1728 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

If additional information is required, 

contact Jerri Murray, Department 

Clearance Officer, U.S. Department of 

Justice, Justice Management Division, 

Policy and Planning Staff, 145 N Street 

NE., Room 2E–508, Washington, DC 

20530. 

Jerri Murray, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. 2012–294 Filed 1–10–12; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Privacy Act of 1974; Publication of Five 

New Systems of Records; 

Amendments to Five Existing Systems 

of Records 

AGENCY: Office of the Secretary, Labor. 

ACTION: Notice of five new systems of 

records; amendments to five existing 

systems of records; and amendments to 

one universal routine use. 

SUMMARY: The Privacy Act of 1974 

requires that each agency publish notice 

of all of the systems of records that it 

maintains. This document proposes to 

add five new systems of records to the 

current systems of records of the 

Department of Labor (Department or 

DOL). With the addition of these five 

systems of records, the Department will 

be maintaining 153 systems of records. 

The Department also proposes to amend 

five existing systems of records and one 

universal routine use. The five proposed 

revised systems of records include 

changes to their routine uses and to the 

various system categories, some of 

which are updates to names and 

locations and stylistic changes. Major 

changes are summarized in the 

introductory portion of the 

Supplementary Information section. 

DATES: Persons wishing to comment on 

these five new systems of records, the 

proposed amendments to five existing 

systems of records, and the amendments 

to one universal routine use may do so 

on or before February 21, 2012. 

DATES: Effective Date: Unless there is a 

further notice in the Federal Register, 

these five new systems of records, the 

five revised systems of records with 

their amendments, and the one 

universal routine use with amendments, 

will become effective on March 6, 2012. 

ADDRESSES: Written comments may be 

mailed or delivered to William W. 

Thompson, II, Associate Solicitor, 

Division of Management & 

Administrative Legal Services, 200 

Constitution Avenue NW., Room N– 

2428, Washington, DC 20210 or by 

email to plick.joseph@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joseph J. Plick, Counsel for FOIA/ 

FACA/Privacy Act, Office of the 

Solicitor, Department of Labor, 200 

Constitution Avenue NW., Room N– 

2428, Washington, DC 20210, telephone 

(202) 693–5527. 

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 five new 

systems of records currently maintained 

pursuant to the Act. On April 8, 2002, 

in Volume 67 at Page 16816 of the 

Federal Register, the Department 

published a notice of 147 systems of 

records that are maintained under the 

Act. On February 6, 2003, at 68 FR 6185, 

a new system of records was published 

on behalf of the Office of the 21st 

Century Workforce, entitled DOL/21st 

CENTURY–1, Correspondents With the 

Office of the 21st Century Workforce. On 

September 15, 2003, at volume 68 FR 

54012, the Department amended two 

existing systems of records. 

This current document presents five 

new systems of records, bringing the 

Department’s total number of systems of 

records to 153. This notice first provides 

a summary of the five new and five 

amended systems of records, as well as 

the one amended universal routine use, 

and then provides the universal routine 

uses applicable to all systems of records, 

including the amended universal 

routine use, followed by the text of each 

of the new and amended systems of 

records. 

1. The first new system is entitled, 

DOL/CENTRAL–1, Correspondents With 

the Department of Labor. This system is 

identified by a new naming convention, 

‘‘CENTRAL,’’ that DOL has established 

for systems that affect the entire 

Department as opposed to a specific 

agency within the Department. This 

system contains comments by or 

requests from individuals and 

information necessary to satisfy requests 

for information, brochures, requests to 

subscribe to message boards, to use Web 

site based programs, and requests for 

compliance assistance. It includes 

information received from callers to the 

Department’s call centers. Depending on 

the nature of the request by the 

correspondent or caller, the file may 

include (but is not limited to) the 

following information regarding 

individuals who have contacted the 

Department: Name, title, mailing 

address, telephone and fax number, 

email address, area of interest(s) and 

other information necessary to satisfy a 

request. This system will cover 

information maintained by all 

components of the Department. 

2. The second new system is entitled 

DOL/CENTRAL–2, Registrants for 

Department of Labor Events and 

Activities. This system is identified by 

a new naming convention, ‘‘CENTRAL,’’ 

that DOL has established for systems 

that affect the entire Department as 

opposed to a specific agency within the 

Department. This system contains 

written, telephonic, and online requests 

to register for Department conferences, 

events, activities, seminars, special 

interest Web sites, and programs, 

including requests for special 

accommodations and meal preferences. 

The file may include (but is not limited 

to) the following information regarding 

individuals who have contacted the 

Department: name, title, mailing 

address, telephone and fax number, 

email address, and requests for special 

accommodations. This system will 

cover information maintained by all 

components of the Department. 

3. The third new system is entitled 

DOL/CENTRAL–3, Internal 

Investigations of Harassing Conduct. 

This system is identified by a new 

naming convention, ‘‘CENTRAL,’’ that 

DOL has established for systems that 

affect the entire Department as opposed 

to a specific agency within the 

Department. This system of records is 

maintained by the Office of the 

Secretary, and it is for the purpose of 

conducting internal investigations into 

allegations of harassment brought 

against Department employees, former 

Department employees, Department 

interns, or other such agents of the 

Department, and for taking appropriate 

action in accordance with the 

Department’s policy to prevent 

harassing conduct in the workplace. 

This is an exempt system of records; a 

separate notice will be published 

regarding the exempt status of this 

system of records. 

4. The fourth new system is entitled 

DOL/ESA–52, Wage-Hour Financial 

Accounting System (WFAS). This 

system of records, maintained by and 

for the Wage-Hour Division, contains 

records of persons or entities who 

receive or who owe a payment for back 

wages as a result of the enforcement of 

the Fair Labor Standards Act. These 

persons and entities are listed in the 

Back Wage Disbursement and Collection 

System. A second category of records 

includes employers who owe a debt to 

the Government for violating one or 

more of the laws enforced by the WageHour Division. These employers are 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1729 

listed in the Civil Money Penalty 

System. 

Note: The Employment Standards 

Administration (ESA) was dissolved on 

November 8, 2009. ESA’s four sub-agencies: 

the Office of Federal Contract Compliance 

Programs, the Office of Labor Management 

Standards, the Wage and Hour Division, and 

the Office of Workers’ Compensation 

Programs are now independent agencies that 

report directly to the Secretary of Labor. For 

the present time DOL is retaining the 

nomenclature identifying system of records 

notices of the four former ESA sub-agencies 

with the heading DOL/ESA. Looking forward, 

DOL intends to do a comprehensive review 

and republication of all DOL systems of 

records. As part of that republication, DOL 

will retire the use of ‘‘ESA’’ in the systems 

of records titles. 

5. The fifth new system is entitled 

DOL/ETA–28, Senior Community 

Service Employment Program 

Information Files. This system is a new 

management information system 

designed to facilitate the uniform 

compilation and analysis of 

programmatic data necessary for 

reporting, monitoring, and evaluation 

purposes. 

6. The Department proposes to amend 

an existing system of records, DOL/ 

OSHA–1, Discrimination Complaint 

File, by renaming the system Retaliation 

Complaint File; by amending the 

‘‘Authority’’ category; and by amending 

the ‘‘Routine uses’’ category. These 

amendments are needed so that nine 

additional whistleblower protection 

statutes can be added to this existing 

system of records. These are the 

Pipeline Safety Improvement Act of 

2002 (PSIA); the Corporate and Criminal 

Fraud Accountability Act of 2002, Title 

VIII of the Sarbanes-Oxley Act (SOX); 

the Federal Railroad Safety Act (FRSA), 

as amended by the Implementing 

Recommendations of the 9/11 

Commission Act of 2007; the National 

Transit Systems Security Act of 2007 

(NTSSA); the Consumer Product Safety 

Improvement Act of 2008 (CPSIA); The 

Affordable Care Act; the Consumer 

Financial Protection Act of 2010 

(CFPA), Section 1057 of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act of 2010; the Seaman’s 

Protection Act (SPA); and the FDA Food 

Safety Modernization Act (FSMA). Each 

of these statutes includes whistleblower 

protections for employees who provide 

evidence of violations of law by their 

employers. In addition, a number of the 

routine uses have been consolidated and 

a routine use has been added so that 

appropriate investigatory records can be 

disclosed to law enforcement entities. 

The additions to the category for 

‘‘Routine uses’’ cannot be made 

administratively since the Privacy Act at 

5 U.S.C. 552a(e)(4)(11) requires that 

comment be allowed for any new 

routine use. Amendments to several 

other categories are proposed in order to 

describe the system more accurately. 

7. The Department proposes to amend 

DOL/OCFO–1, Attendance, Leave, and 

Payroll File, by revising the categories 

for ‘‘System location,’’ ‘‘Categories of 

individuals covered by the system,’’ 

‘‘Categories of records in the system,’’ 

‘‘Routine uses,’’ ‘‘Retention,’’ and 

‘‘System manager’’ as well as minor 

changes to the other categories to read 

as set forth below. The new routine use 

will cover disclosure of records to the 

payroll provider for the Department, 

which is currently the U.S. Department 

of Agriculture’s National Finance 

Center, in order to effect all financial 

transactions on behalf of the Department 

related to employee pay. 

8. The Department proposes to amend 

DOL/GOVT–1, Office of Workers’ 

Compensation Programs, Federal 

Employees’ Compensation Act File, by 

adding an additional routine use. The 

new routine use will permit the 

Department to disclose information to 

the National Institutes for Occupational 

Safety and Health for the purpose of 

performing statistical analyses of injury 

and illness patterns. These statistical 

analyses will assist the Department’s 

Office of Workers’ Compensation 

Programs and the Occupational Safety 

and Health Administration in their 

respective missions. 

9. The Department proposes to amend 

DOL/ETA–7, Employer Application and 

Attestation File for Permanent and 

Temporary Alien Workers, by revising 

the ‘‘Categories of individuals covered 

by the system’’ to more accurately 

describe that the only employers who 

are covered by the system of records are 

household employers of permanent or 

temporary alien workers. In addition, 

minor changes are proposed for 

amendment, in the categories for 

‘‘System location,’’ ‘‘Storage,’’ 

‘‘Retrievability,’’ and ‘‘Record source.’’ 

10. The Department proposes to 

amend DOL/OSEC–1, Supervisor’s/ 

Team Leader’s Records of Employees, 

by adding an additional routine use. 

