[Federal Register Volume 63, Number 204 (Thursday, October 22, 1998)]
[Rules and Regulations]
[Pages 56740-56752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28212]
[[Page 56739]]
_______________________________________________________________________
Part IV
Department of Labor
_______________________________________________________________________
Office of the Secretary
Office of Workers' Compensation Program
_______________________________________________________________________
20 CFR Part 10
29 CFR Parts 70a and 71
Privacy Act of 1974: Implementation and Use and Disclosure of Federal
Employees' Compensation Act Claims File Material; Final Rules
Federal Register / Vol. 63, No. 204 / Thursday, October 22, 1998 /
Rules and Regulations
[[Page 56740]]
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Parts 70a and 71
RIN 1290-AA16
Protection of Individual Privacy in Records
AGENCY: Office of the Secretary, Labor.
ACTION: Notice of final rulemaking.
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SUMMARY: The Department of Labor hereby issues a final rule revising
its existing regulations governing the conduct of Departmental
employees and members of the public as it pertains to the treatment of
records covered by the Privacy Act of 1974, 5 U.S.C. 552a, as amended.
The existing regulations were promulgated shortly after the Privacy Act
was enacted over 20 years ago and are in need of revision. In their
place new regulations are being issued. The intent of these final
regulations is to conform Labor Department requirements with the
caselaw which evolved under the Privacy Act over the past years and to
provide clarity.
EFFECTIVE DATE: December 1, 1998.
FOR FURTHER INFORMATION CONTACT: Miriam McD. Miller, Co-Counsel for
Administrative Law, telephone (202) 219-8188, ext. 135.
SUPPLEMENTARY INFORMATION: This final rule addresses access to records,
records in exempt systems of records, fees, appeals from denials of
access, requests for correction or amendment of records, records not
subject to correction or amendment, requests for accounting of
disclosure of records, emergency disclosures, security of systems of
records, use and collection of social security numbers and taxpayer
identifying numbers, and employee standards of conduct. Each of these
subjects is comprehensively addressed in a separate section.
This final rule correlates with the Department's earlier
publication of all current systems of records. On September 23, 1993,
in 58 FR 49548, the Department published 137 systems of records, as
well as various proposed routine uses. On December 13, 1993, those
proposed systems became final and effective. This document is the final
step in exempting a total of thirty-nine of those systems from access.
Below, accordingly, the Department hereby revises 29 CFR part 70a,
its existing regulations governing implementation of the Privacy Act,
by inserting in lieu thereof a new regulatory scheme set forth at 29
CFR part 71 which reflects the current state of the law.
I. Discussion
A. On July 28, 1997, at 62 FR 40406, the Department published the
proposed rule which was the predecessor to this final rule. The period
for public comment ended on September 26, 1997. No comments were
received in response to that proposal. Accordingly, the proposal is
being adopted in full, except for certain minor administrative changes,
which are discussed at a later point in this Preamble.
B. The major effect of this rule is to add thirty-five systems of
records to the exempt category. The current regulations were originally
published in 1977, and set forth only four systems of records as being
exempt from access. During the past twenty years numerous additional
systems of records have been established. Thirty-five of these
additional systems are investigative systems, and accordingly, should
be exempt from certain requirements of the Privacy Act, by virtue of
either subsections (j)(2), (k)(2) or (k)(5) of Title 5 of section 552a.
C. This final regulation, in contrast to the existing regulation,
is divided into two subparts. Subpart A is entitled ``General'', and
sets forth procedures. Subpart B contains the exemptions from access,
and provides justification for the exemptions. The rule is much more
detailed and more instructive to the public than is the existing rule.
D. The existing rule places the listing of the disclosure officers
within the body of the rule. This rule places them in an appendix at
the end of the rule. This structure is more readable for the public.
E. This rule, in contrast to the existing regulations, sets forth
two government-wide systems. These systems are DOL/GOVT-1, which is the
Office of Workers' Compensation Programs, Federal Employees'
Compensation Act File, and DOL/GOVT-2, Job Corps Student Records. These
systems of records are maintained by and are under the control of the
Department of Labor, even though custody may be at the employing
agency.
F. Finally, the rule increases the fees for photocopying from $.10
to $.15 per page, and it raises the minimum payment to $15.00.
II. Changes From the Proposed Rule
The Department is making a small number of non-substantive,
administrative changes from the proposed rule. These administrative
changes are as follows:
A. Recently, one of the Department's investigative systems of
records was renamed due to a reorganization within the Department. In
this connection, DOL/OAW-1, entitled Investigative Files, a system of
records maintained by the Office of Labor-Management Standards, was
renamed in a Federal Register document published on October 14, 1997 at
62 FR 53343 through 53347. That system of records was renamed as DOL/
ESA-45, Investigative Files of the Office of Labor-Management
Standards. That change was necessitated because the Office of Labor-
Management Standards was transferred into the Employment Standards
Administration from the Office of the American Workplace which Office
was eliminated in a Departmental reorganization. In view of this
renaming, this final rule has been changed at Secs. 71.50(a)(1), and
71.51(a)(24) in order to present the various systems in alphabetical
order. The renamed system, DOL/ESA-45, is now listed at
Sec. 71.50(a)(1), and at Sec. 71.51(a)(18). This renumbering requires
the renumbering of the codified entries which follow after paragraph
(a)(1) of Sec. 71.50, and after paragraph (a)(18) of Sec. 71.51. Both
lists are thus in alphabetical order.
B. The appendix to the rule has been updated. The Appendix contains
the list of disclosure officers for the Department, and is entitled,
Appendix to Part 71-Responsible Officials. The changes in the Appendix
include the listing of an additional disclosure officer for the Bureau
of Labor Statistics, and the updating of officers and office addresses
for the Employment Standards Administration (ESA), the Occupational
Safety and Health Administration (OSHA), the Pension and Welfare
Benefits Administration (PWBA), and the Veterans' Employment and
Training Service (VETS). In addition, the Wage and Hour Division, a
component of the Employment Standards Administration, has deleted their
District Directors from the list of responsible officials, and has also
added two officials to its national office listing.
C. The Secretary of Labor finds that the above discussed
administrative changes from the proposed rule do not require public
comment under the Administrative Procedure Act (APA). This finding is
based upon the fact that rules of agency organization, procedure and
practice are exempt from public comment by virtue of section 553(b)(A)
of the APA (5 U.S.C. 553(b)(A)). The changes from the proposal, being
made in this document, are clearly within the purview of section
553(b)(A) of the APA.
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III. Companion Document
In a companion document published elsewhere in today's issue of
Federal Register, the Department's Office of Workers' Compensation
Programs (OWCP), is issuing a final rule amending its regulation which
governs the release, use and disclosure of documents relating to claims
filed under the Federal Employees' Compensation Act (FECA). This
amendment, which appears at 20 CFR 10.12, reserves to OWCP the
exclusive authority for ruling on requests submitted by the subject of
the FECA file for the correction or amendment of any record contained
in such file. The reader should note that the provisions set forth at
Sec. 71.l(b) of this rule are identical to the provisions in the
companion document. See Sec. 10.12 of the companion document.
IV. Regulatory Procedures
Executive Order 12866
The final rule constitutes a ``significant regulatory action''
within the meaning of Executive Order 12866 of September 30, 1993 (58
FR 51735), because it meets the criteria of section 3(f)(4) of
Executive Order 12866 for the following reasons. This final rule raises
certain novel legal and policy issues arising out of legal mandates,
the President's priorities, and principles set forth in the Executive
Order.
Accordingly, because the rule meets the criteria of section 3(f)(4)
of the Executive Order, and because the Office of Management and Budget
(OMB) performs a special role under the Privacy Act, pursuant to the
statute and as specified by OMB Circular A-130, this document has been
submitted to OMB.
It should be noted that the rule does not require an assessment of
anticipated monetary costs because the proposal will not have an annual
monetary effect on the economy of $100 million or more, nor will it
adversely affect the economy in any material way. This conclusion is
based upon the fact that this final rule addresses access to records
and related matters, and clearly does not affect the economy in a
material fashion.
Regulatory Flexibility Act
This final rule will address access to records and related matters.
The Privacy Act records that are maintained by the Department of Labor
relate to individuals rather than small, or even large business or
other types of entities. For the vast majority of instances, these
records do not relate to sole proprietorships. In view of the above
facts, the Secretary of Labor hereby certifies that this rule will not
have a ``significant economic impact on a substantial number of small
entities''. Therefore, a regulatory flexibility analysis under the
Regulatory Flexibility Act (5 U.S.C. 605(b)) is not required. The
Secretary of Labor has certified to this effect to the Chief Counsel
for Advocacy of the Small Business Administration.
Unfunded Mandates Reform
Executive Order 12875--This rule will not create an unfunded
Federal mandate upon any State, local or tribal government.
Unfunded Mandates Reform Act of 1995--This rule will not include
any Federal mandate that may result in increased expenditures by State,
local, and tribal governments, in the aggregate, of $100 million or
more, or in increased expenditures by the private sector of $100
million or more.
Paperwork Reduction Act
This rule is not subject to section 3504(h) of the Paperwork
Reduction Act since it does not contain a collection of information
requirement.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with foreign-based companies in domestic and export markets.
V. Congressional Notification
Consistent with the Small Business Regulatory Enforcement Fairness
Act of 1996, the Department will submit to Congress a report regarding
the issuance of today's final rule prior to the Effective Date set
forth in the outset of this document. The report will note the Office
of Management and Budget's determination that this rule does not
constitute a ``major rule'' under that Act. 5 U.S.C. 801, 805.
List of Subjects in 29 CFR Parts 70a and 71
Privacy.
For the reasons set out in the preamble, part 70a of subtitle A of
Title 29 of the Code of Federal Regulations is redesignated as part 71
and revised to read as follows:
PART 70a--[REDESIGNATED AS PART 71 AND REVISED]
PART 71--PROTECTION OF INDIVIDUAL PRIVACY AND ACCESS TO RECORDS
UNDER THE PRIVACY ACT OF 1974
Subpart A--General
Sec.
