Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices 8289 

1See FACT SHEET: Biden Administration 

Roadmap to Build an Economy Resilient to Climate 

Change Impacts | The White House (available at 

https://www.whitehouse.gov/briefing-room/ 

statements-releases/2021/10/15/fact-sheet-bidenadministration-roadmap-to-build-an-economyresilient-to-climate-change-impacts/) (Oct. 14, 

2021). 

2See https://home.treasury.gov/system/files/261/ 

FSOC-Climate-Report.pdf. 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Z–RIN 1210–ZA30 

Request for Information on Possible 

Agency Actions to Protect Life Savings 

and Pensions from Threats of ClimateRelated Financial Risk 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Request for Information. 

SUMMARY: The Employee Benefits 

Security Administration (EBSA) is 

issuing this Request for Information 

(RFI), in furtherance of the Executive 

Order on Climate-Related Financial 

Risk, to solicit public input on EBSA’s 

future work relating to retirement 

savings and climate-related financial 

risk. EBSA’s efforts will focus on agency 

actions that can be taken under the 

Employee Retirement Income Security 

Act of 1974 (ERISA), the Federal 

Employees’ Retirement System Act of 

1986 (FERSA), and any other relevant 

laws, to protect the life savings and 

pensions of U.S. workers and families 

from the threats of climate-related 

financial risk. 

DATES: Submit written comments on or 

before May 16, 2022. 

ADDRESSES: You may submit written 

comments, identified by Z–RIN 1210– 

ZA30, to either of the following 

addresses: 

D Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Mail: Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration, Room N–5655, 

U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, Attention: Request for 

Information on Possible Agency 

Actions. 

Instructions: All submissions received 

must include the agency name and 

Regulatory Identifier Number (Z–RIN). 

Persons submitting comments 

electronically are encouraged not to 

submit paper copies. Comments will be 

available to the public, without charge, 

online at www.regulations.gov and 

www.dol.gov/agencies/ebsa and at the 

Public Disclosure Room, Employee 

Benefits Security Administration, Suite 

N–1513, 200 Constitution Avenue NW, 

Washington, DC 20210. Warning: Do not 

include any personally identifiable or 

confidential business information that 

you do not want publicly disclosed. 

Comments are public records posted on 

the internet as received and can be 

retrieved by most internet search 

engines. 

FOR FURTHER INFORMATION CONTACT: For 

information pertaining to this Request 

for Information, contact Fred Wong or 

Colleen Brisport Sequeda, Office of 

Regulations and Interpretations, 

Employee Benefits Security 

Administration, (202) 693–8500. This is 

not a toll-free number. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Climate-Related Financial Risk 

On May 20, 2021, President Biden 

signed Executive Order 14030 on 

Climate-Related Financial Risks (the 

Order). The Order outlined a whole-ofgovernment approach to mitigating 

climate-related financial risk and to 

safeguarding the financial security of 

America’s workers, families, and 

businesses from the threat that climate 

change poses to their life savings. 

Section 4 of the Order directed the 

Department of Labor (Department) to 

ensure the resilience of workers’ life 

savings and pensions through a series of 

actions. 

Those actions included directing the 

Department to ‘‘consider publishing, by 

September 2021, for notice and 

comment a proposed rule to suspend, 

revise, or rescind ‘Financial Factors in 

Selecting Plan Investments,’ 85 FR 

72846 (November 13, 2020), and 

‘Fiduciary Duties Regarding Proxy 

Voting and Shareholder Rights,’ 85 FR 

81658 (December 16, 2020).’’ Pursuant 

to the Order, on October 14, 2021, the 

Department proposed a rule under 

ERISA to empower plan fiduciaries to 

safeguard the savings of America’s 

workers by making it clear that 

fiduciaries may consider climate change 

and other ESG factors when they make 

investment decisions and when they 

exercise shareholder rights, including 

voting on shareholder resolutions and 

board nominations. 