This will permit information to be 

provided to professional licensing 

organizations such as those for 

attorneys, accountants, and physicians. 

In addition, minor changes are proposed 

to the categories for ‘‘System location,’’ 

‘‘Categories of records in the system,’’ 

‘‘Record source,’’ ‘‘Authority,’’ and 

‘‘Purpose.’’ 

11. The Department proposes to 

amend universal routine use 12 by 

clarifying the language contained in 

section three in order to more accurately 

describe the applicability of the routine 

use. 

The public, the Office of Management 

and Budget (OMB) and the Congress are 

invited to submit written comments on 

the five new systems, on the proposed 

amendments to five existing systems, 

and on the proposed amendments to 

one universal routine use. A report on 

the five new systems, the proposed 

amendments to five existing systems, 

and on the proposed amendments to 

one universal routine use has been 

provided to OMB and the Congress as 

required by OMB Circular A–130, 

Revised, and 5 U.S.C. 552a(r). 

In its April 8, 2002, publication, the 

Department gave notice of 12 routine 

uses that apply to all of its systems of 

records, except for DOL/OASAM–5 and 

DOL/OASAM–7. These 12 routine uses 

were presented in the General Prefatory 

Statement for that document, and it 

appeared at Page 16825 of Volume 67 of 

the Federal Register. At this time, as a 

convenience to the reader of this 

document, we are republishing this 

General Prefatory Statement updated to 

include the amendments to universal 

routine use 12. This republication 

includes the statement, also contained 

in the 2002 publication, that pursuant to 

the Flexiplace Program, the system 

location for all systems of records may 

be temporarily located at alternate 

worksites, including employees’ homes 

or at geographically convenient satellite 

offices for part of the workweek. 

Signed at Washington, DC this 22nd day of 

September, 2011. 

Hilda L. Solis, 

Secretary of Labor. 

General Prefatory Statement 

A. Universal Routine Uses of the 

Records 

The following routine uses of the 

records 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, or to 

DOL/OASAM–7, Employee Medical 

Records. 

1. To disclose the records 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; 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 for a purpose that is 


pmangrum on DSK3VPTVN1PROD with NOTICES
1730 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

compatible with the purpose for which 

the agency collected the records. 

2. To disclose the records 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; 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 that the 

use of such records is 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 information, 

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 agency determines by 

careful review that the records or 

information are both relevant and 

necessary to any enforcement, 

regulatory, investigative or prosecutive 

responsibility of the receiving entity, 

and that the use of such records or 

information is for a purpose that is 

compatible with the purposes for which 

the agency collected the records. 

4. 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. 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. To disclose to contractors, 

employees of contractors, consultants, 

grantees, and volunteers who have been 

engaged to assist the agency in the 

performance of or working on a 

contract, service, grant, cooperative 

agreement or other activity or service for 

the Federal Government. 

Note: 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. To the parent locator service of the 

Department of Health and Human 

Services or to other authorized persons 

defined by Public Law 93–647 (42 

U.S.C. 653(c)) the name and current 

address of an individual for the purpose 

of locating a parent who is not paying 

required child support. 

8. 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. To a Federal, State, local, foreign, 

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. To the Office of Management and 

Budget during the coordination and 

clearance process in connection with 

legislative matters. 

11. To the Department of the 

Treasury, and a debt collection agency 

with which the United States has 

contracted for collection services to 

recover debts owed to the United States. 

12. To the news media and the public 

when (1) the matter under investigation 

has become public knowledge, (2) the 

Solicitor of Labor determines that 

disclosure is necessary to preserve 

confidence in the integrity of the 

Department or is necessary to 

demonstrate the accountability of the 

Department’s officers, employees, or 

individuals covered by this system, or 

(3) the Solicitor of Labor determines that 

there exists a legitimate public interest 

in the disclosure of the information, 

provided the Solicitor of Labor 

determines in any of these situations 

that the public interest in disclosure of 

specific information in the context of a 

particular case outweighs the resulting 

invasion of personal privacy. 

B. System Location—Flexiplace 

Programs 

The following paragraph applies to 

and is incorporated by reference into all 

of the Department’s systems of records 

under the Privacy Act, within the 

category entitled, SYSTEM LOCATION: 

Pursuant to the Department of Labor’s 

Flexiplace Programs, copies of records may 

be temporarily located at alternative 

worksites, including employees’ homes or at 

geographically convenient satellite offices for 

part of the workweek. All appropriate 

safeguards will be taken at these sites. 

I. Publication of a New System of 

Records 

DOL/CENTRAL–1 

SYSTEM NAME: 

Correspondents with the Department 

of Labor. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

At the offices of each component 

agency within the U.S. Department of 

Labor, including national, regional, and 

contractor offices, and at the offices of 

call centers serving the Department 

including the Department’s national call 

center currently located at the 

contractor’s site in Chantilly, Virginia. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individual correspondents with the 

various components of the Department 

who contact, by telephone, U.S. Mail or 

other mail/delivery service, online, 

email, or phone bank, components 

within the Department for various 

reasons such as, but not limited to, 

requests for information, brochures, 

requests for compliance assistance, 

requests to subscribe to message boards, 

and/or to use Web site based programs. 

It includes callers to the Department’s 

call center and contractors providing 

mail and public information services to 

the Department. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains comments by, or 

requests from, individuals and 

information necessary to satisfy requests 

for information or brochures, requests 

for compliance assistance, requests to 

subscribe to message boards, or email 

management systems, and/or to use Web 

site based programs. It includes 

information received from callers to the 

Department’s call centers. Depending on 

the nature of the request, the file may 

include (but is not limited to) the 

following information regarding 

individuals who have contacted the 

Department: Name, title, mailing 

address, telephone and fax number, 

email address, area of interest, and other 

information necessary to respond to a 

request. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1731 

PURPOSE(S): 

To enhance information exchange by 

improving the availability of 

Departmental component information 

on automated systems; to facilitate 

sending information on compliance 

assistance to correspondents; to use 

Web site based programs; to provide 

usage statistics associated with the 

Department’s public access Internet site; 

and to provide a framework from which 

to select an unbiased sample of 

individuals for surveys. Among other 

things, maintaining the names, 

addresses, etc. of individuals requesting 

data/publications will streamline the 

process for handling subsequent 

inquiries and requests by eliminating 

duplicative gathering of mailing 

information, data, and material on 

individuals who correspond with the 

Department. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

None, except for those universal 

routine uses listed in the General 

Prefatory Statement to this document. 

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/or 

on paper. 

RETRIEVABILITY: 

By name, telephone or fax number 

(including the telephone number from 

which the individual dials), email 

address or other identifying information 

in the system. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. 

RETENTION AND DISPOSAL: 

Current correspondent information 

files are updated as necessary and are 

destroyed after three months, or in the 

case of Web site based programs, 

message boards, or email management 

systems, when no longer needed. 

SYSTEM MANAGER(S) AND ADDRESS: 

The relevant agency head for the 

applicable component agency within 

the U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210. 

NOTIFICATION PROCEDURE: 

Individuals wishing to inquire 

whether this system of records contains 

information about them should contact 

the system manager. Individuals must 

furnish in writing the following 

information for their records to be 

located and identified: 

a. Full name and mailing address. 

b. Signature. 

RECORD ACCESS PROCEDURES: 

As in notification procedure. 

CONTESTING RECORD PROCEDURES: 

As in notification procedure. 

RECORD SOURCE CATEGORIES: 

Correspondents with the relevant 

component agency within the 

Department. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

II. Publication of a Second New System 

of Records 

DOL/CENTRAL–2 

SYSTEM NAME: 

Registrants for Department of Labor 

Events and Activities. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

At the offices of each component 

agency within the Department of Labor, 

including national, regional and 

contractor offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individual correspondents with the 

various components of the Department 

who contact, by telephone, fax, U.S. 

Mail or other mail/delivery services, online, or email, components within the 

Department to register for conferences, 

events, activities, seminars, special 

interest Web sites, and programs. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains information 

necessary to satisfy requests by 

individuals to register for Department 

conferences, events, activities, seminars, 

programs and special interest Web sites, 

including their requests for special 

accommodations and items such as 

meal preferences. Depending on the 

nature of the request, the file may 

include (but is not limited to) the 

following information on the 

individuals who have contacted the 

Department: name, title, mailing 

address, telephone and fax number, and 

email address. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301. 

PURPOSE(S): 

To permit persons to register, by mail, 

telephone, fax, email and on-line, for 

Departmental conferences, events, 

activities, seminars, special interest Web 

sites, and programs; to enhance 

information exchange by improving the 

availability of Departmental component 

information on automated systems; to 

provide a framework from which to 

select an unbiased sample of 

individuals for surveys; and to maintain 

the names, addresses, etc. of individuals 

who register for conferences and 

seminars. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to the universal routine 

uses listed in the General Prefatory 

Statement to this document, a record 

from this system of records may be 

disclosed to private entities and/or State 

or other Federal agencies that cosponsor or have a statutory interest in 

the subject of a particular conference or 

Web site. A record from this system may 

be disclosed to hotels, conference 

centers, caterers, interpreters and other 

entities that provide services for the 

purpose of holding the conferences and 

seminars, including services to persons 

with disabilities. 

The names and business addresses of 

attendees may be disclosed to 

conference attendees and/or the public, 

where appropriate. Records also may be 

disclosed where required by law. 

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/or 

on paper. 

RETRIEVABILITY: 

By name, telephone or fax number 

(including the telephone number from 

which the individual dials), email 

address or other identifying information 

in the system. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. 

RETENTION AND DISPOSAL: 

Current correspondent information 

files are updated as necessary and are 

destroyed when no longer needed. 


pmangrum on DSK3VPTVN1PROD with NOTICES
1732 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

SYSTEM MANAGER(S) AND ADDRESS: 

The relevant agency head for the 

applicable component agency within 

the U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210. 

NOTIFICATION PROCEDURE: 

Individuals wishing to inquire 

whether this system of records contains 

information about them should contact 

the systems manager. Individuals must 

furnish in writing the following 

information for their records to be 

located and identified: 

a. Full name and address. 

b. Signature. 

RECORD ACCESS PROCEDURES: 

As in notification procedure. 

CONTESTING RECORD PROCEDURES: 

As in notification procedure. 

