[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Proposed Rules]
[Pages 40406-40418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19476]



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Part II





Department of Labor





_______________________________________________________________________



Office of the Secretary



Office of the Worker's Compensation Program



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20 CFR Part 10



29 CFR Parts 70a and 71



Privacy Act of 1974; Implementation and Use and Disclosure of Federal 
Employees' Compensation Claims File Material; Proposed Rules

  Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / 
Proposed Rules  

[[Page 40406]]



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 proposed rulemaking.

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SUMMARY: The Department of Labor proposes to revise 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 
almost 20 years ago and are in need of revision. In their place new 
regulations are being proposed. The intent of the proposed regulations 
is to conform Labor Department requirements with the caselaw which 
evolved under the Privacy Act over the past years and to provide 
clarity.

DATES: Comments must be received before September 26, 1997.

ADDRESS: Comments should be mailed to Robert A. Shapiro, Associate 
Solicitor for Legislation and Legal Counsel, Office of the Solicitor, 
U.S. Department of Labor, Room N-2428, 200 Constitution Avenue, NW., 
Washington, DC 20210-0002.

FOR FURTHER INFORMATION CONTACT: Miriam McD. Miller, Co-Counsel for 
Administrative Law, telephone (202) 219-8188.

SUPPLEMENTARY INFORMATION: The proposed regulations address 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 proposed rule correlates with the Department's earlier 
publication, in full, 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 
proposes to exempt thirty-nine of those systems.
    Below, accordingly, the Department proposes to revise 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. At this 
time the Department is withdrawing its September 12, 1984 proposal 
published at 49 FR 35800 to amend 29 CFR part 70a. That proposal has 
been obviated by this proposal.

Discussion

    A. The major effect of this proposal 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 subsection (j)(2) , (k)(2) or (k)(5) of Title 
5 of section 552a.
    B. The proposed 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 proposal is much 
more detailed and more instructive to the public than is the existing 
rule.
    C. The existing rule places the listing of the disclosure officers 
within the body of the rule. The proposal places them in an appendix at 
the end of the rule. This structure is more readable for the public.
    D. The proposal, 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. This 
means that 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. Finally, the proposal increases the fees for 
photocopying from $.10 to $.15 per page, and it raises the minimum 
payment to $15.00.

Regulatory Procedures

Executive Order 12866

    The proposed 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 proposed rule raises 
certain novel legal and policy issues arising out of legal mandates, 
the President's priorities, and principles set forth in the Execuitve 
Order.
    Accordingly, because the proposal 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 proposal 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 proposed rule addresses access to records 
and related matters, and clearly does not affect the economy in a 
material fashion.

Regulatory Flexibility Act

    This proposed rule, if promulgated in final, 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 proposed rule, if promulgated in final, 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 proposed rule, if promulgated in final, 
will not create an unfunded Federal mandate upon any State, local or 
tribal government.
    Unfunded Mandates Reform Act of 1995--This proposed rule, if 
promulgated in final, 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.

[[Page 40407]]

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.

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 proposed to be 
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

Sec.
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):
    (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 offically 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.

[[Page 40408]]

    (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 acknowledgement 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 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

[[Page 40409]]

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.
    (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

[[Page 40410]]

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.
    (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 amendment.

    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.

[[Page 40411]]

    (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 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 (1), (e) (5) and (8), (f) and (g).
    (1) 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).
    (2) DOL/OIG-2 (Freedom of Information/Privacy Acts Records), a 
system of records maintained by the OIG.
    (3) DOL/OIG-3 (Case Development Records), a system of records 
maintained by the OIG.
    (4) DOL/OIG-5 (Investigative Case Tracking Systems/Audit 
Information Reporting Systems, USDOL/OIG), a system of records 
maintained by the OIG.
    (5) DOL/OAW-1 (Investigative Files), a system of records maintained 
by the Office of the Labor-Management Standards.
    (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 below, 
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

[[Page 40412]]

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 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 investgative 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.

