[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Notices]
[Pages 25234-25236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12129]


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DEPARTMENT OF LABOR

Office of the Secretary


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

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of 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 proposes to revise the Routine Uses Category for one of the 
Department's existing systems of records. The proposed routine uses 
provide additional protection to the privacy interests of the 
participants in the studies which are conducted by system managers from 
the Department's Bureau of Labor Statistics (BLS). Finally, various 
administrative (non-substantive) changes are being made to this same 
system of records, including a change of name.

DATES: Persons wishing to comment on the proposed new routine uses may 
do so by June 8, 1998.
    Effective Date: The proposed routine uses will become effective as 
proposed without further notice on June 16, 1998. The remaining 
amendments to this system are administrative (non-substantive), and 
therefore, will become effective on May 7, 1998.

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-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 proposes to amend the Routine Uses Category for one 
of the Department's existing systems of records. This document 
supplements this Department's last publication in full of all of its 
Privacy Act 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); on 
June 15, 1995 (60 FR 31495)(one new system); on April 7, 1997 (62 FR 
16610)(one new system); and on October 14, 1997 (62 FR 53343)(one new 
system).
    1. The Department hereby proposes to amend an existing system of 
records, DOL/BLS-14, so that a revised Routine Uses Category can be 
substituted into this system of records. The revised Routine Uses 
Category will provide additional protection to the privacy interests of 
the participants in the various studies which are conducted by the 
system managers from the Bureau of Labor Statistics (BLS). These 
studies are conducted by the Behavioral Science Research Laboratory, a 
unit within BLS. This additional privacy protection, for the 
participants in the studies, is achieved by making several of the 
Universal Routine Uses, contained within the General Prefatory 
Statement, inapplicable to this system of records. DOL/BLS-14 was last 
published on September 23, 1993 at 58 FR 49593.
    2. This document makes various administrative (non-substantive) 
changes to the above discussed system, DOL/BLS-14. Since these 
administrative amendments are non-substantive, public comment is not 
required. These changes merely refine the system. Included in these 
changes is a revised name for the system, which will be more 
descriptive than its current name.

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 the May 10, 1995, June 15, 1995, and 
April 7, 1997 publications, the General Prefatory Statement was 
republished as a convenience to the reader of the document. In an 
October 14, 1997 publication, the General Prefatory Statement was again 
republished in order to make a syntactical change to paragraph 10. It 
was also republished as a convenience to the reader on January 15, 1998 
(63 FR 2417). We are again republishing the General Prefatory Statement 
as a convenience to the reader.
    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 the proposed revision to DOL/
BLS-14, 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 submitted for comment to 
OMB and to the Congress.

[[Page 25235]]

General Prefatory Statement

    The following routine uses apply to and are incorporated by 
reference into this 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; (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; (b) any employee 
of the agency in his or her official capacity; (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 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 legislation and the 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 a Proposed Amendment and Publication of 
Administrative (Non-Substantive) Changes

    DOL/BLS-14, currently named as ``Collection Procedures Research Lab 
Project Files'', is proposed to be amended by revising the category for 
Routine Uses to read as set forth below. For the convenience of the 
reader, the entire system is being republished in full. At this time, 
the various administrative (non-substantive) amendments are being 
published as set forth below. One of the amendments revises the name of 
the system.
DOL/BLS-14

SYSTEM NAME:
    BLS Behavioral Science Research Laboratory Project Files.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Offices in the Bureau of Labor Statistics National Office.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individual respondents who participate in studies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include respondent's name, name of study, biographic/
personal information on the respondent, and test results and 
observations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. sec. 2.

PURPOSE(S):
    Biographic/personal information is used by BLS to select 
participants for studies. Test results and observations are used by BLS 
to better understand the behavioral and psychological processes of 
individuals, as they reflect on the accuracy of BLS information 
collections.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    None, except for those routine uses listed in the General Prefatory 
Statement

[[Page 25236]]

to this document with the following limitations: The Routine Uses 
listed at paragraphs 3, 4, 7, 8, 9, and 11 in the General Prefatory 
Statement to this document are not applicable to this system of 
records. The 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:
    Paper files, and some electronic files stored on floppy disks and/
or video tapes.

RETRIEVABILITY:
    Respondent name and study title.

SAFEGUARDS:
    Available to authorized personnel only. Files are kept in locked 
offices.

RETENTION AND DISPOSAL:
    One to three years.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, CPRL, Office of Research and Evaluation, Room 4915, 
Postal Square Building, 2 Massachusetts Ave., NE, Washington, DC 20212.

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

RECORD ACCESS PROCEDURES:
    As in notification procedure.

CONTESTING RECORD PROCEDURES:
    As in notification procedure.

RECORD SOURCE CATEGORIES:
    From individual respondents.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

    Signed at Washington, DC this 30th day of April, 1998.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 98-12129 Filed 5-6-98; 8:45 am]
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