RECORD SOURCE CATEGORIES: 

Correspondents with the relevant 

component agency within the 

Department. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

III. Publication of a Third New System of 

Records 

DOL/CENTRAL–3 

SYSTEM NAME: 

Internal Investigations of Harassing 

Conduct. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current or former Department 

employees, Department interns, or other 

such agents of the Department, 

nationwide, who have filed a complaint 

or report of harassment, or have been 

accused of harassing conduct under the 

Department’s Policy to Prevent 

Harassing Conduct in the Workplace 

(the Policy). 

SYSTEM LOCATION: 

Records on covered individuals are 

located at the Department of Labor, 

Office of the Assistant Secretary for 

Administration and Management and 

with respective agency Equal 

Employment Opportunity (EEO) 

Managers in the national office. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system contains all documents 

related to a complaint or report of 

harassment, which may include the 

complaint, statements of witnesses, 

reports of interviews, investigators and 

agency EEO manager’s findings and 

recommendations, final decisions and 

corrective action taken, and related 

correspondence and exhibits. 

Note: Records compiled by the Office of 

Inspector General in its investigations of 

harassing conduct are covered by its own 

system of records, entitled DOL/OIG–1, and 

are not part of this system of records. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 44 U.S.C. 3101. 

PURPOSE(S): 

These records are maintained for the 

purpose of conducting internal 

investigations into allegations of 

harassment brought against Department 

employees and for taking appropriate 

action in accordance with the 

Department’s Policy. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those universal routine 

uses contained in the General Prefatory 

Statement to this document, disclosure 

of information from this system of 

records regarding the status of any 

investigation that may have been 

conducted may be made to the party 

who was subject to the harassment and 

to the alleged harasser when the 

purpose of the disclosure is both 

relevant and necessary and is 

compatible with the purpose for which 

the information was collected. 

Note: Records compiled under the Policy 

which subsequently become part of the 

investigation record in an EEO complaint 

may be disclosed to the complainant if the 

Civil Rights Center (CRC) determines that the 

records are relevant and necessary with 

respect to adjudicating the EEO complaint, 

when such disclosure is compatible with the 

purpose for which the information was 

collected. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Files are stored electronically and/or 

on paper. 

RETRIEVABILITY: 

These records are indexed by the 

name of the alleged victim(s) and/or the 

name of the individual accused of 

harassing conduct. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. 

RETENTION AND DISPOSAL: 

These records are maintained for four 

years from the date that the 

investigation is closed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Respective agencies’ EEO managers, 

U.S. Department of Labor, 200 

Constitution Ave. NW., Suite N–4123, 

Washington, DC 20210. 

NOTIFICATION PROCEDURE: 

An individual wishing to inquire 

whether this system of records contains 

non-exempt information about him/her 

should contact the systems manager. 

Individuals must furnish in writing the 

following information for their records 

to be located and identified: 

a. Full name and address. 

b. Signature. 

RECORD ACCESS PROCEDURES: 

As in notification procedure. 

CONTESTING RECORD PROCEDURES: 

A petition for amendment shall be 

addressed to the System Manager and 

must meet the requirements of 

Department’s Privacy Act regulations at 

29 CFR 71.1 and 71.9. 

RECORD SOURCE CATEGORIES: 

Individual complainants; agency EEO 

Managers; supervisors; management 

officials; employee relations staff; 

witness statements; Solicitor’s Office 

staff; CRC staff, and summary reports on 

harassing conduct complaints. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

In accordance with 5 U.S.C. 

552a(k)(2), investigative material in this 

system of records compiled for law 

enforcement purposes is exempt from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(H) and (I), and (f) of 5 U.S.C. 552a, 

provided, however, that if any 

individual is denied any right, privilege, 

or benefit that he or she would 

otherwise be entitled to by Federal law, 

or for which he or she would otherwise 

be eligible, as a result of the 

maintenance of these records, such 

material shall be provided to the 

individual, except to the extent that the 

disclosure of the material would reveal 

the identity of a source who furnished 

information to the Government with an 

express promise that the identity of the 

source would be held in confidence. 

IV. Publication of a Fourth New System 

of Records 

DOL/ESA–52 

SYSTEM NAME: 

Wage-Hour Financial Accounting 

System (WFAS). 

SECURITY CLASSIFICATION: 

None. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1733 

SYSTEM LOCATION: 

Wage-Hour Division (WHD) national 

office, and regional/sub-regional offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

All persons who receive payment 

from, or who owe a payment to, agency/ 

regional offices through one of two 

financial systems (Back Wage 

Disbursement and Collection System or 

the Civil Money Penalty System). These 

persons are as follows: 

a. Persons receiving payments 

include, but are not limited to: 

Employees; and third parties acting on 

behalf of employees. 

b. Persons owing monies include, but 

are not limited to: Employers who owe 

a debt due to the Government as a result 

of violations of one or more of the laws 

enforced by the WHD; persons who 

have been overpaid; and persons who 

owe the Department a refund. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Name, identification number 

(Taxpayer Identification Number or 

other identifying number), Social 

Security Number, address, purpose of 

payment, accounting classification, 

amount to be paid, withholdings, and 

amount paid. 

AUTHORITY: 

5 U.S.C. 301. 

PURPOSE(S): 

These records are an integral part of 

the WHD accounting systems at 

principal operating components, agency 

regional and sub-regional offices. The 

records are used to keep track of all 

WHD payments due to individuals, as 

well as those due from employers to the 

Federal Government. When an accounts 

receivable is established, these records 

regarding employers are used as part of 

collection actions. The employee 

records are used to attempt to locate an 

employee for purposes of distributing 

back wages to that employee on behalf 

of the employer. In event of an 

overpayment to an individual, the 

record is used to establish a receivable 

record for recovery of the amount 

claimed. The records are also used 

internally to develop reports to the 

Internal Revenue Service (IRS) and 

applicable State and local taxing 

officials of taxable income. This is a 

component-wide notice of payment and 

collection activities. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those universal routine 

uses contained in the General Prefatory 

Statement to this document, the 

following disclosures are permitted: 

a. Transmittal of the records to the 

United States Treasury to effect issuance 

of payments to payees. 

b. Pursuant to § 13 of the Debt 

Collection Act of 1982, the name, 

address(es), telephone number(s), Social 

Security Number, and nature, amount 

and history of debts of an individual 

may be disclosed to private debt 

collection agencies for the purpose of 

collecting or compromising a debt 

existing in this system. 

c. Information may be forwarded to 

the Department of Justice as prescribed 

in the Joint Federal Claims Collection 

Standards (31 CFR Parts 900 through 

904) for the purpose of determining the 

feasibility of enforced collection, and by 

referring the cases to the Department of 

Justice for litigation. 

d. Pursuant to §§ 5 and 10 of the Debt 

Collection Act of 1982, as amended by 

the Debt Collection Improvement Act of 

1996, information relating to the 

implementation of the Debt Collection 

Act of 1982 may be disclosed to other 

Federal agencies to effect salary or 

administrative offsets. 

e. Information contained in the 

system of records may be disclosed to 

the IRS to obtain taxpayer mailing 

addresses for the purpose of locating 

such taxpayer to collect, compromise, or 

write off a Federal claim against the 

taxpayer. 

f. Information may be disclosed to the 

IRS concerning the discharge of an 

indebtedness owed by an individual. 

g. Information may be disclosed to the 

Social Security Administration 

informing them of taxable income. 

h. Information may be disclosed to 

State and local taxing officials informing 

them of taxable income. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Files are stored electronically and/or 

on paper. 

RETRIEVABILITY: 

This varies according to the particular 

operating accounting system within the 

operating division, agency and regional 

office. Usually hard copy documents are 

retrieved by case identification number. 

Computer records are retrieved by 

employee last name, as well as case 

identification number, employer name, 

Social Security Number, or on any field 

in the record. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. 

RETENTION AND DISPOSAL: 

Records pertaining to the collection 

and payment of back wages are 

maintained in hard copy form in the 

regional and sub-regional offices for one 

year after closing. They are then 

transferred to the Federal Records 

Center for storage; they are retained 

there for six years and three months and 

then are destroyed. Hard copy records of 

Civil Money Penalty payments are 

transmitted back to the district offices 

for inclusion in the regular investigation 

file. Automated records are closed but 

available on the system once the case 

balance has reached $0. These records 

will eventually be destroyed after six 

years and three months, but prior to 

destruction, they are maintained in 

readable form to facilitate tax inquiries 

from employees and employers. 

SYSTEM MANAGER(S) AND ADDRESS: 

Administrator, Wage-Hour Division, 

Room S–3502, Frances Perkins 

Building, 200 Constitution Avenue, 

NW., Washington, DC 20210. 

NOTIFICATION PROCEDURE: 

Inquiries should be mailed or 

presented to the system manager noted 

at the address listed above. 

RECORD ACCESS PROCEDURES: 

A request for access shall be 

addressed to the system manager at the 

address listed above. 

CONTESTING RECORD PROCEDURES: 

A petition for amendment shall be 

addressed to the System Manager. 

RECORD SOURCE CATEGORIES: 

Individuals, employees, employers, 

other Federal agencies, Government 

contractors. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

V. Publication of a Fifth New System of 

Records 

DOL/ETA–28 

SYSTEM NAME: 

Senior Community Service 

Employment Program Information Files. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

U.S. Department of Labor, 

Employment and Training 

Administration, Frances Perkins 

Building, 200 Constitution Avenue NW., 

Washington, DC 20210. 


pmangrum on DSK3VPTVN1PROD with NOTICES
1734 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Participants in the Senior Community 

Service Employment Program (SCSEP) 

funded under the Older Americans Act 

Amendments of 2006 (OAA 

Amendments), Public Law 109–365. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in the system include 

personal characteristics of each SCSEP 

participant; the description of training, 

community service assignments, and 

unsubsidized employment placements 

the participants received; wages and 

supportive services received; and 

program outcome and participant 

follow-up information obtained after 

completion of the program. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

OAA Amendments, Public Law 109– 

365, § 513(a). 

