[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Pages 16610-16614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8759]


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DEPARTMENT OF LABOR

Office of the Secretary


Privacy Act of 1974; Publication of Two New Systems of Records; 
Amendments to an Existing System

AGENCY: Office of the Secretary, Labor.

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

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SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document adds two new systems of records to this Department's current 
systems of records. With the addition of these two new systems of 
records, the Department will be maintaining 144 systems of records. 
This document also proposes to amend the Routine Use Category for one 
of the Department's existing systems of records. The proposed amended 
system will permit the Department to provide important information to 
state unemployment insurance agencies in order to facilitate the 
processing of unemployment insurance claims for Department of Labor 
(DOL) employees. Finally, various administrative (non-substantive) 
amendments to this same existing system are being made at this time.

DATES: Persons wishing to comment on this new system of records and on 
the proposed new Routine Use may do so by May 19, 1997. Unless there is 
a further notice in the Federal Register, the two new systems of 
records, and the proposed amendment to the existing system, will become 
effective on June 2, 1997. The remaining amendments to DOL/OASAM-1 are 
administrative (non-substantive), and therefore, will become effective 
on April 7, 1997.

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

FOR FURTHER INFORMATION CONTACT: Miriam McD. Miller, Co-Counsel for 
Administrative Law, Office of the Solicitor, Department of Labor, 200 
Constitution Avenue, NW., Room N-

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 2428, Washington, DC 20210, telephone (202) 219-8188.

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 two new systems of records 
currently maintained pursuant to the Act. This document supplements 
this Department's last publication in full of all of its Privacy Act 
systems of records. The document also proposes to amend the Routine Use 
Category for one of the Department's existing systems of records. On 
September 23, 1993, in Volume 58 at page 49548 of the Federal Register, 
we published a notice containing 138 systems of records which were 
maintained under the Act. Subsequent publications of new systems were 
made on April 15, 1994 (59 FR 18156)(two new systems); on May 10, 1995 
(60 FR 24897) (one new system); and on June 15, 1995 (60 FR 31495)(one 
new system). The new system published herein will increase the total 
number of systems to 144.
    1. The first new system published herein is entitled DOL/BLS-17, 
National Longitudinal Survey of Youth 1996 Database, which contains a 
random sample of the general population who were ages 12-17 on December 
31, 1995, with an over-representation of disabled students. This system 
will serve a variety of policy-related research interests concerning 
the school-to-work transition and the labor market problems of youth.
    2. The second new system published herein is entitled DOL/OCFO-2, 
Department of Labor Accounting and Related Systems. This new system has 
been developed by and is controlled by the Office of the Chief 
Financial Officer. This new system is an accounts payable and an 
accounts receivable system.
    3. The Department also hereby proposes to amend an existing system 
of records, DOL/OASAM-1, Attendance, Leave and Payroll File, so that a 
new Routine Use can be established. The new Routine Use will permit the 
Department to provide certain important identified information to state 
unemployment insurance agencies, without the need for individual 
authorizations, so that DOL employees can have their unemployment 
insurance claims processed.
    4. This document makes various administrative (non-substantive) 
amendments to DOL/OASAM-1 at this time. Since these administrative 
amendments are non-substantive, public comment is not required.

Universal Routine Uses

    In its September 23, 1993 publication, the Department gave notice 
of eleven paragraphs containing routine uses which apply to all of its 
systems of records, except for DOL/OASAM-5 and DOL/OASAM-7. These 
eleven paragraphs were presented in the General Prefatory Statement for 
that document, and it appeared at pages 49554-49555 of Volume 58 of the 
Federal Register. Those eleven paragraphs were republished in an April 
15, 1994 document in order to correct grammatical mistakes in the 
September 23, 1993 version. In both the May 10, 1995 and June 15, 1995 
publication, the General Prefatory Statement was republished as a 
convenience to the reader of the document. We are again republishing 
the General Prefatory Statement as a convenience to the reader. At this 
time we are making a grammatical correction to paragraph 7. of these 
routine uses by substituting the word ``any'' in place of the word 
``this.''
    The public, the Office of Management and Budget (OMB), and the 
Congress are invited to submit written comments on the proposed 
amendment in this document. A report on these new systems, and on the 
first proposed amendment to DOL/OASAM-1, has been provided to OMB and 
to the Congress as required by OMB Circular A-130, Revised, and 5 
U.S.C. 552a(r). The administrative (non-substantive) amendments do not 
have to be provided to OMB and to the Congress.

