[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9144]


[[Page Unknown]]

[Federal Register: April 15, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF LABOR
 

Privacy Act of 1974; Publication of Two New Systems of Records

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of new systems of records.

-----------------------------------------------------------------------

SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document adds two new systems of records to this Department's September 
23, 1993 publication in full of all of our systems of records. With the 
addition of these two new systems of records, the Department will be 
maintaining 140 systems of records.

DATES: Persons wishing to comment on these two new systems of records 
may do so by June 14, 1994.

EFFECTIVE DATE: Unless there is a further notice in the Federal 
Register, these two new systems of records will become effective on 
July 5, 1994.

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

FOR FURTHER INFORMATION CONTACT:
Miriam McD. Miller, Co-Counsel for Administrative Law, Office of the 
Solicitor, Department of Labor, 200 Constitution Avenue NW., room N-
2428, Washington, DC 20210, telephone (202) 219-8188.

SUPPLEMENTARY INFORMATION: Pursuant to section three of the Privacy Act 
of 1974 (5 U.S.C. 552a(e)(4)), hereinafter referred to as the Act, the 
Department hereby publishes notice of two new systems of records 
currently maintained pursuant to the Act.

    This document supplements this Department's recent publication in 
full of all of our Privacy Act systems of records. On September 23, 
1993, in Volume 58 at page 49548 of the Federal Register, we published 
a notice of all 138 systems of records which we maintain under the Act. 
Of those 138 systems, there were 37 new systems. The two new systems 
presented herein are in addition to the 138 current systems, for a 
total of 140 systems. The two new systems presented herein are DOL/
OASAM-31 and DOL/PCEPD-1. They are summarized as follows:

DOL/OASAM-31

    ``DOL Flexible Workplace (Flexiplace) Pilot Programs Evaluation and 
Files'' is a new system which is used solely for statistical research 
or evaluation of the DOL Flexiplace Pilot Programs. The records in this 
system may include the characteristics of the program participants, the 
description of program activities, program outcomes and follow-up 
information.

DOL/PCEPD-1

    ``Job Accommodation Network (JAN) Files'' is a new system which 
makes it possible for employers, individuals with disabilities and 
others to share information about job accommodations. The JAN system 
compiles a comprehensive resource data bank for job accommodations 
currently available.

Universal Routine Uses

    In our September 23, 1993 publication, the Department gave notice 
of eleven paragraphs containing routine uses which apply to all of our 
systems of records, except for DOL/OASAM-5 and DOL/OASAM-7. These 
eleven paragraphs were presented in the General Prefatory Statement for 
that document, and it appeared at Pages 49554-49555 of Volume 58. At 
this time we are republishing the General Prefatory Statement as a 
convenience to the reader of this document. At this time we are 
amending paragraphs 8 and 11, herein, to correct a grammatical mistake 
when they appeared in the September 23rd publication.
    The public, the Office of Management and Budget (OMB), and the 
Congress are invited to submit written comments on these two new 
systems. A report on these two new systems has been provided to OMB and 
to the Congress as required by OMB Circular A-130, Revised, and 5 
U.S.C. 552a(r).

General Prefatory Statement

    The following routine uses apply to and are incorporated by 
reference into each system of records published below unless the text 
of a particular notice of a system of records indicates otherwise. 
These routine uses do not apply to DOL/OASAM-5 Rehabilitation and 
Counseling File nor to DOL/OASAM-7- Employee Medical Records.
    1. It shall be a routine use of the records in this system of 
records to disclose them to the Department of Justice when: (a) The 
agency or any component thereof; or (b) any employee of the agency in 
his or her official capacity where the Department of Justice has agreed 
to represent the employee; or (c) the United States Government, is a 
party to litigation or has an interest in such litigation, and by 
careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records by 
the Department of Justice is therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    2. It shall be a routine use of the records in this system of 
records to disclose them in a proceeding before a court or adjudicative 
body, when: (a) The agency or any component thereof; or (b) any 
employee of the agency in his or her official capacity; or (c) any 
employee of the agency in his or her individual capacity where the 
agency has agreed to represent the employee; or (d) the United States 
Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the agency determines that the 
records are both relevant and necessary to the litigation and the use 
of such records is therefore deemed by the agency to be for a purpose 
that is compatible with the purpose for which the agency collected the 
records.
    3. When a record on its face, or in conjunction with other records, 
indicates a violation or potential violation of law, whether civil, 
criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal, or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity, 
and by careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records is 
therefore deemed by the agency to be for a purpose that is compatible 
with the purpose for which the agency collected the records.
    4. A record from this system of records may be disclosed to a 
Member of Congress or to a Congressional staff member in response to an 
inquiry of the Congressional office made at the written request of the 
constituent about whom the record is maintained.
    5. Records from this system of records may be disclosed to the 
National Archives and Records Administration or to the General Services 
Administration for records management inspections conducted under 44 
U.S.C. 2904 and 2906.
    6. Disclosure may be made to agency contractors, or their 
employees, consultants, grantees, or their employees, or volunteers who 
have been engaged to assist the agency in the performance of a 
contract, service, grant, cooperative agreement or other activity 
related to this system of records and who need to have access to the 
records in order to perform the activity. Recipients shall be required 
to comply with the requirements of the Privacy Act of 1974, as amended, 
5 U.S.C. 552a; see also 5 U.S.C. 552a(m).
    7. The name and current address of an individual may be disclosed 
from this system of records to the parent locator service of the 
Department of HHS or to other authorized persons defined by Pub. L. 93-
647 for the purpose of locating a parent who is not paying required 
child support.
    8. Disclosure may be made to any source from which information is 
requested in the course of a law enforcement or grievance 
investigation, or in the course of an investigation concerning 
retention of an employee or other personnel action, the retention of a 
security clearance, the letting of a contract, the retention of a 
grant, or the retention of any other benefit, to the extent necessary 
to identity the individual, inform the source of the purpose(s) of the 
request, and identify the type of information requested.
    9. Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the hiring or retention of an 
employee, the granting or retention of a security clearance, the 
letting of a contract, a suspension or debarment determination or the 
issuance or retention of a license, grant, or other benefit.
    10. A record from any system of records set forth below may be 
disclosed to the Office of Management and Budget in connection with the 
review of private relief, legislative coordination and clearance 
process.
    11. Disclosure may be made to a debt collection agency that the 
United States has contracted with for collection services to recover 
debts owed to the United States.