71.1 General provisions.
71.2 Request for access to records.
71.3 Responses by components to requests for access to records.
71.4 Form and content of component responses.
71.5 Access to records.
71.6 Fees for access to records.
71.7 Appeals from denials of access.
71.8 Preservation of records.
71.9 Requests for correction or amendment of records.
71.10 Certain records not subject to correction.
71.11 Emergency disclosures.
71.12 Use and collection of social security numbers.
71.13 Employee standards of conduct.
71.14 Use of nonpublic information.
71.15 Training.
Subpart B--Exemption of Records Systems Under the Privacy Act
71.50 General exemptions pursuant to subsection (j) of the Privacy
Act.
71.51 Specific exemptions pursuant to subsection (k)(2) of the
Privacy Act.
71.52 Specific exemptions pursuant to subsection (k)(5) of the
Privacy Act.
Appendix A to Part 71--Responsible Officials
Authority: 5 U.S.C. 301; 5 U.S.C. 552a as amended;
Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix.
Subpart A--General
Sec. 71.1 General provisions.
(a) Purpose and scope. This part contains the regulations of the
U.S. Department of Labor implementing the Privacy Act of 1974, 5 U.S.C.
552a. The regulations apply to all records which are contained in
systems of records maintained by, or under the control of, the
Department of Labor and which are retrieved by an individual's name or
personal identifier. These regulations set forth the procedures by
which an individual may seek access under the Privacy Act to records
pertaining to him, may request correction or amendment of such records,
or may seek an accounting of disclosures of such records by the
Department. These regulations are applicable to each component of the
Department.
(b) Government-wide systems of records. (1) DOL/GOVT-1 (Office of
Workers' Compensation Programs, Federal Employees' Compensation Act
File):
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(i) All records, including claim forms, medical, investigative and
other reports, statements of witnesses, and other papers relating to
claims for compensation filed under the Federal Employees' Compensation
Act (as amended and extended), are covered by the government-wide
system of records entitled DOL/GOVT-1. This system is maintained by and
under the control of the Employment Standards Administration's Office
of Workers' Compensation Programs (OWCP), and, as such, all records
contained in the OWCP claims file, as well as all copies of such
documents retained and/or maintained by the injured worker's employing
agency, are official records of the OWCP.
(ii) The protection, release, inspection and copying of records
covered by DOL/GOVT-1 shall be accomplished in accordance with the
rules, guidelines and provisions of this part, as well as with part 70
of this subtitle, and with the notice of the systems of records and
routine uses published in the Federal Register. All questions relating
to access/disclosure, and/or the amendment of FECA records maintained
by the OWCP or an employing agency, are to be resolved in accordance
with this part.
(iii)(A) While an employing agency may establish procedures that an
injured employee or beneficiary should follow in requesting access to
documents it maintains, any decision issued in response to such a
request must comply with the rules and regulations of the Department of
Labor.
(B) Any administrative appeal taken from a denial issued by the
employing agency shall be filed with the Solicitor of Labor in
accordance with Secs. 71.7 and 71.9 of this part.
(iv) No agency other than the OWCP has authority to issue
determinations in response to requests for the correction or amendment
of records contained in or covered by DOL/GOVT-1. Any request for
correction or amendment received by an employing agency must be
referred to the OWCP for review and decision.
(2) For the government-wide system of records entitled DOL/GOVT-2
(Job Corps Student Records), a system maintained by and under the
control of the Employment and Training Administration, the regulations
of this Department shall govern, including the procedure for requesting
access to, or amendment of the records, as well as appeals therefrom,
shall govern.
(c) Definitions. As used in this subpart, the following terms shall
have the following meanings:
(1) Agency has the meaning set forth in 5 U.S.C. 552(f).
(2) Component means each separate agency, bureau, office, board,
division, commission, service, or administration of the Department of
Labor, as well as each agency which possesses records covered by a DOL
government-wide system of records.
(3) Individual Data Subject means the individual by whose name or
identifier the subject record is retrieved.
(4) Record means any item, collection, or grouping of information
about an individual which is maintained by any component within a
system of records and which contains the individual's name, identifying
number, symbol, or other identifying particular assigned to the
individual, such as a fingerprint, voiceprint, or photograph.
(5) Requester means an individual who makes either a request for
access, a request for correction or amendment, or a request for an
accounting.
(6) Routine use has the meaning set forth in 5 U.S.C. 552a(7).
(7) Statistical record has the meaning set forth in 5 U.S.C.
552a(6).
(8) System of records means a group of any records under the
control of the Department or any component from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to that individual.
(9) Under the control of means those official records for which the
agency is officially responsible and either has in its possession or
exercises dominion over. This excludes those records which, although in
the physical possession of agency employees and used by them in
performing official functions, are not, in fact, agency records.
Uncirculated personal notes, papers and records which are retained or
discarded at the author's discretion and over which the agency
exercises no dominion or control (e.g., personal telephone list) are
not agency records for purposes of this part.
(10) He, his, and him include ``she'', ``hers'' and ``her''.
Sec. 71.2 Requests for access to records.
(a) Procedure for making requests for access to records. An
individual, or legal representative acting on his behalf, may request
access to a record about himself by appearing in person or by writing
to the component that maintains the record. (See appendix A to this
part which lists the components of the Department of Labor and their
addresses.) A requester in need of guidance in defining his request may
write to the Assistant Secretary for Administration and Management,
U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC
20210-0002. A request should be addressed to the component that
maintains the requested record. Both the envelope and the request
itself should be marked: ``Privacy Act Request.''
(b) Description of records sought. A request for access to records
must describe the records sought in sufficient detail to enable
Department personnel to locate the system of records containing the
record with a reasonable amount of effort. Whenever possible, a request
for access should describe the nature of the record sought, the date of
the record or the period in which the record was compiled, and the name
or identifying number of the system of records in which the requester
believes the record is kept.
(c) Agreement to pay fees. The filing of a request for access to a
record under this subpart shall be deemed to constitute an agreement to
pay all applicable fees charged under Sec. 71.6 up to $25.00. The
component responsible for responding to the request shall confirm this
agreement in its letter of acknowledgment to the requester. When filing
a request, a requester may specify a willingness to pay a greater
amount, if applicable.
(d) Verification of identity. Any individual who submits a request
for access to records must verify his identity in one of the following
ways:
(1) Any requester making a request in writing must state in his
request his full name, and current address. In addition, a requester
must provide with his request an example of his signature, which shall
be notarized, or signed as an unsworn declaration under penalty of
perjury, pursuant to 28 U.S.C. 1746. In order to facilitate the
identification of the requested records, a requester may also include
in his request his Social Security number.
(2) Any requester submitting a request in person may provide to the
component a form of official photographic identification, such as a
passport, an identification badge or a driver's license which contains
the photograph of the requester. If a requester is unable to produce a
form of photographic identification, he may provide to the component
two or more acceptable forms of identification bearing his name and
address. In all cases, sufficient identification must be presented to
confirm that the requester is the individual data subject.
(e) Verification of guardianship. The parent, guardian, or
representative of a minor or the guardian or representative of a person
judicially determined to be
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incompetent who submits a request for access to the records of the
minor or incompetent must establish:
(1) His identity, as required in paragraph (d) of this section,
(2) That the requester is the parent, guardian, or representative
of the subject of the record, which may be proved by providing a copy
of the subject's birth certificate showing parentage or by providing a
court order establishing the guardianship, and
(3) That he seeks to act on behalf of the subject of the record.
(f) The disclosure officer may waive the requirements set forth in
paragraphs (d) and (e) of this section when he deems such action to be
appropriate, and may substitute in lieu thereof, other reasonable means
of identification.
Sec. 71.3 Responses by components to requests for access to records.
(a) In general. Except as otherwise provided in this section, the
component that:
(1) First receives a request for access to a record, and
(2) Has possession of the requested record is the component
ordinarily responsible for responding to the request.
(b) Authority to grant or deny requests. The head of a component,
or his designee (i.e. disclosure officer), is authorized to make an
initial grant or denial of any request for access to a record in the
possession of that component.
(c) Processing of requests for access not properly addressed. A
request for access that is not properly addressed as specified in
Sec. 71.2 shall be forwarded to the Assistant Secretary for
Administration and Management, who shall forward the request to the
appropriate component or components for processing. A request not
addressed to the appropriate component will be deemed not to have been
received by the Department until the Assistant Secretary for
Administration and Management has forwarded the request to the
appropriate component which has the record and that component has
received the request. When the component receives an improperly
addressed request, it shall notify the requester of the date on which
it received the request. Accordingly, a request for access shall be
deemed received on the date that it is received in the appropriate
component.
(d) Date for determining responsive records. In determining the
extent to which records are responsive to a request for access, a
component ordinarily will include only those records within the
component's possession and control as of the date of its receipt of the
request.
(e) First party requests. A request for access by the individual
data subject for his or her own records shall be processed both under
the Freedom of Information Act (FOIA) and the Privacy Act (PA).
Sec. 71.4 Form and content of component responses.
(a) Form of notice granting request for access. A request by the
individual data subject for access to his or her own records shall not
be denied unless both a Privacy Act exemption and a Freedom of
Information Act exemption apply to the requested records. A component
shall make a determination within 30 days to grant or deny a request
for access in whole or in part. If the request is granted in whole, the
component shall so notify the requester in writing. The notice shall
describe the manner in which access to the record will be granted and
shall inform the requester of any fees to be charged in accordance with
Sec. 71.6.
(b) Form of notice denying request for access. A component denying
a request for access in whole or in part shall so notify the requester
in writing. The notice, signed by the responsible agency official,
shall include:
(1) The name and title or position of the person responsible for
the denial;
(2) A brief statement of the reason or reasons for the denial,
including the Privacy Act and FOIA exemption or exemptions which the
component has relied upon in denying the request; and
(3) A statement that the denial may be appealed under Sec. 71.7(a),
and a description of the requirements of that paragraph.
