[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8292-8295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03063]


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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.

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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:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail, hand delivery, or courier: 200 Constitution Avenue 
NW, N-5311, Washington, DC. In your comment, specify Docket ID DOL-
2021-00##.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#4d1d2c3e39283f232c26630f3f242c230d292221632a223b"><span class="__cf_email__" data-cfemail="cf9faebcbbaabda1aea4e18dbda6aea18faba0a3e1a8a0b9">[email protected]</span></a>.

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.

[[Page 8293]]

Privacy Act

    As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and 
implemented by the Office of Management and Budget (OMB) Circular A-
108, DOL has provided a report of this system of records to the Office 
of Information and Regulatory Affairs, Office of Management and Budget; 
the Chairman, Committee on Government Reform and Oversight, House of 
Representatives; and the Chairman, Committee on Governmental Affairs, 
United States Senate.

SYSTEM NAME AND NUMBER:
    Foreign Labor Certification System and Employer Application Case 
Files, DOL/ETA-7.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The U.S. Department of Labor (DOL) Office of Employment and 
Training Administration (ETA) owns the Foreign Labor Certification 
System and Employer Application Case Files records system, which is 
housed in secure alternative worksites, including employees' homes, 
within continental United States geographically satellite offices. All 
appropriate safeguards will be taken at these sites.

SYSTEM MANAGER(S):
    Brian Pasternak, Administrator, Office of Foreign Labor 
Certification, Employment and Training Administration, U.S. Department 
of Labor, N-5311, 200 Constitution Ave. NW, Washington, DC 20210.

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 Public Law 101-649. 8 CFR 214.2(h). 20 
CFR 655 Subpart A. 20 CFR 655.9.

PURPOSE(S) OF THE SYSTEM:
    To capture and maintain a record of applicants and actions taken by 
ETA on requests to employ foreign workers and requests for prevailing 
wage determinations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The Foreign Labor Certification System and Employer Application 
Case Files, DOL/ETA-7 contains records related to employers of foreign 
workers for both part-time and permanent employment. The 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.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Employers' names, addresses, type, and size of businesses to 
include annual gross revenue and proof of insurance coverage, 
production data, number of workers needed in certain cases, offer of 
employment terms to known or unknown beneficiaries, and background and 
qualifications of certain beneficiaries, along with resumes and 
applications of U.S. workers, employer provided source wage documents 
and surveys, names of agents and recruiters whom employers may engage 
in the recruitment of prospective H-2B workers, as well as the identity 
and location of all persons or entities hired by or working for such 
recruiters or agents, and any of the agents or employees of those 
persons and entities, engaged in recruitment of prospective workers for 
the H-2B job opportunities offered by the employer.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from labor 
certification applications, labor condition applications, and 
prevailing wage determination requests completed by employers. Certain 
information is furnished by named beneficiaries of permanent labor 
certification applications, State Workforce Agencies, and the resumes 
and applications of U.S. workers. Additional information is obtained 
from employer-provided surveys.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, and universal routine uses 
previously published and listed at https://www.dol.gov/agencies/sol/privacy/intro, 81 FR 25765, 25775 (April 29, 2016), information in this 
system may be disclosed outside DOL as a routine pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    a. 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 compatible with 
the purpose for which the agency collected the records.
    b. 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 for a purpose that is 
compatible with the purpose for which the agency collected the records.
    c. 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.
    d. 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.
    e. To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted pursuant to 44 U.S.C. 2904 and 2906.
    f. To disclose to contractors, employees of contractors, 
consultants, grantees, and volunteers who have been engaged to assist 
the agency in the

[[Page 8294]]