Publication of two new systems of records

DOL/OASAM-31
    DOL Flexible Workplace (Flexiplace) Pilot Programs Evaluation and 
Files.
    None.
    DOL/OASAM/Directorate of Personnel Management, Office of Employment 
and Evaluation.
    DOL Participants in Flexiplace Pilot Programs.
    Records in the system may include characteristics of program 
participants, such as number of dependents and national origin, 
description of program activities, program outcomes and participant 
follow-up information obtained at six-month intervals during the first 
eighteen months of the individual's participation.
    5 U.S.C. 301.
    These records are used solely for statistical research or 
evaluation of the DOL Flexiplace Pilot Programs and are not used in any 
way for making any determination about an identifiable individual
    None, except for those routine uses listed in the General Prefatory 
Statement to this document.
    None.
    Records are maintained in manual files and on computer disks.
    Records are retrieved by individual(s) names(s).
    Records are maintained on secure computer systems and can only be 
retrieved with the proper access code.
    Records will be retained for three years after the conclusion of 
the studies and then destroyed. After the conclusion of the studies, 
the database will be retained without individual identifiers (which 
will be deleted from the files) for statistical purposes only.
    U.S. Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Directorate of Personnel Management, 
Director, Office of Employment and Evaluation, Room N5460, Frances 
Perkins Building, 200 Constitution Avenue, NW., Washington, DC 20210.
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the systems manager 
listed above. Individuals must furnish the following information for 
their records to be located and identified: Name, GS grade and series, 
organizational unit.
    Individuals wishing to request access to records pertaining to them 
should contact the systems manager. Individuals must furnish the 
following information for their records to be located and identified: 
Name, GS grade and series, organizational unit. Individuals requesting 
access must also comply with DOL's Privacy Act regulations pertaining 
to verification of identity set forth at 29 CFR 70a.5.
    Individuals wishing to contest information in their files may, 
pursuant to Departmental regulations at 29 CFR 70a.7, write to the 
system manager at the specified address above, reasonably identify the 
records pertaining to them, the information which is being contested in 
those records, the corrective action(s) being sought, and the reasons 
for the correction(s).
    Individual participants, their supervisors, and evaluation project 
files.
    Not applicable.
DOL/PCEPD-1
    Job Accommodation Network (JAN) Files.
    None.
    Job Accommodation Network; West Virginia University; P.O. Box 6080, 
Morgantown, West Virginia, 26505-6080.
    Individuals with disabilities and the general public who request 
information through the JAN system.
    Caller's name, address, telephone number, type of disability, 
functional limitations caused by the disability, accommodations 
discussed, type of firm or organization for whom the caller works, 
anecdotal information recorded by the human factors consultant.
    5 U.S.C. 301
    System makes it possible for employers, individuals with 
disabilities and others to share information about job accommodations. 
The JAN system compiles a comprehensive resource data bank for job 
accommodations currently available.
    None, except for those routine uses listed in the General Prefatory 
Statement to this document.
    None.
    Computer disks.
    The data is stored on computer disk, stored in central file server 
and is available only to those individuals with a password security 
clearance.
    Records are retrieved by caller's name, state, disability, 
functional limitation, accommodation, type of company for whom 
individual worked, or type of information requested.
    Data is maintained for 20 years and is then destroyed by deletion.
    The systems manager is the Job Accommodations Network, West 
Virginia University, P.O. Box 6080, Morgantown, WV 26506-6080.
    Mail all inquiries or present in writing to the President's 
Committee on Employment of People with Disabilities, 1331 F Street NW., 
DC 20004 or to the Freedom of Information Act/Privacy Act Coordinator, 
at U.S. Department of Labor/PCEPD, 200 Constitution Avenue NW., room 
N4671, Washington, DC 20210.
    Individuals wishing to gain access shall write to the President's 
Committee on Employment of People with Disabilities at the above 
address and must meet the requirements of Departmental regulations 
implementing the Privacy Act, 29 CFR 70a.7.
    Individuals wishing to contest information in their files may, 
pursuant to Departmental regulations at 29 CFR 70a.7, write to the 
system manager at the specified address above, reasonably identify the 
records pertaining to them, the information which is being contested in 
those records, the corrective action(s) being sought, and the reasons 
for the correction(s).
    Callers to the JAN system.
    Not applicable.

    Signed at Washington, DC this 11th day of April, 1994.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 94-9144 Filed 4-14-94; 8:45 am]
BILLING CODE 4510-23