PURPOSES: 

To maintain a management 

information system designed to 

facilitate the uniform compilation and 

analysis of program data necessary for 

reporting, monitoring and evaluation 

purposes. The system will: 

a. Generate statistical reports that will 

present detailed information on the 

aggregate characteristics of program 

participants, program activities, and 

outcomes. These data will be reported at 

the national and State grantee levels and 

will allow the Department to respond to 

a variety of requests for specific 

information regarding the scope of 

services; the types of community service 

activities; and the nature and duration 

of employment that SCSEP grantees are 

providing to their participants. Further, 

these reports will present detailed 

survey information on the aggregate 

customer satisfaction of program 

participants, participating host agencies, 

and employers of participants. 

b. Provide information that will 

enable the Department to monitor the 

program at the national or grantee 

levels; to report to Congress on program 

outcomes; and to provide feedback to 

State and National grantees on their 

progress in implementing their grants. 

c. Provide a suitable national database 

to enable the Department to provide 

technical guidance to SCSEP grantees to 

enable them to meet their negotiated 

performance measures. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those universal routine 

uses contained in the General Prefatory 

Statement to this document, disclosure 

of personnel, procurement, or benefitrelated information to contractors and 

agencies to enable them to provide 

administrative functions for the 

program, including the maintenance of 

participant pay records. 

Disclosure of information to 

researchers of those records which are 

relevant and necessary to evaluate the 

effectiveness of the overall program and 

its various training components in 

serving different subgroups of the 

eligible population. 

Disclosure of information to Federal, 

State, and local agencies and 

community-based organizations to 

facilitate statistical research, audit, and 

evaluation activities necessary to insure 

the success, integrity, and improvement 

of the SCSEP and other employment 

and training programs. 

Disclosure of information to 

placement and welfare agencies, 

prospective employers, school, or 

training institutions to assist in 

participant employment. 

Disclosure of statistical information to 

the news media, public interest groups, 

or members of the general public for the 

purpose of promoting the merits of the 

SCSEP. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Files are stored electronically and/or 

on paper. 

RETRIEVABILITY: 

Records may be retrieved by any data 

element. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. Public access 

files and files used for analysis outside 

the database manager’s computer system 

will be purged of participant identifiers. 

Published tables will be sufficiently 

aggregated to prevent identification of 

any individual. 

RETENTION AND DISPOSAL: 

Data files will be retained for two 

years after the files are no longer active. 

After two years the files will be 

transferred to the Federal Records 

Center, where they are destroyed after 

three years. 

SYSTEM MANAGER(S) AND ADDRESS: 

Chief, Division of Adult Services, 

Employment and Training 

Administration, 200 Constitution 

Avenue NW., Washington, DC 20210. 

NOTIFICATION PROCEDURE: 

Address inquiries to the Chief, 

Division of Adult Services, Employment 

and Training Administration, 200 

Constitution Avenue NW., Washington, 

DC 20210. 

RECORD ACCESS PROCEDURES: 

Individuals wishing access to 

information contained in this system 

should contact the office indicated in 

the notification procedure above. 

Individuals requesting access to files 

must comply with the Department’s 

Privacy Act regulations on verification 

of identity and access to records. 

RECORD CONTESTING PROCEDURES: 

Individuals wishing to request 

amendments to records should contact 

the office indicated in the notification 

procedures section. 

RECORD SOURCE CATEGORIES: 

Individual participants; SCSEP 

grantees. 

SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF

THE ACT: 

None. 

VI. Publication of a Proposed Amended 

System of Records 

DOL/OSHA–1, Discrimination 

Complaint File, is proposed to be 

amended by renaming the title to reflect 

that the file contains complaints of 

retaliation, rather than discrimination; 

by revising the category for ‘‘Authority 

for maintenance of the system’’; and by 

proposing to amend the category for 

‘‘Routine uses.’’ In addition, several 

other categories are proposed to be 

refined. For the convenience of the 

reader, the system is republished in full 

to read as follows: 

DOL/OSHA–1 

SYSTEM NAME: 

Retaliation Complaint File. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

At offices of the Occupational Safety 

and Health Administration (OSHA) 

including National, regional, and area 

offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who have filed 

complaints alleging retaliation against 

them by their employers, or by others, 

for engaging in activities protected 

under the various statutes set forth 

below, popularly referenced as 

whistleblower protection statutes. 

Complainants may file such claims with 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1735 

OSHA pursuant to 21 statutes: the 

Occupational Safety and Health Act (29 

U.S.C. 660(c)); the Surface 

Transportation Assistance Act (49 

U.S.C. 31105); the Asbestos Hazard 

Emergency Response Act (15 U.S.C. 

2651); the International Safe Container 

Act (46 U.S.C. 80507); the Safe Drinking 

Water Act (42 U.S.C. 300j—9(i)); the 

Federal Water Pollution Control Act (33 

U.S.C. 1367); the Toxic Substances 

Control Act (15 U.S.C. 2622); the 

Wendell H. Ford Aviation Investment 

and Reform Act for the 21st Century (49 

U.S.C. 42121); the Solid Waste Disposal 

Act (42 U.S.C. 6971); the Clean Air Act 

(42 U.S.C. 7622); the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980 (42 U.S.C. 

9610); the Energy Reorganization Act of 

1978 (42 U.S.C. 5851); the Pipeline 

Safety Improvement Act of 2002 (49 

U.S.C. 60129); the Corporate and 

Criminal Fraud Accountability Act of 

2002, Title VIII of the Sarbanes-Oxley 

Act of 2002 (18 U.S.C. 1514A); the 

Federal Railroad Safety Act (49 U.S.C. 

20109); the National Transit Systems 

Security Act (6 U.S.C. 1142); the 

Consumer Product Safety Improvement 

Act (15 U.S.C. 2087); the Affordable 

Care Act (20 U.S.C. 208C); the 

Consumer Financial Protection Act of 

2010 (12 U.S.C.A. § 5567); the Seaman’s 

Protection Act (46 U.S.C. 2114); and the 

FDA Food Safety Modernization Act (21 

U.S.C. 399d). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Complainant’s name, address, 

telephone numbers, occupation, place of 

employment, and other identifying data 

along with the allegation, OSHA forms, 

and evidence offered in the allegation’s 

proof. Respondent’s name, address, 

telephone numbers, response to 

notification of the complaint, 

statements, and any other evidence or 

background material submitted as 

evidence. This material includes records 

of interviews and other data gathered by 

the investigator. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

a. the Occupational Safety and Health 

Act (29 U.S.C. –660(c)); 

b. the Surface Transportation 

Assistance Act (49 U.S.C. 31105); 

c. the Asbestos Hazard Emergency 

Response Act (15 U.S.C. 2651); 

d. the International Safe Container 

Act (46 U.S.C. 1506); 

e. the Safe Drinking Water Act (42 

U.S.C. 300j—9(i)); 

f. the Federal Water Pollution Control 

Act (33 U.S.C. 1367); 

g. the Toxic Substances Control Act 

(15 U.S.C. 2622); 

h. the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century (49 U.S.C. 42121); 

i. the Solid Waste Disposal Act (42 

U.S.C. 6971); 

j. the Clean Air Act (42 U.S.C. 7622); 

k. the Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980 (42 U.S.C. 9610); 

l. the Energy Reorganization Act of 

1978 (42 U.S.C. 5851); 

m. the Pipeline Safety Improvement 

Act of 2002 (49 U.S.C. 60129); 

n. the Corporate and Criminal Fraud 

Accountability Act of 2002, Title VIII of 

the Sarbanes-Oxley Act of 2002 (18 

U.S.C. 1514A); 

o. the Federal Rail Safety Act (49 

U.S.C. 20109); 

p. the National Transit Security 

Systems Act (6 U.S.C. § 1142); 

q. the Consumer Product Safety 

Improvement Act (15 U.S.C. 2087); 

r. the Affordable Care Act (Pub. L. 

111–148); 

s. The Consumer Financial Protection 

Act of 2010 (12 U.S.C.A. § 5567); 

t. The Seaman’s Protection Act (46 

U.S.C. 2114); and 

u. The FDA Food Safety 

Modernization Act (Pub. L. 111–353). 

PURPOSE(S): 

The records are used to support a 

determination by OSHA on the merits of 

a complaint alleging violation of the 

employee protection provisions of one 

or more of the statutes listed under 

‘‘Authority.’’ The records also are used 

as the basis of statistical reports on such 

activity by the system manager, national 

office administrators, regional 

administrators, investigators, and their 

supervisors in OSHA, which reports 

may be released to the public. 

ROUTINE USES OF THE RECORDS MAINTAINED IN

THE SYSTEM, INCLUDING CATEGORIES OF USERS

AND THE PURPOSES OF SUCH USES: 

In addition to those universal routine 

uses listed in the General Prefatory 

Statement to this document, a record 

from this system of records may be 

disclosed as follows: 

a. With respect to the statutes listed 

under the ‘‘Authority’’ category, 

disclosure of the complaint, as well as 

the identity of the complainant, and any 

interviews, statements, or other 

information provided by the 

complainant, or information about the 

complainant given to OSHA, may be 

made to the respondent, so that the 

complaint can proceed to a resolution. 

Note: Personal information about other 

employees that is contained in the 

complainant’s file, such as statements taken 

by OSHA or information for use as 

comparative data, such as wages, bonuses, 

the substance of promotion 

recommendations, supervisory assessments 

of professional conduct and ability, or 

disciplinary actions, generally may be 

withheld from the respondent when it could 

violate those persons’ privacy rights, cause 

intimidation or harassment to those persons, 

or impair future investigations by making it 

more difficult to collect similar information 

from others. 

b. With respect to the statutes listed 

under the ‘‘Authority’’ category, 

disclosure of the respondent’s responses 

to the complaint and any other evidence 

it submits may be shared with the 

complainant so that the complaint can 

proceed to a resolution. 

c. With respect to the statutes listed 

under the ‘‘Authority’’ category, 

disclosure of appropriate, relevant, 

necessary, and compatible investigative 

records may be made to other Federal 

agencies responsible for investigating, 

prosecuting, enforcing, or implementing 

the underlying provisions of those 

statutes where OSHA deems such 

disclosure is compatible with the 

purpose for which the records were 

collected. 

d. With respect to the statutes listed 

under the ‘‘Authority’’ category, 

disclosure of appropriate, relevant, 

necessary, and compatible investigative 

records may be made to another agency 

or instrumentality of any governmental 

jurisdiction within or under the control 

of the United States, for a civil or 

criminal law enforcement activity, if the 

activity is authorized by law, and if that 

agency or instrumentality has made a 

written request to OSHA, specifying the 

particular portion desired and the law 

enforcement activity for which the 

record is sought. 

e. With respect to the statutes listed 

under the ‘‘Authority’’ category, 

disclosure may be made to the media, 

researchers, or other interested parties 

of statistical reports containing 

aggregated results of program activities 

and outcomes. Disclosure may be in 

response to requests made by telephone, 

email, fax, or letter, by a mutually 

convenient method. Statistical data may 

also be posted by the system manager on 

the OSHA Web page. 