(c) Record cannot be located. If no records are found which are
responsive to the request, the component shall so notify the requester
in writing. Such notification by the component shall inform the
requester that, if the requester considers this response to be a denial
of their request, the requester has a right to appeal to the Solicitor
of Labor, within ninety days, as set forth in Sec. 71.7.
(d) Medical records. When an individual requests medical records
concerning himself, which are not otherwise exempt from disclosure, the
disclosure officer shall, if deemed necessary because of possible harm
to the individual, advise the individual that the Department of Labor
believes that the records should be provided to a physician designated
in writing by the individual. In addition, the Department shall request
the individual to designate such a physician. Upon receipt of the
designation, the disclosure officer will permit the physician to review
the records or to receive copies of the records by mail, upon proper
verification of identity.
Sec. 71.5 Access to records.
(a) Manner of access. A component that has made a determination to
grant a request for access shall grant the requester access to the
requested record either by providing the requester with a copy of the
record, or making the record available for inspection by the requester
at a reasonable time and place. The component shall charge the
requester only duplication costs in accordance with the provisions of
Sec. 71.6. If a component provides access to a record by making the
record available for inspection by the requester, the manner of such
inspection shall not unreasonably disrupt the operations of the
component.
(b) Accompanying person. A requester appearing in person to review
his own records may be accompanied by another individual of his own
choosing. The requester shall provide the Department with his or her
written consent to disclose the record to the accompanying person.
Sec. 71.6 Fees for access to records.
(a) When charged. A component shall charge fees pursuant to 31
U.S.C. 9701 and 5 U.S.C. 552a(f)(5) for the copying of records unless
the component, in its discretion, waives or reduces the fees for good
cause shown. A component shall charge fees at the rate of $0.15 per
page. In accordance with the provisions of the Freedom of Information
Act, the first 100 pages of copying shall be furnished without charge.
For materials other than paper copies, the component may charge the
direct costs of reproduction, but only if the requester has been
notified of such costs before they are incurred. Fees shall not be
charged where they would amount, in the aggregate, for one request or
for a series of related requests, to less than $15.00. Notwithstanding
any other provision of this paragraph, the first copy of an
individual's Privacy Act record shall be provided to the individual at
no cost.
(b) Notice of estimated fees amounting to between $25 to $250. When
a component determines or estimates that the fees to be charged under
this section may amount to between $25 to $250, the component shall
notify the requester as soon as practicable of the actual or estimated
amount of the fee, unless the requester has indicated in advance his
willingness to pay a fee as high as that anticipated.
[[Page 56744]]
(c) Notice of estimated fees in excess of $250. When a component
determines or estimates that the fees to be charged under this section
may amount to more than $250, the component shall notify the requester
as soon as practicable of the actual or estimated amount of the fee,
unless the requester has indicated in advance his willingness to pay a
fee as high as that estimated. If the fee is estimated to be in excess
of $250, then the agency may require payment in advance. (If only a
portion of the fee can be estimated readily, the component shall advise
the requester that the estimated fee may be only a portion of the total
fee.) Where the estimated fee exceeds $250 and a component has so
notified the requester, the component will be deemed not to have
received the request for access to records until the requester has paid
the anticipated fee, in full or in part. A notice to a requester
pursuant to this paragraph shall offer him the opportunity to confer
with Department personnel with the object of reformulating his request
to meet his needs at a lower cost.
(d) Form of payment. Requesters must pay fees by cash, check or
money order payable to either the Treasury of the United States, or the
U.S. Department of Labor. However, the Department shall not require
advance payment in any case where the fee is under $250, except that
where a requester has previously failed to pay a fee charged under this
part, the requester must pay the component or the Department the full
amount owed and make an advance deposit of the full amount of any
estimated fee before a component shall be required to process a new or
pending request for access from that requester.
Sec. 71.7 Appeals from denials of access.
(a) Appeals to the Solicitor of Labor. When a component denies in
whole or in part a request for access to records, the requester may
appeal the denial to the Solicitor of Labor within 90 days of his
receipt of the notice denying his request. An appeal to the Solicitor
of Labor shall be made in writing, addressed to the Solicitor of Labor,
U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC.
20210-0002. Both the envelope and the letter of appeal itself must be
clearly marked: ``Privacy Act Appeal.'' An appeal not so addressed and
marked shall be forwarded to the Office of the Solicitor as soon as it
is identified as an appeal under the Privacy Act. An appeal that is
improperly addressed shall be deemed not to have been received by the
Department until the Office of the Solicitor receives the appeal.
(b) Form of action on appeal. The disposition of an appeal shall be
in writing. A written decision affirming in whole or in part the denial
of a request for access shall include a brief statement of the reason
or reasons for the affirmation, including each Privacy Act and FOIA
exemption relied upon and its relation to each record withheld, and a
statement that judicial review of the denial is available in the U.S.
District Court for the judicial district in which the requester resides
or has his principal place of business, the judicial district in which
the requested records are located, or the District of Columbia. If the
denial of a request for access is reversed on appeal, the requester
shall be so notified and the request shall be processed promptly in
accordance with the decision on appeal.
(c) Delegation of Authority by the Solicitor of Labor. The
Solicitor of Labor is authorized to delegate his authority to decide
appeals from any and all denials of access to other senior attorneys
within the Office of the Solicitor.
Sec. 71.8 Preservation of records.
Each component shall preserve all correspondence relating to the
requests it receives under this subpart, and all records processed
pursuant to such requests, until such time as the destruction of such
correspondence and records is authorized pursuant to title 44 of the
U.S. Code and record schedules approved by the National Archives and
Records Administration, and otherwise in accordance with retention
requirements as published in the agency's system of records. Under no
circumstances shall records be destroyed while they are the subject of
a pending request for access, appeal, or lawsuit under the Act.
Sec. 71.9 Request for correction or amendment of records.
(a) How made. An individual may submit a request for correction or
amendment of a record pertaining to him. The request must be in writing
and must be addressed to the component that maintains the record.
(Appendix A of this part lists the components of the Department and
their addresses.) The request must identify the particular record in
question, state the correction or amendment sought, and set forth the
justification for the change. Both the envelope and the request itself
must be clearly marked: ``Privacy Act Amendment Request.''
(b) Initial determination. Within 30 working days of receiving a
request for correction or amendment, a component shall notify the
requester whether his request will be granted or denied, in whole or in
part. If the component grants the request in whole or in part, it shall
send the requester a copy of the amended record, in releasable form, as
proof of the change. If the component denies the request in whole or in
part, it shall notify the requester in writing of the denial. The
notice of denial shall state the reason or reasons for the denial and
advise the requester of his right to appeal.
(c) Appeals. When a request for correction or amendment is denied
in whole or in part, the requester may appeal the denial to the
Solicitor of Labor within 90 days of his receipt of the notice denying
his request. An appeal to the Solicitor of Labor shall be made in
writing, shall set forth the specific item of information sought to be
corrected or amended, and shall include any documentation said to
justify the change. An appeal shall be addressed to the Solicitor of
Labor, U.S. Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210-0002. Both the envelope and the letter of appeal
itself must be clearly marked: ``Privacy Act Amendment Appeal.''
(d) Determination on appeal. The Solicitor of Labor shall decide
all appeals from denials of requests to correct or amend records. All
such appeals shall be decided within 30 working days of receipt of the
appeal, unless there is good cause shown to extend this period. The
appellant shall be notified if the period for decision has been
extended.
(1) If the denial of a request is affirmed on appeal, the requester
shall be so notified in writing and advised of:
(i) The reason or reasons the denial has been affirmed,
(ii) The requester's right to file a Statement of Disagreement, as
provided in paragraph (f) of this section, and
(iii) The requester's right to obtain judicial review of the denial
in the U.S. District Court for the judicial district in which the
requester resides or has its principal place of business, the judicial
district in which the record is located, or the District of Columbia.
(2) If the denial is reversed on appeal, the requester shall be so
notified and the request for correction or amendment shall be promptly
remanded to the component that denied the request for processing in
accordance with the decision on appeal.
(e) Delegation of Authority by the Solicitor of Labor. The
Solicitor of Labor is authorized to delegate his or her authority to
decide any and all appeals from denials of requests to correct or amend
records to other senior attorneys within the Office of the Solicitor.
[[Page 56745]]
(f) Statements of disagreement. A requester whose request or appeal
under this section has been denied shall have the right to file a
Statement of Disagreement with the Solicitor of Labor, U.S. Department
of Labor, 200 Constitution Avenue, NW, Washington, DC 20210-0002,
within 30 days of receiving notice of denial. Statements of
Disagreement may not exceed one typed page per fact disputed.
Statements exceeding this limit shall be returned to the requester for
condensation. Upon receipt of a Statement of Disagreement under this
section, the agency shall promptly have the statement included in the
record and shall have the disputed record marked so as to indicate that
a Statement of Disagreement has been filed.
(g) Notices of correction or amendment or disagreement. Within 30
working days of the correction or amendment of a record, the component
that maintains the record shall advise all components or agencies to
which it previously disclosed the record that the record has been
amended. Whenever an individual has filed a Statement of Disagreement,
a component shall append a copy of the Statement to the disputed record
whenever the record is disclosed. The component may also append to the
disputed record a written statement giving the component's reasons for
denying the request to correct or amend the record.
Sec. 71.10 Certain records not subject to correction.
Certain records are not subject to correction or amendment. These
include, but are not limited to:
(a) Transcripts of testimony given under oath or written statements
made under oath;
(b) Transcripts or decisions of grand jury, administrative,
judicial, or quasi-judicial proceedings which constitute the official
record of such proceedings;
(c) Records duly exempted from correction pursuant to 5 U.S.C.
552a(j) or 552a(k) by rulemaking promulgated under the Administrative
Procedure Act (5 U.S.C. 551 et seq.)
Sec. 71.11 Emergency disclosures.
