[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9144]
[[Page Unknown]]
[Federal Register: April 15, 1994]
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DEPARTMENT OF LABOR
Privacy Act of 1974; Publication of Two New Systems of Records
AGENCY: Office of the Secretary, Labor.
ACTION: Notice of new systems of records.
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SUMMARY: The Privacy Act of 1974 requires that each agency publish
notice of all of the systems of records that it maintains. This
document adds two new systems of records to this Department's September
23, 1993 publication in full of all of our systems of records. With the
addition of these two new systems of records, the Department will be
maintaining 140 systems of records.
DATES: Persons wishing to comment on these two new systems of records
may do so by June 14, 1994.
EFFECTIVE DATE: Unless there is a further notice in the Federal
Register, these two new systems of records will become effective on
July 5, 1994.
ADDRESSES: Written comments may be mailed or delivered to Robert A.
Shapiro, Associate Solicitor, Division of Legislation and Legal
Counsel, 200 Constitution Avenue NW., room N-2428, Washington, DC
20210.
FOR FURTHER INFORMATION CONTACT:
Miriam McD. Miller, Co-Counsel for Administrative Law, Office of the
Solicitor, Department of Labor, 200 Constitution Avenue NW., room N-
2428, Washington, DC 20210, telephone (202) 219-8188.
SUPPLEMENTARY INFORMATION: Pursuant to section three of the Privacy Act
of 1974 (5 U.S.C. 552a(e)(4)), hereinafter referred to as the Act, the
Department hereby publishes notice of two new systems of records
currently maintained pursuant to the Act.
This document supplements this Department's recent publication in
full of all of our Privacy Act systems of records. On September 23,
1993, in Volume 58 at page 49548 of the Federal Register, we published
a notice of all 138 systems of records which we maintain under the Act.
Of those 138 systems, there were 37 new systems. The two new systems
presented herein are in addition to the 138 current systems, for a
total of 140 systems. The two new systems presented herein are DOL/
OASAM-31 and DOL/PCEPD-1. They are summarized as follows:
DOL/OASAM-31
``DOL Flexible Workplace (Flexiplace) Pilot Programs Evaluation and
Files'' is a new system which is used solely for statistical research
or evaluation of the DOL Flexiplace Pilot Programs. The records in this
system may include the characteristics of the program participants, the
description of program activities, program outcomes and follow-up
information.
DOL/PCEPD-1
``Job Accommodation Network (JAN) Files'' is a new system which
makes it possible for employers, individuals with disabilities and
others to share information about job accommodations. The JAN system
compiles a comprehensive resource data bank for job accommodations
currently available.
Universal Routine Uses
In our September 23, 1993 publication, the Department gave notice
of eleven paragraphs containing routine uses which apply to all of our
systems of records, except for DOL/OASAM-5 and DOL/OASAM-7. These
eleven paragraphs were presented in the General Prefatory Statement for
that document, and it appeared at Pages 49554-49555 of Volume 58. At
this time we are republishing the General Prefatory Statement as a
convenience to the reader of this document. At this time we are
amending paragraphs 8 and 11, herein, to correct a grammatical mistake
when they appeared in the September 23rd publication.
The public, the Office of Management and Budget (OMB), and the
Congress are invited to submit written comments on these two new
systems. A report on these two new systems has been provided to OMB and
to the Congress as required by OMB Circular A-130, Revised, and 5
U.S.C. 552a(r).
General Prefatory Statement
The following routine uses apply to and are incorporated by
reference into each system of records published below unless the text
of a particular notice of a system of records indicates otherwise.
These routine uses do not apply to DOL/OASAM-5 Rehabilitation and
Counseling File nor to DOL/OASAM-7- Employee Medical Records.
1. It shall be a routine use of the records in this system of
records to disclose them to the Department of Justice when: (a) The
agency or any component thereof; or (b) any employee of the agency in
his or her official capacity where the Department of Justice has agreed
to represent the employee; or (c) the United States Government, is a
party to litigation or has an interest in such litigation, and by
careful review, the agency determines that the records are both
relevant and necessary to the litigation and the use of such records by
the Department of Justice is therefore deemed by the agency to be for a
purpose that is compatible with the purpose for which the agency
collected the records.
2. It shall be a routine use of the records in this system of
records to disclose them in a proceeding before a court or adjudicative
body, when: (a) The agency or any component thereof; or (b) any
employee of the agency in his or her official capacity; or (c) any
employee of the agency in his or her individual capacity where the
agency has agreed to represent the employee; or (d) the United States
Government, is a party to litigation or has an interest in such
litigation, and by careful review, the agency determines that the
records are both relevant and necessary to the litigation and the use
of such records is therefore deemed by the agency to be for a purpose
that is compatible with the purpose for which the agency collected the
records.
3. When a record on its face, or in conjunction with other records,
indicates a violation or potential violation of law, whether civil,
criminal or regulatory in nature, and whether arising by general
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, disclosure may be made to the appropriate
agency, whether Federal, foreign, State, local, or tribal, or other
public authority responsible for enforcing, investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative or prosecutive responsibility of the receiving entity,
and by careful review, the agency determines that the records are both
relevant and necessary to the litigation and the use of such records is
therefore deemed by the agency to be for a purpose that is compatible
with the purpose for which the agency collected the records.
4. A record from this system of records may be disclosed to a
Member of Congress or to a Congressional staff member in response to an
inquiry of the Congressional office made at the written request of the
constituent about whom the record is maintained.
5. Records from this system of records may be disclosed to the
National Archives and Records Administration or to the General Services
Administration for records management inspections conducted under 44
U.S.C. 2904 and 2906.