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/or 

on paper. 


pmangrum on DSK3VPTVN1PROD with NOTICES
1736 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

RETRIEVABILITY: 

By complainant’s name, respondent’s 

name, case identification number, or 

other identifying information. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. 

RETENTION AND DISPOSAL: 

Destroy five years after case is closed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director of the Office of the 

Whistleblower Protection Program in 

the National Office, OSHA. 

NOTIFICATION PROCEDURE: 

Individuals wishing to inquire 

whether this system of records contains 

information about them should contact 

the system manager at the appropriate 

system location. 

RECORD ACCESS PROCEDURE: 

Individuals wishing to gain access to 

non-exempt records should contact the 

system manager. 

CONTESTING RECORD PROCEDURE: 

Individuals wishing to request 

amendment of any non-exempt records 

should contact the system manager at 

the system location listed above. 

RECORD SOURCE CATEGORIES: 

Individual complainants who filed 

allegation(s) of retaliation by 

employer(s) against employee(s) or 

persons who have engaged in protected 

activities, also employers, employees 

and witnesses. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

In accordance with 5 U.S.C. 

552a(k)(2), investigatory material in this 

system of records compiled for law 

enforcement purposes is exempt from 

subsections (c)(3); (d); (e)(1); (e)(4)(G), 

(H), and (I); and (f) of 5 U.S.C. 552a, 

provided however, that if any 

individual is denied any right, privilege, 

or benefit that he or she would 

otherwise be entitled to by Federal law, 

or for which he or she would otherwise 

be eligible, as a result of the 

maintenance of these records, such 

material shall be provided to the 

individual, except to the extent that the 

disclosure of such material would reveal 

the identity of a source who furnished 

information to the Government under an 

express promise that the identity of the 

source would be held in confidence, or, 

prior to January 1, 1975, under an 

implied promise that the identity of the 

source would be held in confidence. 

VII. Publication of a Second Proposed 

Amended System of Records 

DOL/OCFO–1, Attendance, Leave, 

and Payroll File, is proposed to be 

amended by revising the categories for 

‘‘System location,’’ ‘‘Categories of 

individuals covered by the system,’’ 

‘‘Categories of records in the system,’’ 

‘‘Routine uses,’’ ‘‘Retention,’’ and 

‘‘System manager’’ as well as minor 

changes to the other categories as set 

forth below. The new routine use will 

cover disclosure of records to the 

payroll provider for the Department, 

which is currently the U.S. Department 

of Agriculture’s (USDA) National 

Finance Center (NFC), in order to effect 

all financial transactions on behalf of 

the Department related to employee pay. 

For the convenience of the reader the 

amended system is republished in full 

as follows: 

DOL/OCFO–1 

SYSTEM NAME: 

Attendance, Leave, and Payroll File. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

a. On electronic systems maintained 

by the Department and the Department’s 

payroll provider, currently the USDA 

NFC headquartered in New Orleans, 

Louisiana, with primary computing 

facilities in Denver, Colorado, and at 

backup facilities for the payroll 

provider, currently located in St. Louis, 

Missouri. 

b. Relevant data may also be stored on 

Department computers, or servers at the 

Department, including for use in 

distributing payroll and accounting 

information to the individual 

Department component offices in 

Washington DC. 

c. Timekeepers. 

d. Offices of the Chief Financial 

Officer. 

e. Department of Labor human 

resources offices. 

f. The Department of Labor National 

Office Leave Bank. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Department employees, current and 

former, and other individuals receiving 

compensation or benefits through the 

Department’s payroll system, including 

interns, student volunteers, and 

beneficiaries. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Name, Social Security Number and 

employee number, grade, step, and 

salary, transit subsidies, organization 

(code), retirement or FICA data as 

applicable. Federal, State, and local tax 

deductions, as appropriate. Internal 

Revenue Service (IRS) tax lien data, 

commercial garnishment, child support 

data. Authorization forms for savings 

bonds and charity deductions; 

authorization forms for regular and 

optional Government life insurance 

deduction(s), health insurance 

deduction and plan or code; 

authorization forms for labor union dues 

deductions; other authorization forms. 

Cash award data; jury duty data; 

military leave data; pay differentials; 

allotments by type and amount; Thrift 

Savings Plan contributions; financial 

institution code(s) and employee 

account number(s); leave status and 

leave data of all types (including 

annual, compensatory, jury duty, 

maternity, military, retirement, 

disability, sick, transferred, political, 

donated, and without pay). Time and 

attendance records, including flexitime 

log sheets indicating number of regular, 

overtime, holiday, Sunday, and other 

hours worked, pay period number and 

ending date. Cost of living allowances, 

marital status, number of dependents, 

mailing address, ‘‘Notification of 

Personnel Action,’’ co-owner and/or 

beneficiary of bonds. Claims by the 

employee for overtime, for back wages 

and for waivers. Consumer credit 

reports of individuals indebted to the 

United States, correspondence to and 

from the debtor, information or records 

relating to the debtor’s current 

whereabouts, assets, liabilities, income 

and expenses, debtor’s personal 

financial statements and other 

information such as the nature, amount 

and history of a debt owed by an 

individual covered by this system, and 

other records and reports relating to the 

implementation of the Debt Collection 

Act of 1982, as amended by the Debt 

Collection Improvement Act of 1996, 

including any investigative reports or 

administrative review matters. The 

individual records listed herein are 

included only as pertinent or applicable 

to the individual employee or other 

individuals covered by this system. 

Note: Sign-in and sign-out records are filed 

chronologically within Department offices 

and are not part of this system. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

31 U.S.C. 66(A). 

PURPOSE(S): 

In compliance with principles and 

standards prescribed by the Comptroller 

General, this system manages the 

Department’s payroll compensation and 

benefits processing, accounting, and 

reporting. The system provides control 

procedures and systems to assure the 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1737 

complete and timely processing of input 

documents and output reports necessary 

to update and maintain the 

Department’s Interactive Payroll 

System. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to the universal routine 

uses listed in the General Prefatory 

Statement to this document, the 

Department may disclose relevant and 

necessary data as follows: 

The Department may disclose records 

to its payroll provider, currently the 

USDA NFC, in order to effect all 

financial transactions on behalf of 

Department-related employee pay and 

compensation. Specifically, the 

Department’s payroll provider may 

effect employee pay or deposit funds on 

behalf of Department employees, and/or 

it may withhold, collect or offset funds 

from employee salaries as required by 

law or as necessary to correct 

overpayment or amounts due. For 

example, the Department’s payroll 

provider will routinely make the 

necessary disclosures to the Treasury 

Department for the issuance of 

payments as follows: To distribute pay 

according to the employee directions for 

savings bonds, allotments to financial 

institutions, and other authorized 

purposes. Transmittal of Thrift Savings 

Plan data to the Federal Retirement 

Thrift Investment Board (FRTIB) to 

effect contributions to the Thrift Savings 

Plan. Tax withholding data sent to the 

IRS and appropriate State and local 

taxing authorities, FICA deductions to 

the Social Security Administration, 

information concerning dues deductions 

to labor unions, withholdings for health 

insurance to insurance carriers and the 

Office of Personnel Management (OPM), 

retirement contributions to OPM, 

charity deductions to agents of 

charitable institutions, annual W–2 

statements to taxing authorities and the 

individual, and transmittal of computer 

tape data to appropriate State and local 

governments for their benefits matching 

projects. Transmittal of employee’s 

name, Social Security Number, salary 

history to State unemployment 

insurance agencies in order to facilitate 

the processing of State unemployment 

insurance claims for Department 

employees. In addition, the 

Department’s payroll provider will use 

the data to perform related 

administrative activities such as to 

certify payroll vouchers chargeable to 

Department funds and to perform or 

participate in routine audit/oversight 

operations, including by the Office of 

Inspector General of the payroll 

provider, and/or Government 

Accountability Office, Office of 

Management and Budget, OPM, and the 

FRTIB. 

In addition, where determined to be 

appropriate or necessary, the 

Department may authorize the 

Department’s payroll provider to make 

disclosure of relevant records from this 

system, or the Department may disclose 

relevant records from this system, as 

follows: 

a. Pursuant to § 13 of the Debt 

Collection Act of 1982, as amended by 

the Debt Collection Improvement Act of 

1996, the name, Social Security 

Number, address(es), telephone 

number(s), and nature, amount and 

history of the debt of a current or former 

employee may be disclosed to private 

collection agencies for the purpose of 

collecting or compromising a debt 

existing in this system. 

b. Department of Justice and 

Department of Treasury: Information 

may be forwarded to the Department of 

Treasury and/or the Department of 

Justice as prescribed in the Joint Federal 

Claims Collection Standards (31 CFR 

Parts 900 through 904). When debtors 

fail to make payment through normal 

collection routines, the files are 

analyzed to determine the feasibility of 

enforced collection by referring the 

cases to the Department of Justice for 

litigation. 

c. Other Federal Agencies: Pursuant to 

§§ 5 and 10 of the Debt Collection Act 

of 1982, as amended by the Debt 

Collection Improvement Act of 1996, 

information relating to the 

implementation of the Debt Collection 

Act of 1982 may be disclosed to other 

Federal agencies to effect salary or 

administrative offsets, or for other 

purposes connected with the collection 

of debts owed to the United States. 

d. IRS: 

(1) Information contained in the 

system of records may be disclosed to 

the IRS to obtain taxpayer mailing 

addresses for the purpose of locating 

such taxpayer to collect, compromise, or 

write-off a Federal claim against the 

taxpayer. 

(2) Records from this system of 

records may be disclosed to the IRS for 

the purpose of offsetting a Federal claim 

from any income tax refund that may be 

due to the debtor. 