If the record of an individual has been disclosed to any person
under compelling circumstances affecting the health or safety of any
person, as described in 5 U.S.C. 552a(b)(8), the individual to whom the
record pertains shall be notified of the disclosure at his last known
address within 10 working days. The notice of such disclosure shall be
in writing and shall state the nature of the information disclosed, the
person or agency to whom it was disclosed, the date of disclosure, and
the compelling circumstances justifying the disclosure. The officer who
made or authorized the disclosure shall be responsible for providing
such notification.
Sec. 71.12 Use and collection of social security numbers.
(a) Each component unit that requests an individual to disclose his
social security account number shall provide the individual, in
writing, with the following information:
(1) The statute, regulation, Executive Order or other authority
under which the number is solicited;
(2) Whether the disclosure is mandatory or voluntary; and
(3) The consequences, if any, to the individual should he or she
refuse or fail to disclose the number.
(b) Neither the Department nor any of its component units shall, in
the absence of specific federal statutory authority, deny to an
individual any right, benefit or privilege provided by law solely
because of such individual's refusal to disclose his social security
account number.
(c) The head of each component unit shall ensure that employees
authorized to collect social security account numbers or tax
identifying numbers, are aware of the statutory or other basis for
collecting such information, of the uses to which such numbers may be
put, and of the consequences, if any, that might follow if a person
refuses to disclose the requested number.
Sec. 71.13 Employee standards of conduct.
(a) Each component shall inform its employees of the provisions of
the Privacy Act, including the Act's civil liability and criminal
penalty provisions. Each component also shall notify its employees that
they have a duty to:
(1) Protect the security of records,
(2) Ensure the accuracy, relevance, timeliness, and completeness of
records,
(3) Avoid the unauthorized disclosure, either verbal or written, of
records, and
(4) Ensure that the component maintains no system of records
without public notice.
(b) Except to the extent that the Privacy Act permits such
activities, an employee of the Department of Labor shall:
(1) Not collect information of a personal nature from individuals
unless the employee is authorized to collect such information to
perform a function or discharge a responsibility of the Department;
(2) Collect from individuals only that information which is
necessary to the performance of the functions or to the discharge of
the responsibilities of the Department;
(3) Collect information about an individual directly from that
individual, whenever practicable;
(4) Inform each individual from whom information is collected of:
(i) The legal authority that authorizes the Department to collect
such information,
(ii) The principal purposes for which the Department intends to use
the information,
(iii) The routine uses the Department may make of the information,
and
(iv) The practical and legal effects upon the individual of not
furnishing the information;
(5) Maintain all records which are used by the agency in making any
determination about any individual with such accuracy, relevance,
timeliness, and completeness as to ensure fairness to the individual in
the determination;
(6) Maintain no record describing how any individual exercises
rights guaranteed by the First Amendment to the United States
Constitution, unless:
(i) The individual has volunteered such information for his own
benefit,
(ii) A statute expressly authorizes the Department to collect,
maintain, use, or disseminate the information, or
(iii) The individual's beliefs, activities, or membership are
pertinent to and within the scope of an authorized law enforcement
activity;
(7) Notify the head of the component of the existence or
development of any system of records that has not been disclosed to the
public;
(8) Disclose no record to anyone, for any use, unless authorized by
the Act;
(9) Maintain and use records with care to prevent the inadvertent
disclosure of a record to anyone; and
(10) Notify the head of the component of any record that contains
information that the Act or the foregoing provisions of this paragraph
do not permit the Department to maintain.
Sec. 71.14 Use of nonpublic information.
(a) Prohibition. (1) An employee shall not engage in a financial
transaction using nonpublic information, nor allow the improper use of
nonpublic information to further his own private interest or that of
another, whether through advice or recommendations, or by knowing
unauthorized disclosure. See 5 CFR 2635.703.
(2) Nonpublic information is information that an employee gains by
reason of Federal employment that he knows or reasonably should know
has not been made available to the general
[[Page 56746]]
public. Nonpublic information includes information contained in a
Privacy Act system of records which an individual knew or should have
known:
(i) Is normally exempt from disclosure under Exemptions 6 or 7(C)
of the Freedom of Information Act, or is otherwise protected from
disclosure by statute, Executive Order or regulation;
(ii) Has not actually been disseminated to the general public and
is not authorized to be made available to the public upon request.
(b) Sanctions. Any DOL employee who willfully discloses any
information or records from any file that contains individually-
identifiable information to any person or agency not entitled to
receive it, and the disclosure of which is prohibited by the Privacy
Act or by rules or regulations established thereunder, and who, knowing
the disclosure of the specific material is so prohibited, will be
subject to disciplinary action, as appropriate.
(c) Public Disclosures by Third Parties of DOL Privacy Act Records.
When Labor Department records subject to the Privacy Act are disclosed
to third parties, and as a condition of the disclosure of such records,
the person or entity to whom the records are furnished is expressly
prohibited from further disseminating the information, any further
dissemination of the information so furnished to such person or entity
may be subject to the penalties set forth in 18 U.S.C. 641.
Sec. 71.15 Training.
All DOL systems managers, disclosure officers, and employees with
responsibilities under the Privacy Act shall periodically attend
training offered by the Department on the Privacy Act.
Subpart B--Exemption of Records Systems Under the Privacy Act
Sec. 71.50 General exemptions pursuant to subsection (j) of the
Privacy Act.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(j)(2) because they are maintained by a component of
the agency or subcomponent which performs as its principal function the
enforcement of criminal laws, and they contain investigatory material
compiled for criminal law enforcement purposes. Accordingly, these
systems of records are exempt from the following subsections of 552a of
title 5 U.S. Code: (c)(3) and (4), (d), (e)(1), (2), and (3),
(e)(4)(G), (H), and (I), (e)(5) and (8), (f) and (g).
(1) DOL/ESA-45 ( Investigative Files of the Office of Labor-
Management Standards), a system of records maintained by the Office of
Labor-Management Standards.
(2) DOL/OIG-1 (General Investigative Files, and Subject Title
Index, USDOL/OIG), a system of records maintained by the Office of the
Inspector General (OIG).
(3) DOL/OIG-2 (Freedom of Information/Privacy Acts Records), a
system of records maintained by the OIG.
(4) DOL/OIG-3 (Case Development Records), a system of records
maintained by the OIG.
(5) DOL/OIG-5 (Investigative Case Tracking Systems/Audit
Information Reporting Systems, USDOL/OIG), a system of records
maintained by the OIG.
(6) DOL/MSHA-20 (Civil/Criminal Investigations), a system of
records maintained by the Mine Safety and Health Administration.
(7) DOL/PWBA-2 (Office of Enforcement Index Cards and Investigation
Files), a system of records maintained by the Pension and Welfare
Benefits Administration.
(b) This exemption applies to the extent that information in these
systems of records is subject to exemption pursuant to 5 U.S.C.
552a(j)(2).
(c) These systems are exempted for the reasons set forth in
paragraphs (c)(1) through (12) of this section, from the following
subsections of 5 U.S.C. 552a:
(1) Subsection (c)(3). The release of the disclosure accounting
would present a serious impediment to law enforcement by permitting the
subject of an investigation of an actual or potential criminal
violation to determine whether he is the subject of investigation, or
to obtain valuable information concerning the nature of that
investigation and the information obtained, or to identify witnesses
and informants.
(2) Subsection (c)(4). Since an exemption is being claimed for
subsection (d) of the Act (Access to Records), this subsection is
inapplicable to the extent that these systems of records are exempted
from subsection (d).
(3) Subsection (d). Access to records contained in these systems
would inform the subject of an actual or potential criminal
investigation of the existence of that investigation, of the nature and
scope of the investigation, of the information and evidence obtained as
to his or her activities, and of the identity of witnesses or
informants. Such access would, accordingly, provide information that
could enable the subject to avoid detection, apprehension, and
prosecution. This result, therefore, would constitute a serious
impediment to effective law enforcement not only because it would
prevent the successful completion of the investigation but also because
it could endanger the physical safety of witnesses or informants, lead
to the improper influencing of witnesses, the destruction of evidence,
or the fabrication of testimony. Amendment of the records would
interfere with ongoing criminal law enforcement proceedings and imposes
an impossible administrative burden by requiring criminal
investigations to be continuously reinvestigated.
(4) Subsection (e)(1). In the course of criminal and related law
enforcement investigations, cases, and matters, the agency will
occasionally obtain information concerning actual or potential
violations of law that may not be technically within its statutory or
other authority, or it may compile information in the course of an
investigation which may not be relevant to a specific prosecution. In
the interests of effective law enforcement, it is necessary to retain
some or all of such information since it can aid in establishing
patterns of criminal activity and can provide valuable leads for
Federal and other law enforcement agencies. Moreover, it is difficult
to know during the course of an investigation what is relevant and
necessary. In this connection, facts or evidence may not seem relevant
at first, but later in the investigation, their relevance is borne out.
(5) Subsection (e)(2). To collect information to the greatest
extent practicable from the subject individual of a criminal
investigation or prosecution would present a serious impediment to law
enforcement because the subject of the investigation or prosecution
would be placed on notice as to the existence of the investigation and
would therefore be able to avoid detection or apprehension, improperly
influence witnesses, destroy evidence, or fabricate testimony.
(6) Subsection (e)(3). To provide individuals supplying information
with a form which includes the information required by subsection
(e)(3) would constitute a serious impediment to law enforcement, i.e.,
it could compromise the existence of a confidential investigation or
reveal the identity of witnesses or confidential informants.
(7) Subsections (e)(4)(G) and (H). These subsections are
inapplicable to the extent that these systems are exempt from the
access provisions of subsection (d) and the rules provisions of
subsection (f).
(8) Subsection (e)(4)(I). The categories of sources of the records
in these systems have been published in the
[[Page 56747]]
Federal Register in broad generic terms in the belief that this is all
that subsection (e)(4)(I) of the Act requires. In the event, however,
that this subsection should be interpreted to require more detail as to
the identity of sources of the records in this system, exemption from
this provision is necessary to protect the confidentiality of the
sources of criminal and related law enforcement information. Such
exemption is further necessary to protect the privacy and physical
safety of witnesses and informants.