6. Disclosure may be made to agency contractors, or their
employees, consultants, grantees, or their employees, or volunteers who
have been engaged to assist the agency in the performance of a
contract, service, grant, cooperative agreement or other activity
related to this system of records and who need to have access to the
records in order to perform the activity. Recipients shall be required
to comply with the requirements of the Privacy Act of 1974, as amended,
5 U.S.C. 552a; see also 5 U.S.C. 552a(m).
7. The name and current address of an individual may be disclosed
from this system of records to the parent locator service of the
Department of HHS or to other authorized persons defined by Pub. L. 93-
647 for the purpose of locating a parent who is not paying required
child support.
8. Disclosure may be made to any source from which information is
requested in the course of a law enforcement or grievance
investigation, or in the course of an investigation concerning
retention of an employee or other personnel action, the retention of a
security clearance, the letting of a contract, the retention of a
grant, or the retention of any other benefit, to the extent necessary
to identity the individual, inform the source of the purpose(s) of the
request, and identify the type of information requested.
9. Disclosure may be made to a Federal, State, local, foreign, or
tribal or other public authority of the fact that this system of
records contains information relevant to the hiring or retention of an
employee, the granting or retention of a security clearance, the
letting of a contract, a suspension or debarment determination or the
issuance or retention of a license, grant, or other benefit.
10. A record from any system of records set forth below may be
disclosed to the Office of Management and Budget in connection with the
review of private relief, legislative coordination and clearance
process.
11. Disclosure may be made to a debt collection agency that the
United States has contracted with for collection services to recover
debts owed to the United States.
Publication of two new systems of records
DOL/OASAM-31
DOL Flexible Workplace (Flexiplace) Pilot Programs Evaluation and
Files.
None.
DOL/OASAM/Directorate of Personnel Management, Office of Employment
and Evaluation.
DOL Participants in Flexiplace Pilot Programs.
Records in the system may include characteristics of program
participants, such as number of dependents and national origin,
description of program activities, program outcomes and participant
follow-up information obtained at six-month intervals during the first
eighteen months of the individual's participation.
5 U.S.C. 301.
These records are used solely for statistical research or
evaluation of the DOL Flexiplace Pilot Programs and are not used in any
way for making any determination about an identifiable individual
None, except for those routine uses listed in the General Prefatory
Statement to this document.
None.
Records are maintained in manual files and on computer disks.
Records are retrieved by individual(s) names(s).
Records are maintained on secure computer systems and can only be
retrieved with the proper access code.
Records will be retained for three years after the conclusion of
the studies and then destroyed. After the conclusion of the studies,
the database will be retained without individual identifiers (which
will be deleted from the files) for statistical purposes only.
U.S. Department of Labor, Office of the Assistant Secretary for
Administration and Management, Directorate of Personnel Management,
Director, Office of Employment and Evaluation, Room N5460, Frances
Perkins Building, 200 Constitution Avenue, NW., Washington, DC 20210.
Individuals wishing to inquire whether this system of records
contains information about them should contact the systems manager
listed above. Individuals must furnish the following information for
their records to be located and identified: Name, GS grade and series,
organizational unit.
Individuals wishing to request access to records pertaining to them
should contact the systems manager. Individuals must furnish the
following information for their records to be located and identified:
Name, GS grade and series, organizational unit. Individuals requesting
access must also comply with DOL's Privacy Act regulations pertaining
to verification of identity set forth at 29 CFR 70a.5.
Individuals wishing to contest information in their files may,
pursuant to Departmental regulations at 29 CFR 70a.7, write to the
system manager at the specified address above, reasonably identify the
records pertaining to them, the information which is being contested in
those records, the corrective action(s) being sought, and the reasons
for the correction(s).
Individual participants, their supervisors, and evaluation project
files.
Not applicable.
DOL/PCEPD-1
Job Accommodation Network (JAN) Files.
None.
Job Accommodation Network; West Virginia University; P.O. Box 6080,
Morgantown, West Virginia, 26505-6080.
Individuals with disabilities and the general public who request
information through the JAN system.
Caller's name, address, telephone number, type of disability,
functional limitations caused by the disability, accommodations
discussed, type of firm or organization for whom the caller works,
anecdotal information recorded by the human factors consultant.
5 U.S.C. 301
System makes it possible for employers, individuals with
disabilities and others to share information about job accommodations.
The JAN system compiles a comprehensive resource data bank for job
accommodations currently available.
None, except for those routine uses listed in the General Prefatory
Statement to this document.
None.
Computer disks.
The data is stored on computer disk, stored in central file server
and is available only to those individuals with a password security
clearance.
Records are retrieved by caller's name, state, disability,
functional limitation, accommodation, type of company for whom
individual worked, or type of information requested.
Data is maintained for 20 years and is then destroyed by deletion.
The systems manager is the Job Accommodations Network, West
Virginia University, P.O. Box 6080, Morgantown, WV 26506-6080.
Mail all inquiries or present in writing to the President's
Committee on Employment of People with Disabilities, 1331 F Street NW.,
DC 20004 or to the Freedom of Information Act/Privacy Act Coordinator,
at U.S. Department of Labor/PCEPD, 200 Constitution Avenue NW., room
N4671, Washington, DC 20210.
Individuals wishing to gain access shall write to the President's
Committee on Employment of People with Disabilities at the above
address and must meet the requirements of Departmental regulations
implementing the Privacy Act, 29 CFR 70a.7.
Individuals wishing to contest information in their files may,
pursuant to Departmental regulations at 29 CFR 70a.7, write to the
system manager at the specified address above, reasonably identify the
records pertaining to them, the information which is being contested in
those records, the corrective action(s) being sought, and the reasons
for the correction(s).
Callers to the JAN system.
Not applicable.
Signed at Washington, DC this 11th day of April, 1994.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 94-9144 Filed 4-14-94; 8:45 am]
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