[[Page 40413]]

    (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/ETA-16 (Employment and Training Administration 
Investigatory File), a system of records maintained by the Employment 
and Training Administration (ETA).
    (19) DOL/ETA-22 (ETA Employee Conduct Investigations), a system of 
records maintained by ETA.
    (20) 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).
    (21) DOL/OIG-2 (Freedom of Information/Privacy Acts Records), a 
system of records maintained by the OIG.
    (22) DOL/OIG-3 (Case Development Records), a system of records 
maintained by OIG.
    (23) DOL/OIG-5 (Investigative Case Tracking Systems/Audit 
Information Reporting Systems, USDOL/OIG), a system of records 
maintained by OIG.
    (24) DOL/OAW-1 (Investigative Files), a system maintained by the 
Office of Labor-Management Standards.
    (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 below, 
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

[[Page 40414]]

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 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 below, 
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 invesigation 
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

[[Page 40415]]

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, N.W., Washington, 
D.C. 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)
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, Program Management and Information Center, OASAM
Director, Reinvention Center, OASAM
Director, Safety and Health Center, OASAM
Director, DOL Academy
Director, Office of Small Business and Minority Affairs
Chairperson, Employees' Compensation Appeals Board (ECAB)
Chief Administrative Appeals Judge, Benefits Review Board (BRB)
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
Director, Office of Administrative Review Board (ARB)
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),
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
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 
Divison, 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 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 Programs, ESA
Deputy Assistant Secretary for Labor-Management Standards, ESA
Deputy Assistant Secretary for Work and Technology Policy, 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 Administative 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
Administrator, 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 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, 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, Office of Personnel Management, OSHA
Director, Office of Administrative Services, OSHA
Director, Office of Management Data Systems, OSHA
Director, Office of Management Systems and Organization, OSHA

[[Page 40416]]

Director, Office of Program Budgeting, Planning and Financial 
Management, 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 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

    The mailing address for responsible official 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 field 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

    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

Region III

Gateway Building, 3535 Market Street, Philadelphia, Pennsylvania 
19104

Region IV

U.S. Department of Labor, Atlanta Federal Center, 61 Forsyth Street, 
S.W. 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

Region VII

Center City Square Building, 1100 Main Street, Kansas City, Missouri 
64105
801 Walnut Street, Room 200, Kansas City, Missouri 64106, (OFCCP 
only)