General Prefatory Statement

    The following routine uses apply to and are incorporated by 
reference into each system of records published below unless the text 
of a particular notice of a system of records indicates otherwise. 
These routine uses do not apply to DOL/OASAM-5, Rehabilitation and 
Counseling File, nor to DOL/OASAM-7, Employee Medical Records.
    1. It shall be a routine use of the records in this system of 
records to disclose them to the Department of Justice when: (a) The 
agency or any component thereof; or (b) any employee of the agency in 
his or her official capacity where the Department of Justice has agreed 
to represent the employee; or (c) the United States Government, is a 
party to litigation or has an interest in such litigation, and by 
careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records by 
the Department of Justice is therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    2. It shall be a routine use of the records in this system of 
records to disclose them in a proceeding before a court or adjudicative 
body, when: (a) The agency or any component thereof; or (b) any 
employee of the agency in his or her official capacity; or (c) any 
employee of the agency in his or her individual capacity where the 
agency has agreed to represent the employee; or (d) the United States 
Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the agency determines that the 
records are both relevant and necessary to the litigation and the use 
of such records is therefore deemed by the agency to be for a purpose 
that is compatible with the purpose for which the agency collected the 
records.
    3. When a record on its face, or in conjunction with other records, 
indicates a violation or potential violation of law, whether civil, 
criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal, or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity, 
and by careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records is 
therefore deemed by the agency to be for a purpose that is compatible 
with the purpose for which the agency collected the records.
    4. A record from this system of records may be disclosed to a 
Member of Congress or to a Congressional staff member in response to an 
inquiry of the Congressional office made at the written request of the 
constituent about whom the record is maintained.
    5. Records from this system of records may be disclosed to the 
National Archives and Records Administration or to the General Services 
Administration for records management inspections conducted under 44 
U.S.C. 2904 and 2906.
    6. Disclosure may be made to agency contractors, or their 
employees, consultants, grantees, or their employees, or volunteers who 
have been engaged to assist the agency in the

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performance of a contract, service, grant, cooperative agreement or 
other activity related to this system of records and who need to have 
access to the records in order to perform the activity. Recipients 
shall be required to comply with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a; see also 5 U.S.C. 552a(m).
    7. The name and current address of an individual may be disclosed 
from any system of records to the parent locator service of the 
Department of HHS or to other authorized persons defined by Pub. L. 93-
647 for the purpose of locating a parent who is not paying required 
child support.
    8. Disclosure may be made to any source from which information is 
requested in the course of a law enforcement or grievance 
investigation, or in the course of an investigation concerning 
retention of an employee or other personnel action, the retention of a 
security clearance, the letting of a contract, the retention of a 
grant, or the retention of any other benefit, to the extent necessary 
to identify the individual, inform the source of the purpose(s) of the 
request, and identify the type of information requested.
    9. Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the hiring or retention of an 
employee, the granting or retention of a security clearance, the 
letting of a contract, a suspension or debarment determination or the 
issuance or retention of a license, grant, or other benefit.
    10. A record from any system of records set forth below may be 
disclosed to the Office of Management and Budget in connection with the 
review of private relief, legislative coordination and clearance 
process.
    11. Disclosure may be made to a debt collection agency that the 
United States has contracted with for collection services to recover 
debts owed to the United States.

I. Publication of the First New System of Records

DOL/BLS-17

SYSTEM NAME:
    National Longitudinal Survey of Youth 1996 (NLSY96) Database.

SECURITY CLASSIFICATION:
    None.

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

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A random sample of the general population who were ages 12-17 on 
December 31, 1995, with over-representation of disabled students.

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

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 2 and Office of Management and Budget Control No. 1220-
0157.