In addition, on October 15, 2021, the 

Administration released a 

comprehensive, government-wide 

strategy to measure, disclose, manage, 

and mitigate the systemic risks climate 

change poses to American families, 

businesses, and the economy in the 

form of a report entitled ‘‘A Roadmap to 

Build a Climate-Resilient Economy.’’ 1

The report points out that climate 

change poses serious and systemic risks 

to the U.S. economy and financial 

system. As outlined in this report, the 

U.S. government is using all of its tools 

to properly account for and mitigate 

climate change-related financial and 

economic risks, as climate impacts are 

already affecting American jobs, homes, 

families’ hard-earned savings, and 

businesses. In a report issued on 

October 21, 2021, the Financial Stability 

Oversight Council (FSOC) identifies 

climate change as an emerging threat to 

U.S. financial stability.2 That report 

includes recommendations to U.S. 

financial regulators laying out actions to 

identify and address climate-related 

risks to the financial system and 

promote the resilience of the financial 

system to those risks. 

This RFI is intended to further the 

goals of the Order and the Roadmap by 

assisting the Department in identifying 

steps that it can take under applicable 

law to further protect the life savings 

and pensions of U.S. workers and 

families from the threats of climaterelated financial risk. 

B. Employee Retirement Income 

Security Act of 1974 

The Employee Retirement Income 

Security Act of 1974, as amended 

(ERISA), covers retirement plans 

(including traditional defined benefit 

pension plans and individual account 

defined contribution plans such as 

401(k) plans) and welfare benefit plans 

(e.g., employment based medical and 

hospitalization benefits, apprenticeship 

plans, and other plans described in 

section 3(1) of Title I) of most privatesector employers. The goal of Title I of 

ERISA is to protect the interests of 

participants and their beneficiaries in 

employee benefit plans. Plan sponsors 

must design and administer their plans 

in accordance with ERISA. Among other 

things, Title I of ERISA requires that 

sponsors of private employee benefit 

plans provide participants and 

beneficiaries with adequate information 

regarding their plans. Also, those 

individuals who manage plans (and 

other fiduciaries) must meet certain 

standards of conduct, derived from the 

common law of trusts and made 

applicable (with certain modifications) 

to all fiduciaries. The law also contains 

detailed provisions for reporting to the 

government and disclosure to 

participants. Furthermore, there are 

civil enforcement provisions aimed at 

assuring that plan funds are protected 

and that participants who qualify 

receive their benefits. Title II of ERISA 


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8290 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices 

3 5 U.S.C. App. (2018). 

4 86 FR 27967 (May 25, 2021). 

5 Id at Section 4(a). 

6 86 FR 7037 (January 25, 2021). 

7 86 FR 57272 (October 14, 2021). 

8Executive Order 14030 Section 4(b) and 

Executive Order 13990 Section 2. 

9See ‘‘Financial Factors in Selecting Plan 

Investments,’’ 85 FR 72846 (November 13, 2020), 

and ‘‘Fiduciary Duties Regarding Proxy Voting and 

Shareholder Rights,’’ 85 FR 81658 (December 16, 

2020). 

contains standards that must be met by 

employee retirement benefit plans in 

order to qualify for favorable tax 

treatment. 

The administration of ERISA is shared 

among the U.S. Department of Labor 

(Department), the Department of the 

Treasury and the Internal Revenue 

Service (IRS), and the Pension Benefit 

Guaranty Corporation (PBGC). The 

Department administers Title I of 

ERISA, which contains rules for 

reporting and disclosure, vesting, 

participation, funding, fiduciary 

conduct, and civil enforcement. The IRS 

administers Title II of ERISA, which 

was codified in the Internal Revenue 

Code (Code) and is periodically 

amended to establish requirements that 

must be met by employee retirement 

benefit plans to qualify for favorable tax 

treatment. Some of the Code provisions 

are parallel to some of the Title I rules. 

Title III is concerned with jurisdictional 

matters and with coordination of 

enforcement and regulatory activities by 

the Department and IRS. Title IV covers 

the insurance program for defined 

benefit pension plans and is 

administered by the PBGC. 

Prior to a 1978 reorganization, there 

was some overlapping responsibility for 

administration of the parallel provisions 

of Title I of ERISA and the tax code by 

the Department and the IRS, 

respectively.3 As a result of this 

reorganization, the Department has 

primary responsibility for reporting, 

disclosure, and fiduciary requirements; 

and the IRS has primary responsibility 

for participation, vesting, and funding 

issues. However, the Department 

continues to have a role in those areas 

and works with the IRS on matters that 

materially affect the rights of 

participants, regardless of primary 

responsibility. 