(9) Subsection (e)(5). In the collection of information for
criminal enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light. Furthermore, the accuracy of such information can often only be
determined in a court of law. The restrictions of subsection (e)(5)
would inhibit the ability of government attorneys in exercising their
judgment in reporting on information and investigations and impede the
development of criminal information and related data necessary for
effective law enforcement.
(10) Subsection (e)(8). The individual notice requirements of
subsection (e)(8) could present a serious impediment to law enforcement
as this could interfere with the ability to issue warrants or subpoenas
and could reveal investigative techniques, procedures, or evidence.
(11) Subsection (f). Procedures for notice to an individual
pursuant to subsection (f)(1) as to existence of records pertaining to
the individual dealing with an actual or potential criminal, civil, or
regulatory investigation or prosecution must be exempted because such
notice to an individual would be detrimental to the successful conduct
and/or completion of an investigation or case, pending or future. In
addition, mere notice of the fact of an investigation could inform the
subject or others that their activities are under investigation or may
become the subject of an investigation and could enable the subjects to
avoid detection, to influence witnesses improperly, to destroy
evidence, or to fabricate testimony. Since an exemption is being
claimed for subsection (d) of the Act (Access to Records) the rules
required pursuant to subsections (f)(2) through (5) are inapplicable to
these systems of records to the extent that these systems of records
are exempted from subsection (d).
(12) Subsection (g). Since an exemption is being claimed for
subsections (d) (Access to Records) and (f) (Agency Rules) this section
is inapplicable, and is exempted for the reasons set forth for those
subsections, to the extent that these systems of records are exempted
from subsections (d) and (f).
Sec. 71.51 Specific exemptions pursuant to subsection (k)(2) of the
Privacy Act.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(k)(2) because they contain investigatory material
compiled for law enforcement purposes other than material within the
scope of subsection (j)(2) of 5 U.S.C. 552a. Provided however, that if
any individual is denied any right, privilege or benefit to which he
would otherwise be entitled by Federal law, or for which he would
otherwise be eligible, as a result of the maintenance of such material,
such material shall be provided to such 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. Accordingly the
following systems of records are exempt from (c)(3), (d)(1), (d)(2),
(d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(I) and (f) of 5 U.S.C. 552a.
(1) DOL/GOVT-1 (Office of Workers' Compensation Programs, Federal
Employees' Compensation Act File), a system of records maintained by
the Employment Standards Administration (ESA).
(2) DOL/OASAM-17 (Equal Employment Opportunity Complaint Files), a
system of records maintained by the Office of the Assistant Secretary
for Administration and Management (OASAM).
(3) DOL/OASAM-19 (Negotiated Grievance Procedure and Unfair Labor
Practice Files), a system of records maintained by OASAM.
(4) DOL/OASAM-20 (Personnel Investigation Records), a system of
records maintained by OASAM.
(5) DOL/OASAM-22 (Directorate of Civil Rights Discrimination
Complaint Case Files), a system of records maintained by OASAM.
(6) DOL/OASAM-29 (OASAM Employee Administrative Investigation
File), a system of records maintained by OASAM.
(7) DOL/BLS-7 (BLS Employee Conduct Investigation), a system of
records maintained by the Bureau of Labor Statistics (BLS).
(8) DOL/ESA-2 (Office of Federal Contract Compliance Programs,
Complaint Files), a system of records maintained by ESA.
(9) DOL/ESA-25 (Office of Federal Contract Compliance Programs,
Management Information Systems (OFCCP/MIS), a system of records
maintained by ESA.
(10) DOL/ESA-26 (Office of Workers' Compensation Programs,
Longshore and Harbor Workers' Compensation Act Investigation Files), a
system of records maintained by ESA.
(11) DOL/ESA-27 (Office of Workers' Compensation Programs,
Longshore Act Claimant Representatives), a system of records maintained
by ESA.
(12) DOL/ESA-28 (Office of Workers' Compensation Programs,
Physicians and Health Care Providers Excluded under the Longshore Act),
a system of records maintained by ESA.
(13) DOL/ESA-29 (Office of Workers' Compensation Programs,
Physicians and Health Care Providers Excluded under the Federal
Employees' Compensation Act), a system of records maintained by ESA.
(14) DOL/ESA-32 (ESA, Complaint and Employee Conduct
Investigations), a system of records maintained by ESA.
(15) DOL/ESA-36 (ESA, Wage and Hour Division, MSPA/FLCRA Civil
Money Penalty Record Files), a system of records maintained by ESA.
(16) DOL/ESA-40 (ESA, Wage and Hour Division, MSPA/FLCRA Tracer
List), a system of records maintained by ESA.
(17) DOL/ESA-41 (ESA, Wage and Hour Division, MSPA/FLCRA
Certificate Action Record Files), a system of records maintained by
ESA.
(18) DOL/ESA-45 (Investigative Files of the Office of Labor-
Management Standards), a system maintained by the Office of Labor-
Management Standards.
(19) DOL/ETA-16 (Employment and Training Administration
Investigatory File), a system of records maintained by the Employment
and Training Administration (ETA).
(20) DOL/ETA-22 (ETA Employee Conduct Investigations), a system of
records maintained by ETA.
(21) DOL/OIG-1 (General Investigative Files, and Subject Title
Index, USDOL/OIG), a system of records maintained by the Office of the
Inspector General (OIG).
(22) DOL/OIG-2 (Freedom of Information/Privacy Acts Records), a
system of records maintained by the OIG.
(23) DOL/OIG-3 (Case Development Records), a system of records
maintained by OIG.
[[Page 56748]]
(24) DOL/OIG-5 (Investigative Case Tracking Systems/Audit
Information Reporting Systems, USDOL/OIG), a system of records
maintained by OIG.
(25) DOL/MSHA-10 (Discrimination Investigations), a system of
records maintained by the Mine Safety and Health Administration (MSHA).
(26) DOL/MSHA-19 (Employee Conduct Investigations), a system of
records maintained by MSHA.
(27) DOL/MSHA-20 (Civil/Criminal Investigations), a system of
records maintained by MSHA.
(28) DOL/OSHA-1 (Discrimination Complaint File), a system of
records maintained by the Occupational Safety and Health Administration
(OSHA).
(29) DOL/OSHA-12 (Employee Conduct Investigations), a system of
records maintained by OSHA.
(30) DOL/PWBA-2 (Office of Enforcement Index Cards and
Investigation Files), a system of records maintained by the Pension and
Welfare Benefits Administration (PWBA).
(31) DOL/PWBA-7 (PWBA Employee Conduct Investigations), a system of
records maintained by PWBA.
(32) DOL/SOL-8 (Special Litigation Files), a system of records
maintained by the Office of the Solicitor (SOL).
(33) DOL/SOL-9 (Freedom of Information Act and Privacy Act Appeals
Files), a system of records maintained by SOL.
(34) DOL/SOL-11 (Division of Civil Rights Defensive Litigation
Files), a system of records maintained by SOL.
(35) DOL/SOL-12 (Third-party Recovery Files), a system of records
maintained by SOL.
(36) DOL/SOL-13 (SOL Employee Conduct Investigations), a system of
records maintained by SOL.
(37) DOL/SOL-15 (Solicitor's Office Litigation Files), a system of
records maintained by SOL.
(38) DOL/VETS-1 (Veterans' Reemployment Complaint File--VETS-1), a
system of records maintained by the Veterans' Employment and Training
Service (VETS).
(39) DOL/VETS-2 (Veterans' Preference Complaint File), a system of
records maintained by VETS.
(b) This exemption applies to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(c) The systems of records listed under paragraphs (a)(1) through
(a)(39) of this section are exempted for the reasons set forth in
paragraphs (c) (1) through (6) of this section, from the following
subsections of 5 U.S.C. 552a:
(1) Subsection (c)(3). The release of the disclosure accounting,
for disclosures made pursuant to subsection (b) of the Act, including
those permitted under the routine uses published for these systems of
records, would enable the subject of an investigation of an actual or
potential civil case to determine whether he or she is the subject of
investigation, to obtain valuable information concerning the nature of
that investigation and the information obtained, and to determine the
identity of witnesses or informants. Such access to investigative
information would, accordingly, present a serious impediment to law
enforcement. In addition, disclosure of the accounting would constitute
notice to the individual of the existence of a record even though such
notice requirement under subsection (f)(1) is specifically exempted for
this system of records.
(2) Subsections (d)(1), (d)(2), (d)(3), and (d)(4). Access to the
records contained in these systems would inform the subject of an
actual or potential civil investigation of the existence of that
investigation, of the nature and scope of the information and evidence
obtained as to his or her activities, and of the identity of witnesses
or informants. Such access would, accordingly, provide information that
could enable the subject to avoid detection. This result, therefore,
would constitute a serious impediment to effective law enforcement not
only because it would prevent the successful completion of the
investigation but also because it could endanger the physical safety of
witnesses or informants, lead to the improper influencing of witnesses,
the destruction of evidence, or the fabrication of testimony.
(3) Subsection (e)(1). The notices for these systems of records
published in the Federal Register set forth the basic statutory or
related authority for maintenance of these systems. However, in the
course of civil and related law enforcement investigations, cases and
matters, the agency will occasionally obtain information concerning
actual or potential violations of law that are not strictly or
technically within its statutory or other authority or may compile
information in the course of an investigation which may not be relevant
to a specific case. In the interests of effective law enforcement, it
is necessary to retain some or all of such information in this system
of records since it can aid in establishing patterns of compliance and
can provide valuable leads for Federal and other law enforcement
agencies. Moreover, it is difficult to know during the course of an
investigation what is relevant and necessary. In this connection, facts
or evidence may not seem relevant at first, but later in the
investigation, their relevance is borne out.
(4) Subsections (e)(4) (G) and (H). Since an exemption is being
claimed for subsections (f) (Agency Rules) and (d) (Access to Records)
of the Act, these subsections are inapplicable to the extent that these
systems of records are exempted from subsections (f) and (d).