(3) Information may be disclosed to 

the IRS concerning the discharge of an 

indebtedness owed by an individual. 

e. Records from this system of records 

may be disclosed to the Defense 

Manpower Data Center—Department of 

Defense and the United States Postal 

Service to conduct computer matching 

programs for the purpose of identifying 

and locating individuals who are 

receiving Federal salaries or benefit 

payments and are delinquent in their 

repayment of debts owed to the United 

States Government under certain 

programs administered by the 

Department in order to collect debts 

under the provisions of the Debt 

Collection Act of 1982 (Public Law 97– 

365) by voluntary repayment, or by 

salary or administrative offset 

procedures. 

f. The names, Social Security 

Numbers, home addresses, dates of 

birth, dates of hire, quarterly earnings, 

employer identifying information, and 

State of hire of employees may be 

disclosed to the Office of Child Support 

Enforcement, Administration for 

Children and Families, Department of 

Health and Human Services in order to 

locate individuals for the purpose of: 

establishing paternity; establishing and 

modifying orders of child support; 

identifying sources of income; and for 

other child support enforcement actions 

as required by the Personal 

Responsibility and Work Opportunity 

Reconciliation Act (Welfare Reform law, 

Pub. L. 104–193). 

g. A record from this system of 

records, reflecting the employee’s transit 

subsidy, may be disclosed to other 

governmental agencies for purposes of 

comparing transit subsidy recipients 

and car pool applicants. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

The amount, status, and history of 

overdue debts as well as the name and 

address, Taxpayer Identification 

Number (SSN), and other information 

necessary to establish the identity of a 

debtor, the agency and program under 

which the claim arose, are disclosed 

pursuant to 5 U.S.C. 552a(b)(12) to 

consumer reporting agencies as defined 

by § 603(f) of the Fair Credit Reporting 

Act (15 U.S.C. 1681a(f)), in accordance 

with § 3(d)(4)(A)(ii) of the Federal 

Claims Collection Act of 1966, as 

amended (31 U.S.C. 3711(f)) for the 

purpose of encouraging the repayment 

of an overdue debt. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Files are stored electronically and/or 

on paper. 

RETRIEVABILITY: 

By name, Social Security Number, or 

other identifying information in the 

system. 


pmangrum on DSK3VPTVN1PROD with NOTICES
1738 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. 

RETENTION AND DISPOSAL: 

Records are disposed of in accordance 

with General Records Schedule No. 2 

issued by the National Archives and 

Records Administration. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Division of Payroll System 

Support, Office of Financial Systems, 

Office of the Chief Financial Officer, 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC 20210, and 

the Director, Department of Labor 

National Office Leave Bank, 200 

Constitution Avenue NW., Washington, 

DC 20210. 

NOTIFICATION PROCEDURE: 

Inquiries should be mailed or 

presented to the system manager noted 

at the addresses listed above. 

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 and address. 

b. Social Security Number. 

CONTESTING RECORD PROCEDURES: 

A petition for amendment shall be 

addressed to the System Manager. 

RECORD SOURCE CATEGORIES: 

Employees (or others receiving 

compensation or benefits through the 

payroll system), supervisors, 

timekeepers, official personnel records, 

the IRS, consumer credit reports, 

personal financial statements, 

correspondence with the debtor, records 

relating to hearings on the debt, and 

from other Department systems of 

records. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

VIII. Publication of a Third Proposed 

Amended System of Records 

DOL/GOVT–1, Office of Workers’ 

Compensation Programs, Federal 

Employees’ Compensation Act File, is 

proposed to be amended by adding an 

additional routine use to the category 

for ‘‘Routine uses.’’ The new routine use 

will permit the Department to disclose 

information to the National Institutes for 

Occupational Safety and Health 

(NIOSH) for the purpose of performing 

statistical analysis of injury and illness 

patterns. These statistical analyses will 

assist the Department’s Office of 

Workers’ Compensation Programs 

(OWCP) and the Occupational Safety 

and Health Administration in their 

respective missions. In addition, style 

and grammatical changes have been 

made to categories in this system to 

clarify the text. For the convenience of 

the reader the amended system is 

republished in full as follows: 

DOL/GOVT–1 

SYSTEM NAME: 

Office of Workers’ Compensation 

Programs, Federal Employees’ 

Compensation Act File. 

SECURITY CLASSIFICATION: 

Most files and data are unclassified. 

Files and data in certain cases have Top 

Secret classification, but the rules 

concerning their maintenance and 

disclosure are determined by the agency 

that has given the information the 

security classification of Top Secret. 

SYSTEM LOCATION: 

The central database for DOL/GOVT– 

1 is located at the DOL National office 

and the offices of OWCP’s contractor. 

Paper claim files are located at the 

various OWCP district offices; claim 

files of employees of the Central 

Intelligence Agency are located at that 

agency. Records from this system of 

records may be temporarily located in 

the offices of health care providers and 

other individuals or entities with whom 

the Department contracts for services 

such as examination or evaluation of 

claimants. Copies of claim forms and 

other documents arising out of a jobrelated injury that resulted in the filing 

of a claim under the Federal Employees’ 

Compensation Act (FECA) may also be 

maintained by the employing agency 

(and where the forms were transmitted 

to OWCP electronically, the original 

forms are maintained by the employing 

agency). In addition, records relating to 

third-party claims of FECA beneficiaries 

are maintained in the Division of 

Federal Employees’ and Energy 

Workers’ Compensation, Office of the 

Solicitor, United States Department of 

Labor, 200 Constitution Avenue NW., 

Washington, DC 20210, in the offices of 

the Regional and Associate Regional 

Solicitors, and in various offices of the 

United States Postal Service, which 

undertakes various duties relating to 

third party claims pursuant to an 

agreement with OWCP. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals and/or their survivors 

who file claims seeking benefits under 

FECA by reason of injuries sustained 

while in the performance of duty. FECA 

applies to all civilian Federal 

employees, including various classes of 

persons who provide or have provided 

personal service to the Government of 

the United States, and to other persons 

as defined by law such as State or local 

law enforcement officers, and their 

survivors, who were injured or killed 

while assisting in the enforcement of 

Federal law. In addition, FECA covers 

employees of the Civil Air Patrol, Peace 

Corps Volunteers, Job Corps students, 

Volunteers in Service to America, 

members of the National Teacher Corps, 

certain student employees, members of 

the Reserve Officers Training Corps, 

certain former prisoners of war, and 

employees of particular commissions 

and other agencies. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system may contain the 

following kinds of records: Reports of 

injury by the employee and/or 

employing agency; claim forms filed by 

or on behalf of injured Federal 

employees or their survivors seeking 

benefits under FECA; forms authorizing 

medical care and treatment; other 

medical records and reports; bills and 

other payment records; compensation 

payment records; formal orders for or 

against the payment of benefits; 

transcripts of hearings conducted; and 

any other medical, employment, or 

personal information submitted or 

gathered in connection with the claim. 

The system may also contain 

information relating to dates of birth, 

marriage, divorce, and death; notes of 

telephone conversations conducted in 

connection with the claim; information 

relating to vocational and/or medical 

rehabilitation plans and progress 

reports; records relating to court 

proceedings, insurance, banking and 

employment; articles from newspapers 

and other publications; information 

relating to other benefits (financial and 

otherwise) the claimant may be entitled 

to; and information received from 

various investigative agencies 

concerning possible violations of 

Federal civil or criminal law. 

The system may also contain 

consumer credit reports on individuals 

indebted to the United States, 

information relating to the debtor’s 

assets, liabilities, income and expenses, 

personal financial statements, 

correspondence to and from the debtor, 

information relating to the location of 

the debtor, and other records and 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1739 

reports relating to the implementation of 

the Federal Claims Collection Act (as 

amended), including investigative 

reports or administrative review 

matters. Individual records listed here 

are included in a claim file only insofar 

as they may be pertinent or applicable 

to the employee or beneficiary. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 8101 et seq., 20 CFR 1.1 et 

seq. 

PURPOSE(S): 

FECA establishes the system for 

processing and adjudicating claims that 

Federal employees and other covered 

individuals file with the Department’s 

OWCP seeking monetary, medical and 

similar benefits for injuries or deaths 

sustained while in the performance of 

duty. The records maintained in this 

system are created as a result of and are 

necessary to this process. The records 

provide information and verification 

about the individual’s employmentrelated injury and the resulting 

disabilities and/or impairments, if any, 

on which decisions awarding or 

denying benefits provided under the 

FECA must be based. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those Department-wide 

routine uses set forth in the General 

Prefatory Statement to this document, 

disclosure of information from this 

system of records may be made to the 

following individuals and entities for 

the purposes noted when the purpose of 

the disclosure is both relevant and 

necessary and is compatible with the 

purpose for which the information was 

collected: 

a. To any attorney or other 

representative of a FECA beneficiary for 

the purpose of assisting in a claim or 

litigation against a third party or parties 

potentially liable to pay damages as a 

result of the FECA beneficiary’s FECAcovered injury and for the purpose of 

administering the provisions of 

§§ 8131–8132 of FECA. Any such third 

party, or a representative acting on that 

third party’s behalf, may be provided 

information or documents concerning 

the existence of a record and the amount 

and nature of compensation paid to or 

on behalf of the FECA beneficiary for 

the purpose of assisting in the 

resolution of the claim or litigation 

against that party or administering the 

provisions of §§ 8131–8132 of FECA. 

b. To Federal agencies that employed 

the claimant at the time of the 

occurrence or recurrence of the injury or 

occupational illness in order to verify 

billing, to assist in administering FECA, 

to answer questions about the status of 

the claim, to consider rehire, retention 

or other actions the agency may be 

required to take with regard to the claim 

or to permit the agency to evaluate its 

safety and health program. Disclosure to 

Federal agencies, including the 

Department of Justice, may be made 

where OWCP determines that such 

disclosure is relevant and necessary for 

the purpose of providing assistance in 

regard to asserting a defense based upon 

FECA’s exclusive remedy provision to 

an administrative claim or to litigation 

filed under the Federal Tort Claims Act. 

c. To other Federal agencies, other 

Government or private entities and to 

private-sector employers as part of 

rehabilitation and other return-to-work 

programs and services available through 

OWCP, where the entity is considering 

hiring the claimant or where otherwise 

necessary as part of that return-to-work 

effort. 

d. To Federal, State or private 

rehabilitation agencies and individuals 

to whom the claimant has been referred 

for evaluation of rehabilitation and 

possible reemployment. 