PURPOSE(S):
    To serve a variety of policy-related research interests concerning 
the school-to-work transition and the labor market problems of youth. 
Data are used for studies such as: Diffusion of useful information on 
labor, examination of Department of Labor employment and training 
programs, understanding labor markets, analysis of social indicators, 
measuring maternal and child inputs and outcomes, norming the 
Department of Defense and Armed Services Vocational Aptitude Battery in 
its computerized adaptive form, and creation of norms for the 
Department of Defense Interest Measure.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    None, except for those 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 on paper.

RETRIEVABILITY:
    Name or Control Number.

SAFEGUARDS:
    Access by authorized personnel only. Passwords are used for 
electronically stored data, and locked file cabinets for paper files.

RETENTION AND DISPOSAL:
    Indefinite.

SYSTEM MANAGER(S) AND ADDRESS:
    Contracting Officer Technical Representative (COTR), NLS Youth 
Cohort Study, Office of Research and Evaluation, Room 4945, Postal 
Square Building, 2 Massachusetts Avenue, NE., Washington, DC 20212.

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

RECORD ACCESS PROCEDURES:
    A request for access shall be addressed to the system manager at 
the address listed above. Individuals must furnish the following 
information for their records to be located and identified:
    a. Name.
    b. Individuals requesting access must also comply with the Privacy 
Act regulations regarding verification of identity to records at 29 CFR 
70a.7.

CONTESTING RECORD PROCEDURE:
    As in notification procedure.

RECORD SOURCE CATEGORIES:
    From individuals concerned.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

II. Publication of the Second New System of Records

DOL/OCFO-2

System name:
    Department of Labor Accounting and Related Systems.

Security classification:
    None.

System location:
    A. Offices in Washington, DC:
    1. Office of the Secretary of Labor, including:
    a. Office of the Assistant Secretary for Administration and 
Management, (OASAM);
    b. Office of the Solicitor of Labor;
    c. Office of Public and International Affairs;
    d. Bureau of International Labor Affairs;
    e. Employees' Compensation Appeals Board;
    f. Wage Appeals Board;
    g. Benefits Review Board;
    h. Office of Administrative Law Judges;
    i. President's Committee on the Employment of People with 
Disabilities;

[[Page 16613]]

    j. National Occupational Information Coordinating Committee;
    k. Veteran's Employment and Training Service.
    2. Bureau of Labor Statistics;
    3. Employment Standards Administration;
    4. Employment and Training Administration;
    5. Occupational Safety and Health Administration;
    6. Mine Safety and Health Administration;
    7. Office of the Inspector General;
    8. Pension and Welfare Benefits Administration;
    9. Office of the Chief Financial Officer for the Department.
    B. Regional and Area Offices of the above.

Categories of individuals covered by the system:
    All persons who receive a payment from agency/regional financial 
offices. Persons receiving payments include, but are not limited to: 
Employees, vendors, travelers on official business, grantees, 
contractors, consultants, and recipients of loans and scholarships. 
Persons owing monies include, but are not limited to persons who have 
been overpaid and who owe DOL a refund and persons who have received 
from DOL goods or services for which there is a charge or fee (e.g. 
Freedom of Information Act requesters).

Categories of records in the system:
    Name, identification number (Taxpayer Identification Number or 
other identifying number), address, purpose of payment, accounting 
classification, amount to be paid, and amount paid.

Purpose(s):
    These records are an integral part of the accounting systems at 
principal operating components, agency regional offices and specific 
area locations. The records are used to keep track of all payments to 
individuals, exclusive of salaries and wages, based upon prior entry 
into the systems of the official commitment and obligation of 
government funds. When an individual is to repay funds advanced as a 
loan or scholarship, etc., the records will be used to establish a 
receivable record and to track repayment status. 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 
and applicable state and local taxing officials of taxable income. This 
is a Department-wide notice of payment and collection activities at all 
locations listed under system locations.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    A. Transmittal of the records to the U.S. Treasury to effect 
issuance of payments to payees.
    B. Pursuant to section 13 of the Debt Collection Act of 1982, the 
name, address(es), telephone number(s), social security number, and 
nature, amount and history of the 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 (4 CFR Ch. 
II) for the purpose of determining the feasibility of enforced 
collection, by referring the cases to the Department of Justice for 
litigation.
    D. Pursuant to sections 5 and 10 of the Debt Collection Act of 
1982, 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 Internal Revenue Service 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 Internal Revenue Service 
concerning the discharge of an indebtedness owed by an individual.
    H. Information will be disclosed:
    1. To credit card companies for billing purposes;
    2. To other Federal agencies for travel management purposes;
    3. To airlines, hotels, car rental companies and other travel 
related companies for the purpose of serving the traveler. This 
information will generally include the name, phone number, addresses, 
charge card information and itineraries.

