[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24897-24899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11462]



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DEPARTMENT OF LABOR

Privacy Act of 1974; Publication of a New System of Records; 
Amendment of an Existing System

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of a New Systems of Records; amendment of an existing 
system of records.

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SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document adds a new system of records to this Department's current 
systems of records. With the addition of this new system of records, 
the Department will be maintaining 141 systems of records. The 
Department also hereby amends an existing system of records, with 
respect to the Purpose category, to clarify that these records are used 
for statistical research and to evaluate the DOL Flexiplace Pilot 
Programs. Finally, the categories for System Location and for System 
Manager and Address are amended.

DATES: Persons wishing to comment on this new systems of records may do 
so by June 19, 1995.

EFFECTIVE DATE: Unless there is a further notice in the Federal 
Register this new system of records will become effective on July 5, 
1995. The amendments to DOL/OASAM-31 are administrative (non-
substantive), and therefore, will become effective on May 10, 1995.

ADDRESSES: Written comments may be mailed or delivered to Robert A. 
Shapiro, Associate Solicitor, Division of Legislation and Legal 
Counsel, 200 Constitution Avenue, N.W., 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, N.W., 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 a new system of records currently 
maintained pursuant to the Act. This document supplements this 
Department's last publication in full of all of its Privacy Act systems 
of records. On September 23, 1993, in Volume 58 at Page 49548 of the 
Federal Register, we published a notice of all 138 systems of records 
which were maintained under the Act. Of those 138 systems, there were 
37 new systems. On April 25, 1994 (59 FR 18156) the Department 
published two new systems, which brings the total of system of records 
to 140.
    1. The new system presented herein is entitled DOL/ILAB-1, 
Arbitrators/Experts/Consultant Candidates' Bigoraphies. The system 
contains biographies of arbitrators, experts and consultant candidates 
who are nominated or selected for positions for the U.S. National 
Administrative Office or for the Secretariat for the North American 
Agreement on Labor Cooperation (NAALC) which is a supplement to the 
North American Free Traded Agreement (NAFTA).
    2. The Department also hereby amends an existing system of records, 
with respect to the purpose category, to clarify that these records are 
used for statistical research and to evaluate the DOL Flexiplace Pilot 
Programs. Finally, the categories for System Location and for System 
Manager and Address are amended.

Universal Routine Uses

    In its September 23, 1993 publication, the Department gave notice 
of eleven paragraphs containing routine uses which apply to all of its 
systems of records, except for DOL/OASAM-5 and DOL/OASAM-7. These 
eleven paragraphs were presented in the General Prefatory Statement for 
that document, and it appeared at Pages 49554-49555 of Volume 58 of the 
Federal Register. Those eleven paragraphs were republished in an April 
15, 1994 document in order to correct grammatical mistakes in the 
September 23, 1993 version. At this time we are republishing the April 
15, 1994 version of the General Prefatory Statement as a convenience to 
the reader of this document. This republication will correct a 
typographical error in paragraph 8 of the General Prefatory Statement 
whereby the word ``identity'' is corrected to read ``identify''.
    The public, the Office of Management and Budget (OMB), and the 
Congress are invited to submit written comments on this new system. A 
report on this new system has been provided to OMB and to the Congress 
as required by OMB Circular A-130, Revised, and 5 U.S.C. 
552a(r). [[Page 24898]] 

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 Public law 
93-647 for the purpose of locating a parent who is not paying required 
child support.
    8. Disclosure may be made to any source from which information is 
requested in the course of a law enforcement or grievance 
investigation, or in the course of an investigation concerning 
retention of an employee or other personnel action, the retention of a 
security clearance, the letting of a contract, the retention of a 
grant, or the retention of any other benefit, to the extent necessary 
to identify the individual, inform the source of the purpose(s) of the 
request, and identify the type of information requested.
    9. Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the hiring or retention of an 
employee, the granting or retention of a security clearance, the 
letting of a contract, a suspension or debarment determination or the 
issuance or retention of a license, grant, or other benefit.
    10. A record from any system of records set forth below may be 
disclosed to the Office of Management and Budget in connection with the 
review of private relief, legislative coordination and clearance 
process.
    11. Disclosures may be made to a debt collection agency that the 
United States has contracted with for collection services to recover 
debts owed to the United States.

I. Publication of a New System of Records

DOL/ILAB-1
    Arbitrators/Experts/Consultant Candidates' Biographies.
    Unclassified
    U.S. National Administrative Office, U.S. Department of Labor, 
Bureau of International Labor Affairs, Room C-4327, 200 Constitution 
Avenue, N.W., Washington, D.C. 20210.
    Individuals who applied, are nominated or are selected to serve as 
arbitrators, experts, advisors, consultants, contractors or similar 
positions for the U.S. National Administrative Office or the 
Secretariat for the North American Agreement on Labor Cooperation 
(NAALC), the supplemental agreement on labor issues to the North 
American Free Trade Agreement (NAFTA).
    Application and nomination letters; resumes, biographical sketches, 
curriculum vitae, and other related documents.
    North American Agreement on Labor Cooperation Articles 23, 28, and 
30; 58 FR 69410; and 5 U.S.C. 301.
    These records are established when individuals nominate themselves 
or are recommended for appointments as arbitrators, experts, 
consultants, contractors, advisory committee members or similar 
positions with the U.S. National Administrative Office or the 
Secretariat for the NAALC. The records are used by the Deputy Under 
Secretary of Labor for International Affairs to make selections or 
recommendations as appropriate to the [[Page 24899]] Secretary of Labor 
or Executive Director of the Secretariat for appointment.
    None, except for those uses listed in the General Prefatory 
Statement to this document.
    None.
    Manual files and computer disk.
    By Nominee's name and by selected skills categories.
    Locked storage equipment and personnel screening.
    a. Advisory committee members, arbitrators, contractors, 
consultants, and experts: Permanent transfer to National Archives three 
(3) years after expiration of term of service.
    b. Nominees not selected: destroy files when five (5) years old.
    Secretary, U.S. National Administrative Office, U.S. Department of 
Labor, Bureau of International Labor Affairs, Room C-4327, Washington, 
D.C. 20210.
    Individuals wishing to gain access to non-exempt records should 
contact the system manager at the system location above.
    A request for access shall be addressed to the system manager at 
the address listed above. Individuals must furnish the following 
information for their records to be located and identified:
    a. Name;
    b. Approximate date for investigation;
    c. Individuals requesting access must also comply with the Privacy 
Act regulations regarding verification of the identity to records at 29 
CFR 70a.4.
    A petition for amendments shall be addressed to the System Manager 
and must meet the requirements of 29 CFR 70a7.
    Nominations submitted by individuals within the system, other 
individuals and organizations and by government agencies.
    Not applicable.

II. Publication of an Amendment

    DOL/OASAM-31, DOL Flexible Workplace (Flexiplace) Pilot Programs 
Evaluation and Files, is amended by revising three categories, System 
Location, Purpose, and System Manager and Address, to read as follows:
DOL/OASAM-31
    DOL Flexible Workplace (Flexiplace) Pilot Programs Evaluation and 
Files.
* * * * *
    DOL/OASAM/Office of Human Resources, Office of Human Resource 
Systems.
* * * * *
    These records are used for statistical research and to evaluate the 
DOL Flexiplace Pilot Programs.
* * * * *
    U.S. Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Office of Human Resources, Office of 
Human Resource Systems, Room N-5470, Frances Perkins Building, 200 
Constitution Avenue, N.W., Washington, DC 20210.

    Signed at Washington, DC, this 5th day of May 1995.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 95-11462 Filed 5-9-95; 8:45 am]
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