e. To physicians, pharmacies, and 

other health care providers for their use 

in treating the claimant, in conducting 

an examination or preparing an 

evaluation on behalf of OWCP and for 

other purposes relating to the medical 

management of the claim, including 

evaluation of and payment for charges 

for medical and related services and 

supplies. 

f. To medical insurance or health and 

welfare plans (or their designees) that 

cover the claimant in instances where 

OWCP has paid for treatment of a 

medical condition that is not 

compensable under FECA, or where a 

medical insurance plan or health and 

welfare plan has paid for treatment of a 

medical condition that may be 

compensable under FECA, for the 

purpose of resolving the appropriate 

source of payment in such 

circumstances. 

g. To labor unions and other 

voluntary employee associations from 

whom the claimant has requested 

assistance for the purpose of providing 

such assistance to the claimant. 

h. To a Federal, State or local agency 

for the purpose of obtaining information 

relevant to a determination concerning 

initial or continuing eligibility for FECA 

benefits, and for a determination 

concerning whether benefits have been 

or are being properly paid, including 

whether dual benefits that are 

prohibited under any applicable Federal 

or State statute are being paid; and for 

the purpose of utilizing salary offset and 

debt collection procedures, including 

those actions required by the Debt 

Collection Act of 1982, to collect debts 

arising as a result of overpayments of 

FECA compensation and debts 

otherwise related to the payment of 

FECA benefits. 

i. To the Internal Revenue Service 

(IRS) for the purpose of obtaining 

taxpayer mailing addresses for the 

purposes of locating a taxpayer to 

collect, compromise, or write-off a 

Federal claim against such taxpayer; 

and informing the IRS of the discharge 

of a debt owed by an individual. 

Records from this system of records may 

be disclosed to the IRS for the purpose 

of offsetting a Federal claim from any 

income tax refund that may be due to 

the debtor. 

j. To OSHA for the purpose of using 

injury reports filed by Federal agencies 

pursuant to FECA to fulfill agency 

injury reporting requirements. 

Information in this system of records 

may be disclosed to OSHA by 

employing agencies as part of any 

Management Information System 

established under OSHA regulations to 

monitor health and safety. 

k. To contractors providing services to 

the Department or any other Federal 

agency or any other individual or entity 

specified in any of these routine uses or 

in the Department’s General Prefatory 

Statement who require the data to 

perform the services that they have 

contracted to perform, provided that 

those services are consistent with the 

routine use for which the information 

was disclosed to the contracting entity. 

Should such a disclosure be made to the 

contractor, the individual or entity 

making such disclosure shall insure that 

the contractor complies fully with all 

Privacy Act provisions, including those 

prohibiting unlawful disclosure of such 

information. 

l. To the Defense Manpower Data 

Center—Department of Defense and the 

United States Postal Service to conduct 

computer matching programs for the 

purpose of identifying and locating 

individuals who are receiving Federal 

salaries or benefit payments and are 

delinquent in their repayment of debts 

owed to the United States under 

programs administered by the 

Department in order to collect the debts 

under the provisions of the Debt 

Collection Act of 1982 (Pub. L. 97–365) 

by voluntary repayment, or by salary or 

administrative offset procedures. 

m. To a credit bureau for the purpose 

of obtaining consumer credit reports 

identifying the assets, liabilities, 

expenses, and income of a debtor in 

order to ascertain the debtor’s ability to 

repay a debt incurred under FECA, to 


pmangrum on DSK3VPTVN1PROD with NOTICES
1740 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

collect the debt, or to establish a 

payment schedule. 

n. To consumer reporting agencies as 

defined by § 603(f) of the Fair Credit 

Reporting Act (15 U.S.C. 1681a(f)) or in 

accordance with § 3(d)(4)(A)(ii) of the 

Federal Claims Collection Act of 1966 as 

amended (31 U.S.C. 3711(f)) for the 

purpose of encouraging the repayment 

of an overdue debt, the amount, status 

and history of overdue debts, the name 

and address, taxpayer identification 

(SSN), and other information necessary 

to establish the identity of a debtor, the 

agency and program under which the 

claim arose, may be disclosed pursuant 

to 5 U.S.C. 552a(b)(12). 

o. To a Member of Congress or to a 

Congressional staff member in response 

to an inquiry made by an individual 

seeking assistance who is the subject of 

the record being disclosed for the 

purpose of providing such assistance. 

p. To individuals, and their attorneys 

and other representatives, and 

Government agencies, seeking to enforce 

a legal obligation on behalf of such 

individual or agency, to pay alimony 

and/or child support for the purpose of 

enforcing such an obligation, pursuant 

to an order of a State or local court of 

competent jurisdiction, including 

Indian tribal courts, within any State, 

territory or possession of the United 

States, or the District of Columbia or to 

an order of a State agency authorized to 

issue income withholding notices 

pursuant to State or local law or 

pursuant to the requirements of § 666(b) 

of title 42, U.S.C., or for the purpose of 

denying the existence of funds subject 

to such legal obligation. 

q. To the National Institute for 

Occupational Safety and Health 

(NIOSH), for the purpose of performing 

statistical analyses of injury and illness 

patterns to identify patterns and 

locations of high incidence, help devise 

safety and return-to-work interventions, 

and guide worker safety and health 

research. The statistical analyses 

performed by NIOSH will assist OWCP 

and OSHA in their efforts to reduce the 

occurrence of employment injuries, 

assist employees in achieving a smooth 

transition and return to work following 

employment injuries, and improve 

Federal employee safety and health. 

Note: Disclosure of information contained 

in this system of records to the subject of the 

record, a person who is duly authorized to 

act on his or her behalf, or to others to whom 

disclosure is authorized by these routine 

uses, may be made over the telephone or by 

electronic means. Disclosure over the 

telephone or by electronic means will only be 

done where the requestor provides 

appropriate identifying information. 

Telephonic or electronic disclosure of 

information is essential to permit efficient 

administration and adjudication of claims 

under FECA. Pursuant to 5 U.S.C. 552a(b)(1), 

information from this system of records may 

be disclosed to members and staff of the 

Employees’ Compensation Appeals Board, 

the Office of Administrative Law Judges, the 

Office of the Solicitor and other components 

of the Department that have a need for the 

record in the performance of their duties. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

The amount, status and history of 

overdue debts, the name and address, 

taxpayer identification (SSN), and other 

information necessary to establish the 

identity of a debtor, the agency and 

program under which the claim arose, 

may be disclosed pursuant to 5 U.S.C. 

552a(b)(12) to consumer reporting 

agencies as defined by § 603(f) of the 

Fair Credit Reporting Act (15 U.S.C. 

1681a(f)) or in accordance with 

§ 3(d)(4)(A)(ii) of the Federal Claims 

Collection Act of 1966 as amended (31 

U.S.C. 3711(f)) for the purpose of 

encouraging the repayment of an 

overdue debt. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Files are stored electronically and/or 

on paper. 

RETRIEVABILITY: 

Files and automated data are retrieved 

after identification by coded file number 

and/or Social Security Number which is 

cross-referenced to employee by name, 

employing establishment, and date and 

nature of injury. Since the electronic 

case management files were created in 

1975, these electronic files are located 

in District Offices that have jurisdiction 

over the claim, and (as noted above 

under ‘‘System location’’), a complete 

central data base is maintained at the 

location of the contractor. Prior to 1975, 

a paper index file was maintained; these 

records were transferred to microfiche 

and are located in the national office. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data and locked 

locations for paper files. Only personnel 

having an appropriate security clearance 

may handle or process security files. 

RETENTION AND DISPOSAL: 

All case files and automated data 

pertaining to a claim are destroyed 15 

years after the case file has become 

inactive. Case files that have been 

scanned to create electronic copies are 

destroyed after the copies are verified. 

Electronic data is retained in its most 

current form only, and as information is 

updated, outdated information is 

deleted. Some related financial records 

are retained only in electronic form, and 

destroyed six years and three months 

after creation or receipt. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director for Federal Employees’ 

Compensation, Office of Workers’ 

Compensation Programs, 200 

Constitution Avenue NW., Room S– 

3229, Washington, DC 20210. 

NOTIFICATION PROCEDURE: 

An individual wishing to inquire 

whether this system of records contains 

information about him/her may write or 

telephone the OWCP district office that 

services the state in which the 

individual resided or worked at the time 

he or she believes a claim was filed. In 

order for the record to be located, the 

individual must provide his or her full 

name, OWCP claim number (if known), 

date of injury (if known), and date of 

birth. 

RECORD ACCESS PROCEDURES: 

Any individual seeking access to nonexempt information about a case in 

which he/she is a party in interest may 

write or telephone the OWCP district 

office where the case is located, or the 

systems manager, and arrangements will 

be made to provide review of the file. 

Access to copies of documents 

maintained by the employing agency 

may be secured by contacting that 

agency’s designated disclosure officials. 

CONTESTING RECORD PROCEDURES: 

Specific materials in this system have 

been exempted from certain Privacy Act 

provisions regarding the amendment of 

records. The section of this notice 

entitled ‘‘Systems exempted from 

certain provisions of the Act,’’ indicates 

the kind of materials exempted, and the 

reasons for exempting them. Any 

individual requesting amendment of 

non-exempt records should contact the 

appropriate OWCP district office, or the 

system manager. Individuals requesting 

amendment of records must comply 

with the Department’s Privacy Act 

regulations at 29 CFR 71.1 and 71.9, and 

with the regulations found at 20 CFR 

10.12 (1999). 

RECORD SOURCE CATEGORIES: 

Injured employees; beneficiaries; 

employing Federal agencies; other 

Federal agencies; physicians; hospitals; 

clinics; suppliers of health care 

products and services and their agents 

and representatives; educational 

institutions; attorneys; Members of 

Congress; OWCP field investigations; 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1741 

State governments; consumer credit 

reports; agency investigative reports; 

correspondence with the debtor 

including personal financial statements; 

records relating to hearings on the debt; 

and other Department systems of 

records. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

In accordance with 5 U.S.C. 

552a(k)(2), investigative material in this 

system of records compiled for law 

enforcement purposes is exempt from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(H) and (I), and (f) of 5 U.S.C. 552a, 

provided, however, that if any 

individual is denied any right, privilege, 

or benefit that he or she would 

otherwise be entitled to by Federal law, 

or for which he or she would otherwise 

be eligible, as a result of the 

maintenance of these records, such 

material shall be provided to the 

individual, except to the extent that the 

disclosure of the material would reveal 

the identity of a source who furnished 

information to the Government under an 

express promise that the identity of the 

source would be held in confidence, or 

prior to January 1, 1975, under an 

implied promise that the identity of the 

source would be held in confidence. 