(5) Subsection (e)(4)(I). The categories of sources of the records
in these systems have been published in the Federal Register in broad
generic terms in the belief that this is all that subsection (e)(4)(I)
of the Act requires. In the event, however, that this subsection should
be interpreted to require more detail as to the identity of sources of
the records in this system, exemption from this provision is necessary
in order to protect the confidentiality of the sources of civil law
enforcement information. Such exemption is further necessary to protect
the privacy and physical safety of witnesses and informants.
(6) Subsection (f). Procedures for notice to an individual pursuant
to subsection (f)(1) as to existence of records pertaining to the
individual dealing with an actual or potential criminal, civil, or
regulatory investigation or prosecution must be exempted because such
notice to an individual would be detrimental to the successful conduct
and/or completion of an investigation or case, pending or future. In
addition, mere notice of the fact of an investigation could inform the
subject or others that their activities are under or may become the
subject of an investigation and could enable the subjects to avoid
detection, to influence witnesses improperly, to destroy evidence, or
to fabricate testimony. Since an exemption is being claimed for
subsection (d) of the Act (Access to Records), the rules required
pursuant to subsections (f)(2) through (5) are inapplicable to these
systems of records to the extent that these systems of records are
exempted from subsection (d).
Sec. 71.53 Specific exemptions pursuant to subsection (k)(5) of the
Privacy Act.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(k)(5) because they contain investigatory material
compiled solely for the purpose of determining suitability,
eligibility, or qualifications for Federal civilian employment,
military service, Federal contracts, or access to classified
information, but only 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
[[Page 56749]]
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. Accordingly, these
systems of records are exempt from (c)(3), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(4)(G), (e)(4)(I) and (f) of 5 U.S.C. 552a.
(1) DOL/OASAM-20 (Personnel Investigation Records), a system of
records maintained by the Office of the Assistant Secretary for
Administration and Management (OASAM).
(2) DOL/OIG-1 (General Investigative Files, and Subject Title
Index, USDOL/OIG), a system of records maintained by the Office of the
Inspector General (OIG).
(3) DOL/OIG-2 (Freedom of Information/Privacy Acts Records), a
system of records maintained by the OIG.
(4) DOL/OIG-3 (Case Development Records), a system of records
maintained by the OIG.
(5) DOL/OIG-5 (Investigative Case Tracking Systems/Audit
Information Reporting Systems, USDOL/OIG), a system of records
maintained by the OIG.
(b) This exemption applies to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
(c) The systems of records listed under paragraphs (a)(1) through
(a)(5) of this section are exempted for the reasons set forth in
paragraphs (c)(1) through (6) of this section, from the following
subsections of 5 U.S.C. 552a:
(1) Subsection (c)(3). The release of the disclosure accounting,
for disclosures made pursuant to subsection (b) of the Act, including
those permitted under the routine uses published for this system of
records, would enable the subject of an investigation of an actual or
potential civil case to determine whether he or she is the subject of
investigation, to obtain valuable information concerning the nature of
that investigation and the information obtained, and to determine the
identity of witnesses or informants. Such access to investigative
information would, accordingly, present a serious impediment to the
investigation. In addition, disclosure of the accounting would
constitute notice to the individual of the existence of a record even
though such notice requirement under subsection (f)(1) is specifically
exempted for this system of records.
(2) Subsections (d)(1), (d)(2), (d)(3), and (d)(4). Access to the
records contained in these systems would inform the subject of an
actual or potential investigation of the existence of that
investigation, of the nature and scope of the information and evidence
obtained as to his or her activities, and of the identity of witnesses
or informants. Such access would, accordingly, provide information that
could enable the subject to avoid detection. This result, therefore,
would constitute a serious impediment to effective investigation not
only because it would prevent the successful completion of the
investigation but also because it could endanger the physical safety of
witnesses or informants, lead to the improper influencing of witnesses,
the destruction of evidence, or the fabrication of testimony.
(3) Subsection (e)(1). The notices for these systems of records
published in the Federal Register set forth the basic statutory or
related authority for maintenance of this system. However, in the
course of civil and related investigations, cases and matters, the
agency will occasionally obtain information concerning actual or
potential violations of law that are not strictly or technically within
its statutory or other authority or may compile information in the
course of an investigation which may not be relevant to a specific
case. In the interests of effective investigation, it is necessary to
retain some or all of such information in these systems of records
since it can aid in establishing patterns of compliance and can provide
valuable leads for Federal and other law enforcement agencies.
Moreover, it is difficult to know during the course of an investigation
what is relevant and necessary. In this connection, facts or evidence
may not seem relevant at first, but later in the investigation, their
relevance is borne out.
(4) Subsections (e)(4)(G) and (H). Since an exemption is being
claimed for subsections (f) (Agency Rules) and (d) (Access to Records)
of the Act, these subsections are inapplicable to the extent that these
systems of records are exempted from subsections (f) and (d).
(5) Subsection (e)(4)(I). The categories of sources of the records
in these systems have been published in the Federal Register in broad
generic terms in the belief that this is all that subsection (e)(4)(I)
of the Act requires. In the event, however, that this subsection should
be interpreted to require more detail as to the identity of sources of
the records in this system, exemption from this provision is necessary
in order to protect the confidentiality of the sources of investigatory
information. Such exemption is further necessary to protect the privacy
and physical safety of witnesses and informants.
(6) Subsection (f). Procedures for notice to an individual pursuant
to subsection (f)(1) as to existence of records pertaining to the
individual dealing with an actual or potential investigation must be
exempted because such notice to an individual would be detrimental to
the successful conduct and/or completion of an investigation or case,
pending or future. In addition, mere notice of the fact of an
investigation could inform the subject or others that their activities
are under or may become the subject of an investigation and could
enable the subjects to avoid detection, to influence witnesses
improperly, to destroy evidence, or to fabricate testimony. Since an
exemption is being claimed for subsection (d) of the Act (Access to
Records), the rules required pursuant to subsections (f)(2) through (5)
are inapplicable to these systems of records to the extent that these
systems of records are exempted from subsection (d).
Appendix A to Part 71--Responsible Officials
(a)(1) The titles of the responsible officials of the various
independent agencies in the Department of Labor are listed below.
This list is provided for information and to assist requesters in
locating the office most likely to have responsive records. The
officials may be changed by appropriate designation. Unless
otherwise specified, the mailing addresses of the officials shall
be: U.S. Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210-0002.
Secretary of Labor, Attention: Assistant Secretary for
Administration and Management (OASAM)
Deputy Solicitor, Office of the Solicitor
Chief Administrative Law Judge, Office of the Administrative Law
Judges (OALJs)
Legal Counsel (OALJs)
Assistant Secretary for Administration and Management (OASAM)
Deputy Assistant Secretary for Administration and Management (OASAM)
Director, Business Operations Center, OASAM
Director, Civil Rights Center, OASAM
Director, Human Resources Center, OASAM
Director, Information Technology Center, OASAM
Director, Worklife Center, OASAM
Director, Reinvention Center, OASAM
Director, Safety and Health Center, OASAM
Director, Conference and Services Center, OASAM
Chief Financial Officer, Office of the Chief Financial Officer
Associate Deputy Secretary for Adjudication
Chairperson, Administrative Review Board (ARB)
Chief Administrative Appeals Judge, Benefits Review Board (BRB)
Chairperson, Employees' Compensation Appeals Board (ECAB)
Executive Director, Office of Adjudicatory Services (OAS)
[[Page 56750]]
Director, Office of Small Business Programs
Director, Women's Bureau
Assistant Secretary Office of Congressional and Intergovernmental
Affairs (OCIA)
Deputy Assistant Secretary, OCIA
Assistant Secretary for Policy (ASP)
Deputy Assistant Secretary, ASP
Assistant Secretary, Office of Public Affairs (OPA)
Deputy Assistant Secretary, OPA
Disclosure Officer, Office of the Inspector General (OIG)
Director, Office of Management, Administration and Planning Bureau
of International Labor Affairs (ILAB)
Secretary, U.S. National Administrative Office (USNAO)
Assistant Secretary for Employment Standards, Employment Standards
Administration (ESA)
Director, Office of Management,
Administration and Planning (OMAP), ESA
Director, Equal Employment Opportunity Unit, ESA
Director, Office of Public Affairs, OMAP, ESA
Director, Division of Human Resources Management, OMAP, ESA
Director, Division of Legislative and Regulatory Analysis, OMAP, ESA
Director, Office of Workers' Compensation Programs (OWCP), ESA
Special Assistant to the Director, OWCP, ESA
Director for Federal Employees' Compensation, OWCP, ESA
Director for Longshore and Harbor Workers' Compensation, OWCP, ESA
Director for Coal Mine Workers' Compensation, OWCP, ESA
Administrator, Wage and Hour Division, ESA
Deputy Administrator, Wage and Hour Division, ESA
National Office Program Administrator, Wage and Hour Division, ESA
Deputy National Office Program Administrator, Wage and Hour
Division, ESA
Director, Office of Enforcement Policy, Wage and Hour Division, ESA
Deputy Director, Office of Enforcement Policy, Wage and Hour
Division, ESA
Director, Office of Planning and Analysis, Wage and Hour Division
ESA
Director, Office of Wage Determinations, Wage and Hour Division ESA
Director, Office of External Affairs, Wage and Hour Division, ESA
Director, Office of Quality and Human Resources, Wage and Hour
Division, ESA
Deputy Assistant Secretary for Federal Contract Compliance Programs
(OFCCP), ESA
Deputy Director, Office of Federal Contract Compliance Programs,
OFCCP, ESA
Director, Division of Policy, Planning and Program Development,
OFCCP, ESA
Deputy Director, Division of Policy, Planning and Program
Development, OFCCP, ESA
Director, Division of Program Operations, OFCCP, ESA
Deputy Director, Division of Program Operations, OFCCP, ESA
Director, Division of Management and Administrative Programs, OFCCP,
ESA
Deputy Assistant Secretary for Labor-Management Standards, ESA
Assistant Secretary of Labor, Employment and Training Administration
(ETA)
Deputy Assistant Secretary of Labor, Employment and Training
Administration (ETA)
Administrator, Office of Financial and Administrative Management,
ETA
Director, Office of Management, Information, and Support, ETA
Director, Office of Human Resources, ETA
Director, Office of the Comptroller, ETA
Director, Office of Grants and Contracts Management, ETA
Chief, Division of Resolution and Appeals, ETA
Chief, Division of Acquisition and Assistance, ETA
Chief, Division of Financial and Grant Management Policy and Review,
ETA
Director, Office of Regional Management, ETA
Administrator, Office of Policy and Research, ETA
Director, Unemployment Insurance Service, ETA
Director, United States Employment Service, ETA
Chief, Division of Foreign Labor Certifications, ETA
Administrator, Office of Job Training Programs, ETA
Director, Office of Welfare-to-Work Programs, ETA
Director, Office of Employment and Training Programs, ETA
Director, National Office of School to Work Opportunities, ETA
Director, Office of Job Corps, ETA
Director, Office of National Programs, ETA
Director, Bureau of Apprenticeship and Training, ETA
Administrator, Office of Work-Based Learning, ETA
Program Manager, Division of Policy and Analysis, Office of Worker
Retraining and Adjustment Programs, ETA
Program Manager, Division of Program Implementation, Office of
Worker Retraining and Adjustment Programs, ETA
Director, Office of Trade Adjustment Assistance, ETA
Director, Office of One-Stop/LMI, ETA
Director, Office of Equal Employment Opportunity, Occupational
Safety and Health Administration (OSHA)
Director, Office of Information and Consumer Affairs, OSHA
Director, Directorate Office of Construction, OSHA
Director, Directorate of Federal-State Operations, OSHA
Director, Directorate of Policy, OSHA
Director, Directorate of Administrative Programs, OSHA
Director, Personnel Programs, OSHA
Director, Office of Administrative Services, OSHA
Director, Office of Management Data Systems, OSHA
Director, Office of Management Systems and Organization, OSHA
Director, Office of Program Budgeting, Planning and Financial
Management, OSHA
Director, Directorate of Compliance Programs, OSHA
Director, Directorate of Technical Support, OSHA
Director, Directorate of Safety Standards Programs, OSHA
Director, Directorate of Health Standards Programs, OSHA
Director, Office of Statistics, OSHA
Director, Office of Program Services, Pension and Welfare Benefits
Administration
Assistant Secretary for Veterans' Employment and Training (VETS)
Deputy Assistant Secretary for Veterans' Employment and Training,
VETS
Director, Office of Operations and Programs, VETS
Chair, Benefits Review Board
Commissioner, Bureau of Labor Statistics (BLS)
Associate Commissioner, Office of Administration, BLS
The mailing address for responsible officials in the Bureau of
Labor Statistics is: Rm. 4040--Postal Square Bldg., 2 Massachusetts
Ave., NE, Washington, DC 20212-0001.
