[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1728-1742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-345]


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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.

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SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document 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 <a href="/cdn-cgi/l/email-protection#10607c79737b3e7a7f6375607850747f7c3e777f66"><span class="__cf_email__" data-cfemail="e99985808a82c783869a8c9981a98d8685c78e869f">[email protected]</span></a>.

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 
Wage-Hour Division. These employers are

[[Page 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

[[Page 1730]]

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.

[[Page 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, on-line, 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 co-sponsor 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.

[[Page 1732]]

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.

[[Page 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 Sec.  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 Sec. Sec.  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.

[[Page 1734]]

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, Sec.  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 benefit-related 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

[[Page 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. Sec.  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. Sec.  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. Sec.  
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.

[[Page 1736]]

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

[[Page 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 Sec.  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 Sec. Sec.  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 Sec.  
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), in 
accordance with Sec.  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.

[[Page 1738]]

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 job-related 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

[[Page 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 employment-related 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 FECA-covered injury and for the purpose of 
administering the provisions of Sec. Sec.  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 Sec. Sec.  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

[[Page 1740]]

collect the debt, or to establish a payment schedule.
    n. To consumer reporting agencies as defined by Sec.  603(f) of the 
Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance with 
Sec.  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 Sec.  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 Sec.  603(f) 
of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance 
with Sec.  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 non-exempt 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;

[[Page 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.

[[Page 1742]]

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, co-workers, 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


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