IX. Publication of a Fourth Proposed 

Amended System of Records 

DOL/ETA–7, Employer Application 

and Attestation File for Permanent and 

Temporary Alien Workers, is proposed 

to be amended by revising the 

‘‘Categories of individuals covered by 

the system’’ to more accurately describe 

that the only employers who are 

covered by this system of records are 

household employers of permanent or 

temporary alien workers. In addition, 

minor changes in the categories for 

‘‘System location,’’ ‘‘Categories of 

individuals covered by the system,’’ 

‘‘Routine uses,’’ ‘‘Storage,’’ 

‘‘Retrievability,’’ ‘‘System manager and 

address’’ and ‘‘Record source’’ are 

proposed for amendment. For the 

convenience of the reader the amended 

system is republished in full as follows: 

DOL/ETA–7 

SYSTEM NAME: 

Employer Application and Attestation 

File for Permanent and Temporary 

Alien Workers. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Office of Foreign Labor Certifications, 

Employment and Training 

Administration (ETA), Frances Perkins 

Building, 200 Constitution Avenue NW., 

Washington, DC 20210, ETA National 

Processing Centers, and contractor 

offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Employers applying for labor 

certifications on behalf of alien workers 

for job opportunities, on a permanent or 

temporary basis, in private households. 

The alien may be known or unknown. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Employers’ names, addresses, type 

and size of businesses, production data, 

number of workers needed in certain 

cases, offer of employment terms to 

known or unknown aliens, and 

background and qualifications of certain 

aliens, along with resumes and 

applications of U.S. workers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Immigration and Nationality Act, as 

amended, 8 U.S.C. 1101(a)(15)(H)(i), and 

(ii), 1184(c), 1182(m) and (n), 

1182(a)(5)(a), 1188, and 1288. Section 

122 of Pub. L. 101–649. 8 CFR 214.2(h). 

PURPOSE(S): 

To maintain a record of applicants 

and actions taken by ETA on requests to 

employ alien workers. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

The universal routine uses listed in 

the General Prefatory Statement to this 

document apply to this system of 

records. In addition, case files 

developed in processing labor 

certification applications, labor 

condition applications, or labor 

attestations, are released: to the 

employers who filed such applications, 

their representatives, and to named 

alien beneficiaries or their 

representatives, if requested, to review 

ETA actions in connection with appeals 

of denials before the Office of 

Administrative Law Judges (OALJ) and 

Federal Courts; to participating agencies 

such as the DOL Office of Inspector 

General, DOL Wage and Hour Division, 

Department of Homeland Security, and 

Department of State in connection with 

administering and enforcing related 

immigration laws and regulations; and 

to the OALJ and Federal Courts in 

connection with appeals of denials of 

labor certification requests, labor 

condition applications, and labor 

attestations. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Manual and/or computerized files are 

stored in the national office, and each of 

the ETA National Processing Centers. 

RETRIEVABILITY: 

Records are retrieved by employer 

name, case number, occupational type, 

alien name, attorney/agent name, 

attorney/agent firm name, application 

year, re-file information, and area of 

intended employment. 

SAFEGUARDS: 

Access to records is provided only to 

authorized personnel. The 

computerized data has a double security 

access: (1) Initial password entry to the 

local area network; and (2) restricted 

access to alien certification data is given 

only to those employees with a need to 

know the data for performance of their 

official duties. 

RETENTION AND DISPOSAL: 

A case file is retained in the office for 

two years, then transferred to a records 

center for destruction after three 

additional years. 

SYSTEM MANAGER(S) AND ADDRESS: 

Administrator, Office of Foreign Labor 

Certifications, U.S. Office of Workforce 

Security, ETA, 200 Constitution Avenue 

NW., Washington, DC 20210. 

NOTIFICATION PROCEDURE: 

Inquiries concerning this system can 

be directed to the system manager listed 

above. 

RECORD ACCESS PROCEDURES: 

Individuals can request access by 

mailing a request to the appropriate 

System Manager listed above. 

CONTESTING RECORD PROCEDURES: 

Individuals wanting to contest or 

amend information maintained in this 

system should direct their written 

request to the appropriate system 

manager listed above. The request to 

amend should state clearly and 

concisely what information is being 

contested, the reasons for contesting, 

and the proposed amendment to the 

information sought. 

RECORD SOURCE CATEGORIES: 

Information comes from labor 

certification applications, labor 

condition applications, and labor 

attestations completed by employers. 

Certain information is furnished by 

named alien beneficiaries of labor 

certification applications, State 

workforce agencies, and the resumes 

and applications of U.S. workers. 


pmangrum on DSK3VPTVN1PROD with NOTICES
1742 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

X. Publication of a Fifth Proposed 

Amended System of Records 

DOL/OSEC–1, Supervisor’s/Team 

Leader’s Records of Employees, is 

proposed to be amended by adding an 

additional routine use to the category 

for ‘‘Routine uses,’’ which will permit 

information to be provided to 

professional licensing organizations 

such as those for attorneys, accountants, 

and physicians. In addition, minor 

changes are proposed to the categories 

for ‘‘System location,’’ ‘‘Categories of 

records in the system,’’ and for ‘‘Record 

sources.’’ For the convenience of the 

reader, the amended system is 

republished in full as follows: 

DOL/OSEC–1 

SYSTEM NAME: 

Supervisor’s/Team Leader’s Records 

of Employees. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Records of membership in 

professional licensing organizations 

such as those for attorneys, accountants 

and physicians will be maintained in 

the supervisor’s offices and in the 

national and regional Human Resources 

Offices. Emergency addressee 

information may be kept at the 

residence of or upon the supervisor’s 

person when appropriate. 

Note: Requests for a reasonable 

accommodation are made to supervisors. The 

Civil Rights Center may temporarily maintain 

a copy of such requests and of the medical 

documents submitted by the employee when 

the Public Health Service (PHS) physician 

completes his or her review of the request. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current employees, employees who 

have retired or left the office within the 

last 12 months, and employees who 

have been separated from the office or 

Department for more than 12 months for 

whom the former supervisor/team 

leader has retained records. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records related to individuals while 

employed by the Department and which 

contain such information as: Record of 

employee/supervisor discussions, 

supervisor(s)/team leader(s) 

observations, supervisory copies of 

officially recommended actions, reports 

of Federal Telecommunications System 

telephone usage containing call detail 

information, awards, disciplinary 

actions, emergency addressee 

information, flexiplace records, reports 

of on-the-job accidents, injuries, or 

illnesses, correspondence from 

physicians or other health care 

providers, training requests, requests for 

regular leave, advanced leave, family 

and medical leave, and records of 

membership in professional licensing 

organizations such as those for 

attorneys, accountants and physicians. 

The system also contains records 

relating to requests for reasonable 

accommodation and/or leave, including 

medical documents submitted by 

employees, as well as reports and 

records by the PHS physicians who 

have reviewed the accommodation 

requests. 

The system also contains labor 

relations materials such as performance 

improvement plans, reprimands, 

suspensions of less than 14 days, leave 

restrictions and related materials. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301, 1302, 2951, 4118, 

Reorganization Plan 6 of 1950, and the 

Civil Service Reform Act of 1978. The 

Rehabilitation Act and the Americans 

with Disabilities Act. 

PURPOSE(S): 

To maintain a file for the use of 

supervisor(s)/team leader(s) in 

performing their responsibilities and to 

support specific personnel actions 

regarding employees. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES: 

In addition to the universal routine 

uses listed in the General Prefatory 

Statement to this document, the 

following routine uses apply to this 

system of records: 

a. Selected information may be 

disclosed at appropriate stages of 

investigation and adjudication to the 

Department’s Civil Rights Center, Merit 

Systems Protection Board, Office of 

Special Counsel, Federal Labor 

Relations Authority, Equal Employment 

Opportunity Commission, arbitrators, or 

the courts for the purposes of satisfying 

requirements related to investigation of 

or litigation related to alleged 

discrimination, prohibited personnel 

practices, and unfair labor practices. 

b. Records relating to a request for a 

reasonable accommodation may be 

referred to PHS or other physicians for 

their review and evaluation of the 

request. 

c. Data may be disclosed to medical 

providers for the purpose of evaluating 

sick leave absences based upon illness 

or injury. 

d. Information may be disclosed to 

professional licensing organizations 

such as those for attorneys, accountants, 

and physicians for the purpose of 

confirming the membership status of the 

employee. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES FOR STORING, RETRIEVING, ACCESSING, 

RETAINING, AND DISPOSING OF RECORDS IN THE

SYSTEM: 

STORAGE: 

Records are maintained in electronic 

and/or paper files. 

RETRIEVABILITY: 

By name of employee or other 

identifying information. 

SAFEGUARDS: 

Access by authorized personnel only. 

Computer security safeguards are used 

for electronically stored data, and 

locked locations for paper files. 

RETENTION AND DISPOSAL: 

Records are maintained on current 

employees. Records on former 

employees are kept for one year, and 

then may be destroyed. 

SYSTEM MANAGER(S) AND ADDRESS: 

All supervisor(s)/team leader(s) 

having responsibility for performance 

management plans, performance 

standards, or ratings. 

NOTIFICATION PROCEDURE: 

An individual may inquire whether 

the system contains a record pertaining 

to her/him by contacting the supervisor/ 

team leader who completes his/her 

performance standards and rating. 

RECORD ACCESS PROCEDURES: 

A request for access must be 

addressed to the appropriate system 

manager listed above. Individuals must 

furnish their name in order for their 

records to be located and identified. 

CONTESTING RECORD PROCEDURES: 

A petition for amendments shall be 

addressed to the appropriate system 

manager. 

RECORD SOURCE CATEGORIES: 

Information is supplied by the 

individual, supervisor(s)/team leader(s), 

agency officials, medical providers, coworkers, and professional licensing 

organizations such as those for 

attorneys, accountants and physicians. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 2012–345 Filed 1–10–12; 8:45 am] 

BILLING CODE 4510–23–P 


pmangrum on DSK3VPTVN1PROD with NOTICES