Director of Program Evaluation and Information Resources Mine Safety
and Health Administration (MSHA)
The mailing address for responsible official in the Mine Safety
and Health Administration (MSHA) is: 4015 Wilson Boulevard,
Arlington, Virginia 22203.
The mailing address for the Office of Administrative Law Judges
is: Chief, Office of Administrative Law Judges, 800 K Street, NW,
Suite N-400, Washington, DC 20001-8002.
(2) The titles of the responsible officials in the regional
offices of the various independent agencies are listed below: Unless
otherwise specified, the mailing address for these officials by
region, shall be:
Region I
U.S. Department of Labor, John F. Kennedy Federal Building, Boston,
Massachusetts 02203 (For Wage and Hour only: Contact Region III)
In Region I, Only, the mailing address for OSHA is:
133 Portland Street, 1st Floor, Boston, Massachusetts 02114
Region II
201 Varick Street, New York, New York 10014, (For Wage and Hour
only: Contact Region III)
Region III
Gateway Building, 3535 Market Street, Philadelphia, Pennsylvania
19104
Region IV
U.S. Department of Labor, Atlanta Federal Center, 61 Forsyth Street,
SW, Atlanta, Georgia 30303
214 N. Hogan Street, Suite 1006, Jacksonville, Florida 32202 (OWCP
Only)
Region V
Kluczynski Federal Building, 230 South Dearborn Street, Chicago,
Illinois 60604
1240 East Ninth Street, Room 851, Cleveland, Ohio 44199 (FEC only)
Region VI
525 Griffin Square Building, Griffin & Young Streets, Dallas, Texas
75202
[[Page 56751]]
Region VII
City Center Square Building, 1100 Main Street, Kansas City, Missouri
64105-2112 (For Wage and Hour only: Contact Region V)
801 Walnut Street, Room 200, Kansas City, Missouri 64106 (OFCCP
only)
Region VIII
1999 Broadway Street, Denver, Colorado 80202 (For Wage and Hour
only: Contact Region VI)
1801 California Street, Suite 915, Denver, Colorado 80202 (OWCP
only)
The mailing address for the Director of the Regional Bureau of
Apprentice and Training in Region VIII is: Room 465, U.S. Custom
House, 721--19th Street, Denver, CO 80202
Region IX
71 Stevenson Street, San Francisco, California 94105
Region X
1111 Third Avenue, Seattle, Washington 98101-3212 (For Wage and Hour
only: Contact Region IX)
Regional Administrator for Administration and Management (OASAM)
Regional Personnel Officer, OASAM
Regional Director for Information and Public Affairs, OASAM
Regional Administrator for Occupational Safety and Health and Safety
(OSHA)
Regional Commissioner, Bureau of Labor Statistics (BLS)
Regional Administrator for Employment and Training Administration
(ETA)
Regional Director, Job Corps, ETA
Director, Regional Bureau of Apprenticeship and Training, ETA
Regional Management Analyst, ETA-Atlanta, Georgia
Regional Administrator for Wage and Hour, ESA
Regional Director for Federal Contract Compliance Programs, ESA
Regional Director for the Office of Workers' Compensation Programs,
ESA
District Director, Office of Workers' Compensation Programs, ESA
Office of Federal Contract Compliance Programs ESA, Responsible
Offices, Regional Offices
JFK Federal Building, Room E-235, Boston, Massachusetts 02203
201 Varick Street, Room 750, New York, New York 10014
Gateway Building, Room 15340, 3535 Market Street, Philadelphia,
Pennsylvania 19104
61 Forsyth Street, SW, Suite 7B75, Atlanta, Georgia 30303
Klucynski Federal Building, Room 570, 230 South Dearborn Street,
Chicago, Illinois 60604
Federal Building, Room 840, 525 South Griffin Street, Dallas, Texas
75202
71 Stevenson Street, Suite 1700, San Francisco, California 94105-
2614
1111 Third Avenue, Suite 610, Seattle, Washington 98101-3212
Office of Workers' Compensation Programs ESA, Responsible
Officials, District Directors
John F. Kennedy, Federal Building, Boston, Massachusetts 02203 (FECA
and LHWCA Only)
201 Varick Street, Seventh Floor, New York, New York 10014 (FECA and
LHWCA only)
3535 Market Street, Philadelphia, Pennsylvania 19104 (FECA and LHWCA
only)
Penn Traffic Building, 319 Washington Street, Johnstown,
Pennsylvania 15901 (BLBA only)
105 North Main Street, Suite 100, Wilkes-Barre, Pennsylvania 18701
(BLBA Only)
Wellington Square, 1225 South Main Street, Greensburg, Pennsylvania
15601 (BLBA only)
300 West Pratt Street, Suite 240, Baltimore, Maryland 21201 (LHWCA
Only)
Federal Building, 200 Granby Mall, Room #212, Norfolk, Virginia
23510 (LHWCA only)
2 Hale Street, Suite 304, Charleston, West Virginia 25301 (BLBA
Only)
609 Market Street, Parkersburg, West Virginia 26101 (BLBA Only)
800 North Capitol Street NW, Washington, DC 20211 (FECA Only)
1200 Upshur Street, NW, Washington, DC 20210 (DCCA Only)
334 Main Street, Fifth Floor, Pikeville, Kentucky 41501 (BLBA only)
500 Springdale Plaza,
Spring Street, Mt. Sterling, Kentucky 40353 (BLBA Only)
214 N. Hogan Street, 10th Floor, Jacksonville, Florida 32201 (FECA
and LHWCA only)
230 South Dearborn Street, 8th Floor, Chicago, Illinois 60604 (FECA
and LHWCA)
1240 East 9th Street, Cleveland, Ohio 44199 (FECA Only)
274 Marconi Boulevard, 3rd Floor, Columbus, Ohio 43215 (BLBA Only)
525 Griffin Street, Federal Building, Dallas, Texas 75202 (FECA
Only)
701 Loyola Avenue, Room 13032, New Orleans, Louisiana 70113 (LHWCA
Only)
8866 Gulf Freeway, Suite 140, Houston, Texas 77017 (LHWCA Only)
City Center Square, Suite 750, 1100 Main Street, Kansas City,
Missouri 64105 (FECA Only)
1801 California Street, Denver, Colorado 80202 (FECA and BLBA Only)
71 Stevenson Street, 2nd Floor, San Francisco, California 94105
(LHWCA and FECA Only)
401 E. Ocean Boulevard, Suite 720, Long Beach, California 90802
(LHWCA Only)
300 Ala Moana Boulevard, Room 5119, Honolulu, Hawaii 96850 (LHWCA
Only)
1111 3rd Avenue, Seattle, Washington 98101-3212 (LHWCA and FECA
only)
Regional Administrator, Occupational Safety and Health
Administration (OSHA)
Area Director, OSHA
639 Granite Street, 4th Floor, Braintree, Massachusetts 02184
279 Pleasant Street, Suite 201, Concord, New Hampshire 03301
202 Harlow Street, Room 211, Bangor, Maine 04401
Federal Office Building, 450 Main Street, Room 508, Hartford,
Connecticut 06103
One LaFayette Square, Suite 202, Bridgeport, Connecticut 06604
1145 Main Street, Room 108, Springfield, Massachusetts 01103-1493
Federal Office Building, 380 Westminister Mall, Room 243,
Providence, Rhode Island 02903
Valley Office Park, 13 Branch Street, Methuen, Massachusetts 01844
6 World Trade Center, Room 881, New York, New York 10048
990 Westbury Road, Westbury, New York 11590
42-40 Bell Boulevard, Bayside, New York 11361
401 New Karner Road, Suite 300, Albany, New York 12205-3809
Plaza 35, Suite 205, 1030 St. Georges Avenue, Avenel, New Jersey
07001
299 Cherry Hill Road, Suite 304, Parsippany, New Jersey 07054
3300 Vikery Road, North Syracuse, New York 13212
5360 Genesee Street, Bowmansville, New York 14026
BBV Plaza Building, 1510 F.D. Roosevelt Avenue, Suite 5B, Guaynabo,
Puerto Rico 00968
500 Route 17 South, 2nd Floor, Hasbrouck Heights, New Jersey 07604
Marlton Executive Park, Building 2, Suite 120, 701 Route 73 South,
Marlton, New Jersey 08053
660 White Plains Road, 4th Floor, Tarrytown, New York 10591-5107