Disclosure to consumer reporting agencies:
    The amount, status, and history of overdue debts; 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 section 603(f) 
of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), in accordance 
with section 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.

    Note: Debts incurred by use of the official travel charge card 
are personal and the charge card company may report account 
information to credit collection and reporting agencies.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file cabinets. Computer records within a computer, 
its attached equipment or some magnetic form.

Retrievability:
    This varies according to the particular operating accounting system 
within the Operating Division, Agency and Regional Office. Usually the 
hard copy document is filed by name within accounting classification. 
Computer records may be indexed by social security number and voucher 
number or on any field in the record.

Safeguards:
    Records stored in lockable file cabinets or secured rooms. 
Computerized records protected by password system.

Retention and disposal:
    Records are purged from automated files once the accounting purpose 
has been served; printed copy and manual documents are retained and 
disposed of in accord with General Accounting Office principles and 
standards as authorized by the National Archives and Records 
Administration. Generally, on the accounting side, information is kept 
until at least the employee has left the Department, and perhaps 
longer, until all existing activity for the employee is closed out. 
Generally, on the payroll side, the information stays on the Master 
Employee Record until the retirement has been reconciled for the year 
in which the employee has left.

System manager(s) and address:
    Chief Financial Officer, Office of the Chief Financial Officer, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210.

Notification procedure:
    Inquiries should be addressed to the appropriate agency's 
administrative office.

Records access procedures:
    Same as notification procedures. Requesters should also clearly 
specify

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the record contents being sought, and may request an accounting of 
disclosures that have been made of their record, if any.

Contesting record procedures:
    Individuals wishing to request amendment of their records should 
contact the appropriate Department of Labor administrative office. 
Individuals must furnish their full name and the name of the 
authorizing agency, including duty station where they were employed, if 
applicable.

Record source categories:
    Individuals, other DOL systems, employees, other Federal agencies, 
consumer reporting agencies, credit card companies, government 
contractors, state and local law enforcement.

Systems Exempted from Certain Provisions of the Act:
    None.

III. Publication of a Proposed Amendment

    DOL/OASAM-1, Attendance, Leave and Payroll File, is amended by 
amending the category for Routine Uses by adding the following new 
sentence at the end of Paragraph A. This additional sentence will be 
included within and as part of Paragraph A. The new sentence is as 
follows:
    ``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 DOL 
employees.''

IV. Publication of Administrative (Non-Substantive) Amendments

    A. DOL/OASAM-1, Attendance, Leave, and Payroll File, is amended by 
transferring it from the Office of the Assistant Secretary for 
Administration and Management (OASAM) to the Office of the Chief 
Financial Officer (OCFO) and by revising its name to read as follows:
DOL/OCFO-1

SYSTEM NAME:
    Attendance, Leave, and Payroll File.
    B. Newly renamed DOL/OCFO-1, Attendance, Leave, and Payroll File is 
further amended by amending the category for ROUTINE USES by revising 
the first sentence under ``ROUTINE USES'' to read as follows:
    ``A. Transmittal of data to the U.S. Treasury to effect issuance of 
paychecks or electronic fund transfers (EFT) to employees and 
distribution of pay according to employee directions for savings bonds, 
allotments to financial institutions, and other authorized purposes.''
    C. Newly renamed DOL/OCFO-1, Attendance, Leave, and Payroll File, 
is further amended by amending the category for SYSTEM LOCATION by 
deleting existing location No. 11, which refers to the Office of the 
American Workplace, and by redesignating existing location No. 12 as 
location No. 11.

    Signed at Washington, DC, this 28th day of March, 1997.
Cynthia A. Metzler,
Acting Secretary of Labor.
[FR Doc. 97-8759 Filed 4-4-97; 8:45 am]
BILLING CODE 4510-23-P