:
    Individuals who make complaints, requests, other inquiries 
concerning enforcement activities of the Department of Labor.

[[Page 53346]]

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

II. Publication of a Proposed Amendment

    DOL/BLS-13, National Longitudinal Survey of Youth (NLSY) Database, 
is amended by revising the category for Routine Uses to read as set 
forth below. For the convenience of the reader, the entire system is 
being republished in full. At this time, the various administrative 
(non-substantive) amendments are being published as set forth below.
DOL/BLS-13

SYSTEM NAME:
    National Longitudinal Survey of Youth 1979 (NLSY79) Database.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    National Opinion Research Center (NORC), University of Chicago, 
1155 E. 60th Street, Chicago, IL 60637.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A random sample of the general population who were ages 14-21 on 
January 1, 1979, with over representation of blacks, Hispanics, poor 
whites, and persons serving in the military.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include name, Social Security Number, control number, 
marital history, education, military service, Armed Services Vocational 
Aptitude Battery scores, job history, unemployment history, training 
history, fertility/family planning, child health history, alcohol use, 
drug use, reported police contacts, assets and income, school records, 
Government assistance program participation, childhood residence, child 
development outcomes, history of mother/child relationship, time use, 
time spent on childcare and household chores, and immigration history.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 2.

PURPOSE(S):
    To serve a variety of policy-related research interests concerning 
the labor market problems of youth. Data are used for studies such as: 
Diffusion of useful information on labor, examination of employment and 
training programs, understanding labor markets, guiding military 
manpower and measuring the effect of military service, analysis of 
social indicators and measuring maternal and child inputs and outcomes.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The Bureau of Labor Statistics may release records to the National 
Opinion Research Center (NORC) and/or Ohio State University to compile 
data which are not individually identifiable for use by the general 
public and other federal agencies who are conducting labor force 
research. Under written agreements to protect the confidentiality and 
security of identifying information, BLS provides potentially-
identifying geographic information to researchers to conduct specific 
research projects which further the mission and functions of BLS. The 
records also may be disclosed where required by law. Items 3, 4, 7, 8, 
9, 10, and 11 listed in the General Prefatory Statement to this 
document are not applicable to this system of records.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Files are stored electronically and on paper.

RETRIEVABILITY:
    Name or Control Number.

SAFEGUARDS:
    Access by authorized personnel only. Computer security safeguards 
are used for electronically stored data and locked locations for paper 
files.

RETENTION AND DISPOSAL:
    Indefinite.

SYSTEM MANAGER(S) AND ADDRESS:
    Program Manager, NLS Youth 1979 Cohort Study, Office of Employment 
and Unemployment Statistics, Room 4945, Postal Square Building, 2 
Massachusetts Ave., NE, Washington, DC 20212.

NOTIFICATION PROCEDURE:
    Mail, or present in writing, all inquiries to the System Manager at 
the above address.

RECORD ACCESS PROCEDURES:
    As in notification procedure.

CONTESTING RECORD PROCEDURES:
    As in notification procedure.

RECORD SOURCE CATEGORIES:
    From individuals concerned.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

III. Publication of a Second Proposed Amendment

    DOL/BLS-17, National Longitudinal Survey of Youth 1996 (NLSY96) 
Database, is amended by revising the category for Routine Uses to read 
as set forth below. For the convenience of the reader, the entire 
system is being republished in full. At this time, the various 
administrative (non-substantive) amendments are being published as set 
forth below.
DOL/BLS-17

SYSTEM NAME:
    National Longitudinal Survey of Youth 1997 (NLSY97) Database.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    National Opinion Research Center (NORC), University of Chicago, 
1155 E. 60th Street, Chicago, IL 60637.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A random sample of the general population who were ages 12-16 on 
December 31, 1995 with over representation of disabled students.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include name, Social Security Number, control number, 
marital history, education, job history, unemployment history, military 
service, training history, fertility/family planning, child health 
history, alcohol use, drug use, reported police contacts, anti-social 
behavior, assets and income, school records, Government assistance 
program participation, childhood residence, child development outcomes, 
expectations, history of mother/child relationship, time use, time 
spent on child care, immigration history, and Armed Services Vocational 
Aptitude Battery scores.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 2.

PURPOSE(S):
    To serve a variety of policy-related research interests concerning 
the school-to-work transition and the labor market problems of youth. 
Data are used for studies such as: Diffusion of useful information on 
labor, examination of employment and training programs, understanding 
labor markets, analysis of social indicators, measuring maternal and 
child inputs and outcomes, norming the Department of Defense

[[Page 53347]]

Armed Services Vocational Aptitude Battery in its computerized adaptive 
form, and creation of norms for the Department of Defense Interest 
Measure.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The Bureau of Labor Statistics may release records to the National 
Research Center (NORC) and/or Ohio State University to compile data 
which are not individually identifiable for use by the general public 
and federal agencies who are conducting labor force research. Under 
written agreements to protect the confidentiality and security of 
identifying information, BLS provides potentially-identifying 
geographic information to researchers to conduct specific research 
projects which further the mission and functions of BLS. The records 
also may be disclosed where required by law. Items 3, 4, 7, 8, 9, 10, 
and 11 listed in the General Prefatory Statement to this document are 
not applicable to this system of records.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Files are stored electronically and on paper.

RETRIEVABILITY:
    Name or Control Number.

SAFEGUARDS:
    Access by authorized personnel only. Computer security safeguards 
are used for electronically stored data, and locked locations for paper 
files.

RETENTION AND DISPOSAL:
    Indefinite.

SYSTEM MANAGER(S) AND ADDRESS:
    Program Manager, NLS Youth 1996 Cohort Study, Office of Employment 
and Unemployment Statistics, Room 4945, Postal Square Building, 2 
Massachusetts Ave., NE., Washington, DC 20212.

NOTIFICATION PROCEDURE:
    Mail, or present in writing, all inquiries to the System Manager at 
the above address.

RECORD ACCESS PROCEDURES:
    As in notification procedure.

CONTESTING RECORD PROCEDURES:
    As in notification procedure.

RECORD SOURCE CATEGORIES:
    From individuals concerned.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

IV. Publication of an Administrative (Non-Substantive)

    DOL/OAW-1, entitled Investigative Files, a system of records 
maintained by the Office of Labor-Management Standards, is amended by 
transferring it to the Employment Standards Administrative and by 
revising its name to read as follows:
DOL/ESA-45

SYSTEM NAME:
    Investigative Files of the Office of Labor-Management Standards.
* * * * *

    Signed at Washington, DC this 2nd day of October, 1997.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 97-27080 Filed 10-10-97; 8:45 am]
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