C. Federal Employees Retirement 

System Act of 1986 

The Federal Employees’ Retirement 

System Act of 1986 (Pub. L. 99–335) 

(FERSA) established the Federal 

Employees’ Retirement System (FERS) 

for Federal employees, postal 

employees, and Members of Congress. 

The FERS has three elements: (1) Social 

Security; (2) the FERS basic retirement 

annuity and FERS supplement; and (3) 

the Thrift Savings Plan (TSP), which is 

a tax-deferred retirement savings plan 

similar to cash or deferred arrangements 

established for private-sector employees 

under section 401(k) of the Code. 

FERSA also established in the executive 

branch the Federal Retirement Thrift 

Investment Board (FRTIB) to be 

responsible for administering the TSP. 

The Department exercises specified 

statutory authority under FERSA. For 

example, EBSA is charged with 

establishing a program to carry out 

audits to determine the level of TSP 

compliance with FERSA requirements 

relating to fiduciary responsibilities. In 

addition, FERSA also provides the 

Department with authority to prescribe 

regulations regarding fiduciary 

responsibility and prohibited 

transaction provisions to carry out 5 

U.S.C. 8477. 

D. Executive Orders 

The President’s May 20, 2021, 

Executive Order 14030 on ClimateRelated Financial Risk (the Order) states 

that the ‘‘intensifying impacts of climate 

change present physical risks to assets, 

publicly traded securities, private 

investments, and companies,’’ and that 

‘‘the global shift away from carbonintensive energy sources and industrial 

processes presents transition risks to 

many companies, communities, and 

workers.’’ 4 Furthermore, the Order 

points out that the failure to 

appropriately and adequately account 

for and measure these physical and 

transition risks threatens the 

competitiveness of U.S. companies and 

markets, and the life savings and 

pensions of U.S. workers and families. 

The Order sets forth the policy of the 

Administration to advance disclosure of 

climate-related financial risk (consistent 

with Executive Order 13707 of 

September 15, 2015), and to act to 

mitigate that risk and its drivers. 

Section 4(a) of the Order directs the 

Department to identify agency actions 

that can be taken under ERISA, FERSA, 

and any other relevant laws to protect 

the life savings and pensions of U.S. 

workers and families from the threats of 

climate-related financial risk.5

The May 20 Executive Order 

complements the President’s January 20, 

2021 Executive Order 13990 on 

Protecting Public Health and the 

Environment and Restoring Science to 

Tackle the Climate Crisis, which 

acknowledges the Nation’s ‘‘abiding 

commitment to empower our workers 

and communities; promote and protect 

our public health and the environment,’’ 

and sets forth the policy of the 

Administration to listen to the science, 

improve public health and protect our 

environment, and bolster resilience to 

the impacts of climate change.6

This RFI is limited to the matters 

within the scope of section 4(a) of 

Executive Order 14030, as addressed in 

the Request for Comments section of 

this document. This RFI does not solicit 

comments on recently proposed 

amendments to the Department’s 

Investment Duties throughout regulation 

(29 CFR 2550. 404a–1) published on 

October 14, 2021.7 That proposal was 

published after the Department, 

pursuant to the two Executive Orders,8

conducted a review of final rules 

adopted in late 2020 that amended the 

Investment Duties regulation and 

created uncertainty as to whether a 

fiduciary may consider climate change 

and other environmental, social, or 

governance (ESG) factors in selecting 

investments and investment courses of 

action, and exercising shareholder 

rights, such as proxy voting.9 The 

comment period on that proposal ended 

December 13, 2021. 

II. Request for Comments 

General 

1. Please provide your views on how 

EBSA should address and implement 

the action items set forth for EBSA in 

Executive Order 14030 on ClimateRelated Financial Risk. Specifically, 

what agency actions can be taken under 

ERISA, FERSA, and any other relevant 

laws to protect the lifesavings and 

pensions of U.S. workers and families 

from the threats of climate-related 

financial risk? 

2. Executive Order 14030 uses the 

phrase ‘‘climate-related financial risk’’ 

to encompass a wide variety of risks 

under two broad categories: Physical 

risks and transition risks. What are the 

most significant climate-related 

financial risks to retirement savings and 

why? 

Data Collection Regarding ERISACovered Plans 

3. Should EBSA collect data on 

climate-related financial risk for plans? 

If so, please specify with as much 

precision as possible what information 

EBSA could and should collect, 

potential sources of such information, as 

well as how EBSA should collect it. 

