Privacy Act of 1974; Publication of Five New Systems of Records; Amendments to Five Existing Systems of Records, 1728-1742 [2012-345]
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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
If additional information is required,
contact Jerri Murray, Department
Clearance Officer, U.S. Department of
Justice, Justice Management Division,
Policy and Planning Staff, 145 N Street
NE., Room 2E–508, Washington, DC
20530.
Jerri Murray,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. 2012–294 Filed 1–10–12; 8:45 am]
BILLING CODE 4410–18–P
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
Office of the Secretary, Labor.
Notice of five new systems of
records; amendments to five existing
systems of records; and amendments to
one universal routine use.
AGENCY:
ACTION:
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
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SUMMARY:
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Constitution Avenue NW., Room N–
2428, Washington, DC 20210 or by
email to plick.joseph@dol.gov.
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
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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 WageHour Division. These employers are
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listed in the Civil Money Penalty
System.
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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
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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
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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
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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).
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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:
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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.
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PURPOSE(S):
NOTIFICATION PROCEDURE:
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.
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.
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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.
None.
SYSTEM LOCATION:
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.
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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.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
SECURITY CLASSIFICATION:
STORAGE:
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.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
II. Publication of a Second New System
of Records
Registrants for Department of Labor
Events and Activities.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
PURPOSE(S):
At the offices of each component
agency within the Department of Labor,
including national, regional and
contractor offices.
None.
SYSTEM NAME:
None.
5 U.S.C. 301.
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 cosponsor 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.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
DOL/CENTRAL–2
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
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Individual correspondents with the
various components of the Department
who contact, by telephone, fax, U.S.
Mail or other mail/delivery services, online, or email, components within the
Department to register for conferences,
events, activities, seminars, special
interest Web sites, and programs.
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.
CATEGORIES OF RECORDS IN THE SYSTEM:
RETRIEVABILITY:
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.
By name, telephone or fax number
(including the telephone number from
which the individual dials), email
address or other identifying information
in the system.
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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.
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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.
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.
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.
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:
pmangrum on DSK3VPTVN1PROD with NOTICES
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.
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.
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.
These records are indexed by the
name of the alleged victim(s) and/or the
name of the individual accused of
harassing conduct.
SAFEGUARDS:
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
Jkt 226001
PURPOSE(S):
RETRIEVABILITY:
CATEGORIES OF RECORDS IN THE SYSTEM:
15:02 Jan 10, 2012
5 U.S.C. 301; 44 U.S.C. 3101.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
CONTESTING RECORD PROCEDURES:
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Access by authorized personnel only.
Computer security safeguards are used
for electronically stored data and locked
locations for paper files.
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:
RETENTION AND DISPOSAL:
Wage-Hour Financial Accounting
System (WFAS).
These records are maintained for four
years from the date that the
investigation is closed.
SECURITY CLASSIFICATION:
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None.
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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.
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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
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15:02 Jan 10, 2012
Jkt 226001
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 § 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 §§ 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.
1733
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
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
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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.
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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, § 513(a).
PURPOSES:
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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 benefitrelated information to contractors and
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15:02 Jan 10, 2012
Jkt 226001
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.
NOTIFICATION PROCEDURE:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
VI. Publication of a Proposed Amended
System of Records
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.
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.
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:
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.
At offices of the Occupational Safety
and Health Administration (OSHA)
including National, regional, and area
offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Adult Services,
Employment and Training
Administration, 200 Constitution
Avenue NW., Washington, DC 20210.
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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
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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. § 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.
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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);
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Jkt 226001
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. § 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. § 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,
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1735
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.
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RETRIEVABILITY:
VII. Publication of a Second Proposed
Amended System of Records
Individuals wishing to gain access to
non-exempt records should contact the
system manager.
SECURITY CLASSIFICATION:
CONTESTING RECORD PROCEDURE:
SYSTEM LOCATION:
Individuals wishing to request
amendment of any non-exempt records
should contact the system manager at
the system location listed above.
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.
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.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Note: Sign-in and sign-out records are filed
chronologically within Department offices
and are not part of this system.
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 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.
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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.
15:02 Jan 10, 2012
DOL/OCFO–1
SYSTEM NAME:
RECORD ACCESS PROCEDURE:
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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:
Jkt 226001
Attendance, Leave, and Payroll File.
None.
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
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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
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complete and timely processing of input
documents and output reports necessary
to update and maintain the
Department’s Interactive Payroll
System.
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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
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15:02 Jan 10, 2012
Jkt 226001
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 § 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
§§ 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
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1737
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 § 603(f) of the Fair Credit Reporting
Act (15 U.S.C. 1681a(f)), in accordance
with § 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.
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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.
pmangrum on DSK3VPTVN1PROD with NOTICES
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
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15:02 Jan 10, 2012
Jkt 226001
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 jobrelated 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.
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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
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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 employmentrelated injury and the resulting
disabilities and/or impairments, if any,
on which decisions awarding or
denying benefits provided under the
FECA must be based.
pmangrum on DSK3VPTVN1PROD with NOTICES
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 FECAcovered injury and for the purpose of
administering the provisions of
§§ 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 §§ 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
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Jkt 226001
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
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1739
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
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collect the debt, or to establish a
payment schedule.
n. To consumer reporting agencies as
defined by § 603(f) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or in
accordance with § 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 § 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
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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 § 603(f) of the
Fair Credit Reporting Act (15 U.S.C.
1681a(f)) or in accordance with
§ 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.
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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 nonexempt 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;
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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
pmangrum on DSK3VPTVN1PROD with NOTICES
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
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
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:
PO 00000
None.
Frm 00077
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Sfmt 4703
1741
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.
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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
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.
pmangrum on DSK3VPTVN1PROD with NOTICES
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
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
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:
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.
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.
RETENTION AND DISPOSAL:
PURPOSE(S):
SYSTEM MANAGER(S) AND ADDRESS:
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.
All supervisor(s)/team leader(s)
having responsibility for performance
management plans, performance
standards, or ratings.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
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.
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.
PO 00000
Frm 00078
Fmt 4703
Sfmt 9990
Records are maintained on current
employees. Records on former
employees are kept for one year, and
then may be destroyed.
NOTIFICATION PROCEDURE:
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, coworkers, 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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Agencies
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1728-1742]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 plick.joseph@dol.gov.
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.
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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
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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