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).
    g. 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.
    h. 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.
    i. 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.
    j. To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative matters.
    k. 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.
    l. 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.
    m. To disclose information to a State or local government entity 
which has the legal authority to make decisions concerning the 
issuance, retention or revocation of licenses, certifications or 
registrations required to practice law or a health care profession, 
when requested in writing by an investigator or supervisory official of 
the licensing entity for the purpose of making a decision concerning 
the issuance, retention or revocation of the license, certification or 
registration of a named attorney or health care professional.
    n. To disclose information to the United States Department of 
Justice and/or the Federal Bureau of Investigation for inclusion in the 
National Instant Criminal Background Check System (NICS), pursuant to 
the reporting requirements of the Brady Handgun Violence Prevention 
Act, as amended by the NICS Improvement Amendments Act of 2007.
    o. To appropriate agencies, entities, and persons when (1) the DOL 
suspects or confirms a breach of the System of Records; (2) the DOL 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DOL (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DOL's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    p. To another Federal agency or Federal entity, when the DOL 
determines that information from this System of Records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    q. To participating agencies within DOL and externally that 
participate within the case file development in processing labor 
certification applications, labor condition applications, and 
prevailing wage determinations released to the employers (and 
representatives) filing such applications; to review ETA actions in 
connection with appeals of denials or other wage-related final 
determinations before the Office of Administrative Law Judges (OALJ) or 
Federal Courts; to participating agencies such as the DOL Office of 
Inspector General (OIG), DOL Wage and Hour Division (WHD), Department 
of Homeland Security (DHS), United States Citizenship and Immigration 
Services, Department of State, and Department of Justice (DOJ), Civil 
Rights Division in connection with administering and enforcing related 
immigration laws and regulations. Records may also be released to named 
beneficiaries or their representatives, and third party requests under 
the under the Freedom of Information Act.
    r. To the public for the same purposes stated above (Routine Use 
q.), including current or prospective H-2B workers or their employer's 
representatives, to assist in the effective use of the H-2B temporary 
labor certification program. The Department will maintain a publically 
available list of agents, recruiters and the locations of employers 
reported to the Department that engage/plan to engage in recruitment of 
prospective H-2B workers/opportunities offered by the employer.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records in this system of records are stored on security 
measure protected (for example, e-authentication, password, restricted 
access protocol, etc.) databases, electronically on e-media devices 
(e.g., computer hard drive, magnetic disc, tape, digital media, CD, 
DVD, etc.). Paper copies of records are stored within secured or locked 
facilities.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by an individual's case number, employer 
name, name, beneficiary's name, agent name, recruiter name, or other 
third-party entity involved in the recruitment of the prospective H-2B 
workers as provided to the Department.

POLICIES AND PRACTICES FOR RENTENTION AND DISPOSAL OF RECORDS:
    Records are maintained in file folders and DOL computer systems at 
applicable locations as set out above under the heading ``System 
Location.'' System records will be retained and disposed of after 5 
years in according to DOL's records maintenance and disposition and 
applicable General Records Schedules (Number DAA-0369-2013-0002). Paper 
copies of case files that are not scanned are retained after the 
retention period will be transferred to Federal Records Center for 
duration of 5-year retention period.

[[Page 8295]]

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system of records are safeguarded in accordance 
with applicable rules and policies, including all applicable DOL 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer systems containing the records 
in this system of records is limited to those individuals who have a 
need to know the information for the performance of their official 
duties and who have appropriate security clearances or permissions.
    Records in the system are protected from unauthorized access and 
misuse through a combination of administrative, technical, and physical 
security measures. Administrative measures include but are not limited 
to policies that limit system access to individuals within an agency 
with a legitimate business need, and regular review of security 
procedures and best practices to enhance security. Technical measures 
include but are not limited to system design that allows only role-
based access to authorized personnel; required use of strong passwords 
that are frequently changed; and use of encryption for certain data 
transfers. Physical security measures include but are not limited to 
the use of data centers which meet government requirements for storage 
of sensitive data, physical security maintained in secured locations.

RECORD ACCESS PROCEDURES:
    If an individual wishes to access their own data in the system 
after it has been submitted, that individual should consult the System 
Manager.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the above listed System 
Manager and should include the reason for contesting it and the 
proposed amendment to the information with supporting information to 
show how the record is inaccurate. A request for contesting records 
pertaining to an individual should contain:
    <bullet> Name, and
    <bullet> Any other pertinent information to help identify the file.

NOTIFICATION PROCEDURES:
    An individual may request information regarding this system of 
records or information as to whether the system contains records 
pertaining to the individual from the System Manager above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The previously published versions of this SORN can be found at 81 
FR 25765, 25885 (April 29, 2016), and 77 FR 1728, 1742 (January 11, 
2012).

Milton Al Stewart,
Senior Agency Official for Privacy, Deputy Assistant Secretary for 
Operations, Office of the Assistant Secretary for Administration and 
Management, Department of Labor.
[FR Doc. 2022-03063 Filed 2-11-22; 8:45 am]
BILLING CODE 4510-FP-P


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