4. Should EBSA use Form 5500 

Annual Return/Report (‘‘Form 5500’’) to 

collect data on climate-related financial 

risk to pension plans? For example, 

EBSA could add questions to the Form 

5500 to collect data on climate-related 

financial risks to retirement plans and 


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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices 8291 

10The Department solicited comments on this 

topic in 2016, but received very limited 

information. See 81 FR 47534, 47564 (July 21, 

2016). This RFI is revisiting the question in light of 

section 4(a) of Executive Order 14030. 

11 5 U.S.C. 8438(f). 

12 5 U.S.C. 8477(a)(3), (b) and (c). 

13 5 U.S.C. 8477(g)(1). 

14 5 U.S.C. 8477(f). 

their service providers. For instance, the 

Form 5500 could try to collect 

information about whether and how 

plan investment policy statements 

specifically address climate-related 

financial risk, whether service providers 

disclose or meet metrics related to such 

financial risks, and whether and how 

plans have factored climate-related 

financial risk into their analysis of 

individual investments or investment 

courses of action. Similarly, the Form 

5500 could try to collect data on 

whether, and how, plan fiduciaries 

voted on proxy proposals involving 

climate-related financial risk. If you 

think EBSA should use the Form 5500 

to collect this, or similar, information, 

please specify the data that should be 

collected, how it should be presented as 

part of the Form 5500, and how 

collecting that data or information 

would help protect the life savings and 

pensions of U.S. workers and families 

from the threats of climate-related 

financial risk.10

5. Other than the Form 5500, are there 

other methods of collecting data on 

climate-related financial risks to plans 

that EBSA should consider? For 

instance, should the Department 

conduct an information request/survey 

on plan sponsor or employee awareness 

of such risks, and if so, should that 

information request categorize the 

information based on plan size, e.g., 

large plans versus small plans, or 

segmented in an other way? 

6. Should administrators of ERISA 

plans be required to publicly report on 

the steps they take to manage climaterelated financial risk and the results and 

outcomes of any such steps taken, in a 

form that is more easily accessible to the 

public, and timelier, than the Form 

5500? If so, what alternative to the Form 

5500 could be used for such a report, 

how should this report be compiled, 

what should be the contents, and how 

should it be made available to the 

public? 

ERISA Fiduciary Issues 

7. Changes in the financial markets, 

particularly an increased number of 

metrics and tools allowing for 

additional analyses of investments, give 

ERISA plan fiduciaries more 

information on which to make decisions 

on climate-related financial risk factors 

in evaluating the merits of competing 

investment choices. Some private sector 

sources are developing structured ESG 

research data for evaluating corporate 

performance. What are the best sources 

of information for plan fiduciaries to 

utilize in evaluating such risks with 

respect to plan investments? Are there 

difficulties or challenges in obtaining 

such information or comparing 

information from different sources? If 

so, what is the source or sources of 

those difficulties or challenges, and 

what are the solutions? 

8. Do any guaranteed lifetime income 

products (e.g., annuities) help 

individuals efficiently mitigate the 

effects of at least some climate-related 

financial risk? If so, what mitigation 

measures do these products take? 

Would such products constitute a safe 

and efficient strategy to transfer climaterelated financial risk from the 

participant/employee to the insurer/ 

guarantor? If so, should EBSA take steps 

to facilitate the inclusion of these 

products in ERISA-covered defined 

contribution plans? If so, what steps 

should be taken and what products 

should be considered, and why? Are 

there climate-focused annuities that 

plans could offer? 

FERSA 

9. 5 U.S.C. 8438 defines the specific 

types of investments that are 

permissible under the TSP. Given the 

scope of 5 U.S.C. 8438, what specific 

actions relating to FRTIB’s 

consideration of ESG factors, including 

climate-related financial risks, when 

making investment decisions could and 

should EBSA take, consistent with 

EBSA’s authority and role under 

FERSA, and why? 11

10. The Executive Director and the 

members of the FRTIB are TSP 

fiduciaries, and are subject to the 

fiduciary responsibility and prohibited 

transaction provisions set forth at 5 

U.S.C. 8477.12 FERSA requires the 

Department to, among other things, 

establish a program to carry out audits 

to determine the level of compliance 

with these standards and obligations.13

Those responsibilities have been 

delegated to EBSA, which implements a 

risk-based audit program that identifies 

risks and vulnerabilities, assesses the 

likelihood of harm from these risks and 

vulnerabilities, and considers the 

magnitude of potential damage 

associated with the various risks and 

vulnerabilities. FERSA also provides the 

Department with specific authority to 

prescribe regulations to carry out 5 

U.S.C. 8477.14 How can EBSA best 

conduct an audit program, consistent 

with its authority and role under 

FERSA, that identifies and assesses the 

risks and vulnerabilities posed to TSP 

by climate change? What types of 

questions should the audit program 

answer? What data sources should 

EBSA use to answer them? 