US Custom House, Room 242, Second & Chestnut Street, Philadelphia,
Pennsylvania 19106
One Rodney Square, Suite 402, 920 King Street, Wilmington, Delaware
19801
Federal Building, 1000 Liberty Avenue, Room 1428, Pittsburgh,
Pennsylvania 15222
3939 West Ridge Road, Suite B12, Erie, Pennsylvania 16506
Federal Office Building, 200 Granby Street, Room 835, Norfolk,
Virginia 23510
820 First Street, NE, Suite 440, Washington, DC 20002
20 North Pennsylvania Avenue, Penn Place, Room 2005, Wilkes-Barre,
Pennsylvania 18701-3590
850 North 5th Street, Allentown, Pennsylvania 18102
550 Eagan Street, Room 206, Charleston, West Virginia 25301
Federal Building, Room 1110, 300 W. Pratt St., Baltimore, Maryland
21201
Progress Plaza, 49 Progress Avenue, Harrisburg, Pennsylvania 17109
2400 Herodian Way, Suite 250, Smyrna, Georgia 30080
450 Mall Boulevard, Suite J, Savannah, Georgia 31406
Todd Mall, 2047 Canyon Road, Birmingham, Alabama 35216
8040 Peters Road, Building H-100, Fort Lauderdale, Florida 33324
Ribault Building, Suite 227, 1851 Executive Center Drive,
Jacksonville, Florida 32207
5807 Breckenridge Parkway, Suite A, Tampa, Florida 33610
1835 Assembly Street, Room 1468, Columbia, South Carolina 29201
[[Page 56752]]
3780 I-55 North, Suite 210, Jackson, Mississippi 39211-6323
3737 Government Boulevard, Suite 100, Mobile, Alabama 36693
2002 Richard Jones Road, Suite C-205, Nashville, Tennessee 37215
John C. Watts Federal Building, 330 West Broadway, Room 108,
Frankfort, Kentucky 40601
La Vista Perimeter Office Park, 2183 N. Lake Parkway, Building 7,
Suite 110, Tucker, Georgia 30084
Century Station Federal Office Building, 300 Fayetteville Mall, Room
438, Raleigh, North Carolina 27601
1600 167th Street, Suite 9, Calumet City, Illinois 60409
O'Hara Lake Plaza, 2360 East Devon Avenue, Suite 1010, Des Plaines,
Illinois 60018
344 Smoke Tree Business Park, North Aurora, Illinois 60542
Federal Office Building, 1240 East 9th Street, Room 899, Cleveland,
Ohio 44199
Federal Office Building, 200 N. High Street, Room 620, Columbus,
Ohio 43215
US P.O. & Courthouse Building, 46 East Ohio Street, Room 423,
Indianapolis, Indiana 46204
36 Triangle Park Drive, Cincinnati, Ohio 45246
2618 North Ballard Road, Appleton, Wisconsin 54915
Henry S. Reuss Building, Room 1180, 310 West Wisconsin Avenue,
Milwaukee, Wisconsin 53203
110 South 4th Street, Suite 1220, Minneapolis, Minnesota 55401
234 North Summit Street, Room 734, Toledo, Ohio 43604
801 South Waverly Road, Suite 306, Lansing, Michigan 48917-4200
4802 East Broadway, Madison, Wisconsin 53716
2918 W. Willow Knolls Road, Peoria, Illinois 61614
8344 East R.L. Thornton Freeway, Suite 420, Dallas, Texas 75228
903 San Jacinto Boulevard, Suite 319, Austin, Texas 78701
Westbank Building, Suite 820, 505 Marquette Avenue, NW, Albuquerque,
New Mexico 87102
2156 Wooddale Boulevard, Hoover Annex, Suite 200, Baton Rouge,
Louisiana 70806
Wilson Plaza, 606 N. Carancahua, Suite 700, Corpus Christi, Texas
78401
Federal Office Building, 1205 Texas Avenue, Room 806, Lubbock, Texas
79401
350 North Sam Houston Parkway East, Suite 120, Houston, Texas 77060
17625 El Camino Real, Suite 400, Houston, Texas 77058
420 West Main Place, Suite 300, Oklahoma City, Oklahoma 73102
North Starr II, Suite 430, 8713 Airport Freeway, Fort Worth, Texas
76180-7604
TCBY Building, Suite 450, 425 West Capitol Avenue, Little Rock,
Arkansas 72201
4171 North Mesa Street, Room C119, El Paso, Texas 79902
6200 Connecticut Avenue, Suite 100, Kansas City, Missouri 64120
911 Washington Avenue, Room 420, St. Louis, Missouri 63101
210 Walnut Street, Room 815, Des Moines, Iowa 50309
300 Epic Center, 301 North Main, Wichita, Kansas 67202
Overland--Wolf Building, Room 100, 6910 Pacific Street, Omaha,
Nebraska 68106
8600 Farley, Suite 105, Overland Park, Kansas 66212-4677
2900 Fourth Avenue, North, Suite 303, Billings, Montana 59101
220 E. Rosser, Room 348, P.O. Box 2439, Bismarck, North Dakota 58501
7935 East Prentice Avenue, Suite 209, Englewood, Colorado 80011-2714
1391 Speer Boulevard, Suite 210, Denver, Colorado 80204
1781 South 300 West, P.O. Box 65200, Salt Lake City, Utah 84165-0200
71 Stevenson Street, Room 420, San Francisco, California 94105
101 El Camino Plaza, Suite 105, Sacramento, California 95815
5675 Ruffin Road, Suite 330, San Diego, California 92123
300 Ala Moana Boulevard, Suite 5122, P.O. Box 50072, Honolulu,
Hawaii 96850
3221 North 16th Street, Suite 100, Phoenix, Arizona 85016
705 North Plaza, Room 204, Carson City, Nevada 89701
301 West Northern Lights Boulevard, Suite 407, Anchorage, Alaska
99503
3050 North Lakeharbor Lane, Suite 134, Boise, Idaho 83703
505 106th Avenue, Northeast, Suite 302, Belleview, Washington 98004
1220 Southwest Third Avenue, Room 640, Portland, Oregon 97204
Pension and Welfare Benefits Administration Regional Director or
District Supervisor
Regional Director, J.F.K. Federal Bldg., Room 575, Boston,
Massachusetts 22203
Regional Director, 1633 Broadway, Rm. 226, New York, N.Y. 10019
Regional Director, 3535 Market Street, Room M300, Gateway Building,
Philadelphia, Pennsylvania 19104
District Supervisor, 1730 K Street N.W., Suite 556, Washington, DC
20006
Regional Director, 61 Forsyth Street, S.W., Room 7B54, Atlanta,
Georgia 30303
District Supervisor, 8040 Peters Road, Building H, Suite 104,
Plantation, Florida 33324
Regional Director, 1885 Dixie Highway, Suite 210, Ft. Wright,
Kentucky 41011
District Supervisor, 211 West Fort Street, Suite 1310, Detroit,
Michigan 48226-3211
Regional Director, 200 West Adams Street, Suite 1600, Chicago,
Illinois 60606
Regional Director, City Center Square, 1100 Main Street, Suite 1200,
Kansas City, Missouri 64105
District Supervisor, 815 Olive Street, Room 338, St. Louis, Missouri
63101
Regional Director, 525 Griffin Street, Room 707, Dallas, Texas 75202
Regional Director, 71 Stevenson Street, Suite 915, P.O. Box 190250,
San Francisco, California 94119-0250
District Director, 1111 Third Avenue, Room 860, Seattle, Washington
98101-3212
Regional Director, Suite 514, 790 E. Colorado Blvd, Pasadena, CA
91101
Regional Administrators, Veterans' Employment and Training Service
(VETS)
Region I
J.F. Kennedy Federal Building, Government Center, Room E-315,
Boston, Massachusetts 02203
Region II
201 Varick Street, Room 766, New York, New York 10014
Region III
U.S. Customs House, Room 802, Second and Chestnut Streets,
Philadelphia, Pennsylvania 19106
Region IV
Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T85, Atlanta,
Georgia 30303
Region V
230 South Dearborn, Room 1064, Chicago, Illinois 60604
Region VI
525 Griffin Street, Room 858, Dallas, Texas 75202
Region VII
Center City Square, 1100 Main Street, Suite 850, Kansas City,
Missouri 64105-2112
Region VIII
1801 California Street, Suite 910, Denver, Colorado 80202-2614
Region IX
71 Stevenson Street, Suite 705, San Francisco, California 94105
Region X
1111 Third Avenue, Suite 800, Seattle, Washington 98101-3212
Signed at Washington, DC, this 15th day of October, 1998.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 98-28212 Filed 10-21-98; 8:45 am]
BILLING CODE 4510-27-P