11. What policies and practices do 

managers of sovereign wealth funds or 

public pensions, in the United States or 

overseas, follow to help mitigate 

climate-related financial risks, and are 

these policies and practices significantly 

different from the policies and practices 

of managers of ERISA-covered plans? 

Which of these policies and practices 

could the Department or the FRTIB 

incorporate into their obligations under 

FERSA? 

12. A 2021 GAO Report recommended 

that FRTIB conduct a rigorous audit of 

TSP’s exposure to climate-related 

financial risk. What data, if any, should 

FRTIB collect on TSP’s exposure to 

climate-related financial risk? What 

types of data, if any, should it collect 

from asset managers regarding climaterelated financial risk? 

13. What information, if any, should 

the FRTIB collect on asset managers’ 

policies, including their consideration 

of climate change and ESG factors in 

their stewardship and investment 

decision-making, and how their actual 

behavior corresponds to their stated 

policies? How could this data inform 

FRTIB’s own decision-making and 

management of TSP? 

14. What actions, if any, should the 

TSP’s asset managers, take to 

incorporate climate-related financial 

risk, consistent with FERSA’s terms and 

their duty of prudence? 

15. The TSP’s fund offerings rely on 

passive index investing. Is there 

evidence that the indices relied upon by 

the TSP systematically underestimate or 

overestimate the risks associated with 

climate change, or that the market fails 

to appropriately factor in the risks 

associated with climate change in 

pricing publicly-traded assets? 

16. What analysis could FRTIB 

undertake to inform whether other 

possible indices may better take into 

account the risks posed by climate 

change? What analysis could FRTIB 

perform to weigh this feature against 

other characteristics of these indices 

such as their fees? What actions could 

FRTIB take to consider climate change 

and other material ESG factors in 

directing investment selection decisions 

for the TSP, consistent with FERSA’s 

statutory requirement that indices be 

‘‘commonly recognized’’ and a 

‘‘reasonably complete representation’’ of 

the market? 


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8292 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices 

15See, e.g., SEC Division of Examination Risk 

Alert https://www.sec.gov/files/esg-risk-alert.pdf. 

17. Other than investments, are there 

any incentives that could be offered to 

encourage more effective incorporation 

of climate-related financial risks into 

TSP, using the regulatory authority 

delegated to the Secretary or other 

administrative authorities under 

FERSA? 

18. Some material suggests that when 

plan participants know their plan offers 

ESG options, many will invest in them. 

See, e.g., ESG Options in 401(k) Plans 

Could Lead to Higher Contribution 

Rates According to Schroders Survey, 

(May 13, 2021), available at https://

www.schroders.com/en/us/privateinvestor/media-centre/retirementsurvey-2021-esg/ (when plan 

participants know their plan offers ESG 

options, 90% invest in them). In a 2017 

survey of TSP participants, twenty-two 

percent of respondents said they most 

want the TSP to offer a broader range of 

investment options. See Federal 

Retirement Thrift Investment Board: 

2017 Participant Satisfaction Survey, P. 

11, fig. 8 (2017) available at https://

www.frtib.gov/ReadingRoom/ 

SurveysPart/TSP-Survey-Results2017.pdf. Are there additional data 

suggesting, measuring, or otherwise 

indicating whether federal employees’ 

prefer ESG-focused investments? 

Miscellaneous 

19. Are there any legal or regulatory 

impediments that hinder managers of 

investments held in savings and 

retirement arrangements not covered by 

ERISA, such as IRAs, from taking steps 

to mitigate against climate-related 

financial risks to those investments? 

Does the absence of prudence and 

loyalty obligations with respect to these 

arrangements leave them vulnerable to 

climate-related financial risks? 

20. Should EBSA sponsor and publish 

research to improve data and analytics 

that ERISA plan fiduciaries could use to 

evaluate climate-related financial risks? 

If so, what research subjects should 

EBSA sponsor? 

21. Is there a need to educate 

participants, especially those 

responsible for making their own 

investment decisions in participantdirected individual account plans, about 

climate-related financial risks? If yes, 

what role, if any, should EBSA play in 

sponsoring and providing such 

education? In addition, what efforts, if 

any, should EBSA make to coordinate 

with the Securities and Exchange 

Commission on its efforts to inform and 

protect investors, especially individual 

investors such as plan participants, from 

potentially misleading statements about 

fund adherence to policies that address 

climate-related financial risk (often 

referred to as ‘‘greenwashing’’)? 15

22. Is there a need to educate owners 

of IRAs about climate-related financial 

risks? If yes, what role, if any, should 

EBSA play in assisting the IRS or States 

(for those having state automatic-IRA 

arrangements) in sponsoring and 

providing such education? 

Signed at Washington, DC, this 4th day of 

February, 2022. 

Ali Khawar, 

Acting Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2022–02798 Filed 2–11–22; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

[Docket No: DOL–2021–00##] 

Privacy Act of 1974; System of 

Records 

AGENCY: Employment and Training 

Administration (ETA). 

ACTION: Notice of a modified system of 

records. 

SUMMARY: As required by the Privacy 

Act of 1974, and Office of Management 

and Budget (OMB) Circular No. A–108, 

this modified Privacy Act System of 

Records is titled Foreign Labor 

Certification System and Employer 

Application Case Files, DOL/ETA–7. 

The system contains information 

provided by members of the public 

(Employers) who file labor certification 

applications, labor condition 

applications for permanent or temporary 

employment of foreign workers; 

employers who file requests for 

prevailing wage determinations that 

may support an application for 

temporary and permanent labor 

certification; agents and foreign labor 

recruiters whom employers may engage 

in the recruitment of prospective H–2B 

workers with regard to labor 

certification applications filed in the H– 

2B temporary employment program and 

all persons or entities hired by or 

working for such recruiters or agents 

and any agents or employees of those 

persons or entities. 

DATES: 

Comment Dates: We will consider 

comments that we receive on or before 

March 16, 2022. 

Applicable date: This notice is 

applicable upon publication, subject to 

a 30-day review and comment period for 

the routine uses. 

ADDRESSES: We invite you to submit 

comments on this notice. You may 

submit comments by any of the 

following methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail, hand delivery, or courier: 200 

Constitution Avenue NW, N–5311, 

Washington, DC. In your comment, 

specify Docket ID DOL–2021–00##. 

• Federal mailbox: https://dol.gov/ 

privacy. 

All comments will be made public by 

DOL and will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: To 

submit general questions about the 

system, contact Brian Pasternak by 

telephone at 202–513–7350, or by email 

at Pasternak.Brian@dol.gov. 

SUPPLEMENTARY INFORMATION: DOL is 

modifying a system of records, DOL/ 

ETA–7, subject to the Privacy Act of 

1974, 5 U.S.C. 552a. The purpose of this 

system of records is to house 

information provided by employers who 

file labor certification application; who 

request prevailing wage determinations 

that may support temporary or 

permanent labor certifications; agents 

and foreign labor recruiters whom 

employers may engage in the 

recruitment of prospective H–2B 

workers with regard to labor 

certification applications filed 

employment program, and all persons or 

entities hired by or working for such 

recruiters or agents and any agents, or 

employees of those persons or entities. 

The foreign worker is identified on 

applications for permanent employment 

certification, they are not identified nor 

listed on applications for temporary 

employment certification, prevailing 

wage determination, nor labor condition 

applications. 

The Department now proposes a 

change to an existing routine use to 

include disclosures to the Department of 

Justice (DOJ), Civil Rights Division, 

among the list of participating agencies 

with which the Department may share 

information from the system in 

connection with administering and 

enforcing related immigration laws and 

regulations. In addition, the Department 

is eliminating the term ‘‘alien’’ from the 

title and description of the system of 

records notice. The Civil Rights 

Division’s Immigrant and Employee 

Rights Section (IER) is responsible for 

enforcing the anti-discrimination 

provision of the Immigration and 

Nationality Act (INA), 8 U.S.C. 1324b. 


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