Region VIII

1999 Broadway Street, Denver, Colorado 80202

    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

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

Wage and Hour Division, ESA Responsible Officials, District Offices

135 High Street, Room 310, Hartford, Connecticut 06103
66 Pearl Street, Room 201, Portland, Maine 04101
One Bowdoin Square, 8th Floor, Boston, Massachusetts 02114
200 Sheffield St., Room 102, Mountainside, New Jersey 07092
3131 Princeton Pike, Building 5, Room 216, Lawrenceville, New Jersey 
08648
Leo W. O' Brien Federal Bldg. Rm. 822, Albany, New York 12207
1967 Turnbull Avenue, Bronx, New York 10473
111 West Huron Street, Room 1512, Buffalo, New York 14202
825 East Gate Boulevard, Room 202, Garden City, New York 11530
26 Federal Plaza, Room 3838, New York, New York 10278
159 Carlos Chardon Street, Room 102, Hato Rey, Puerto Rico 00918
Federal Office Building, 103 South Gay Street, Room 913, Baltimore, 
Maryland 21202
U.S. Custom House, Room 238, Second and Chestnut Streets, 
Philadelphia, Pennsylvania 19106
Federal Building, Room 313, 1000 Liberty Avenue, Pittsburgh, 
Pennsylvania 15222
3329 Penn Place, 20 North Pennsylvania Ave., Wilkes-Barre, 
Pennsylvania 18701
The 700 Building, 700 East Franklin Street, Suite 560, Richmond, 
Virginia 23219
2 Hale Street, Suite 301, Charleston, West Virginia 25301-2834
100 Alabama Street, S.W., Room 7M10, Atlanta, Georgia 30303
Medical Forum Building, 950--22nd Street North, Suite 656, 
Birmingham, Alabama 35203
Federal Building, Room 408, 299 East Broward Boulevard, Fort 
Lauderdale, Florida 33301-1976
3728 Phillips Hwy., Suite 219, Jacksonville, Florida 32207-0880
Sunset Center, 10300 Sunset Drive, Room 255, Miami, Florida 33173-
3038
Austin Laurel Bldg., Suite 300, 4905 W. Laurel Street, Tampa, 
Florida 33607-3838
Gene Snyder U.S. Courthouse & Customhouse, Room 31, 601 Broadway, 
Louisville, Kentucky 40202-9570
800 Briar Creek Road, Suite CC-412, Charlotte, North Carolina 28205-
6903
Somerset Park Building, 4407 Bland Rd., Suite 260, Raleigh, North 
Carolina 27609
Federal Building, Room 1072, 1835 Assembly Street, Columbia, South 
Carolina 29201
1 Jackson Place, No. 1020, 188 East Capitol Street, Jackson, 
Mississippi 39201, 1321 Murfreesboro Road, Suite 511, Nashville, 
Tennessee 37217-3131
230 South Dearborn Street, Room 412, Chicago, Illinois 60604-1595
509 West Capitol Avenue, Suite 205, Springfield, Illinois 62704
429 N. Pennsylvania Street, Room 403, Indianapolis, Indiana 46204-
1873
River Glen Plaza, Suite 160, 501 East Monroe, South Bend, Indiana 
46601-1615
2920 Fuller Avenue, Suite 100, Grand Rapids, Michigan 49505-3409
Bridge Place, Room 106, 220 South Second Street, Minneapolis, 
Minnesota 55401-2104
Federal Office Building, Room 817, 1240 East Ninth Street, 
Cleveland, Ohio 44199-2054
525 Vine Street, Room 880, Cincinnati, Ohio 45202-3268
200 North High Street, Room 646, Columbus, Ohio 43215-2475
Federal Center Building, Room 309, 212 East Washington Avenue, 
Madison, Wisconsin 53703-2878
TCBY Building, Suite 725, 425 West Capitol, Little Rock, Arkansas 
72201
701 Loyola Avenue, Room 13028, New Orleans, Louisiana 70113
Western Bank Bldg, Suite 840, 505 Marquette, NW, Albuquerque, New 
Mexico 87102-2160
Wilson Plaza, 606 N. Carancachua, Suite 710, Corpus Christi, Texas 
78476
Federal Building, Room 507, 525 South Griffin Street, Dallas, Texas 
75202-5007
2320 LaBranch, Room 2100, Houston, Texas 77004
Northchase 1 Office Building, Suite 140, 10127 Morocco, San Antonio, 
Texas 78216
Fifty-One Yale Building, Suite 303, 5110 South Yale, Tulsa, Oklahoma 
74135-7438
Federal Building, Room 643, 210 Walnut Street, Des Moines, Iowa 
50309

[[Page 40417]]

Gateway Tower II, Suite 706, 400 State Avenue, Kansas City, Missouri 
66101
1222 Spruce Street, Room 9102B, St. Louis, Missouri 63103
Federal Building, Room 715, 106 South 15th Street, Omaha, Nebraska 
68102
Federal Office Building, Room 615, 1961 Stout Street, P.O. Drawer 
3505, Denver, Colorado 80294
10 West Broadway, Suite 307, Salt Lake City, Utah 84101
3221 North 16th Street, Suite 301, Phoenix, Arizona 85016-7103
300 South Glendale Avenue, Suite 400, Glendale, California 91205-
1752
2981 Fulton Avenue, Sacramento, California 95821
455 Market Street, Suite 800, San Francisco, California 94105
5675 Ruffin Road, Suite 320, San Diego, California 92123-1362
111 SW Columbia, Suite 1010, Portland, Oregon 97201-5842
1111 Third Avenue, Suite 755, Seattle, Washington 98101-3212

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 7875, 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
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 Mailroom 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 70183, (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 andd 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

Valley Office Park, 13 Branch Street, Methuen, Massachusetts 01844
639 Granite Street, 4th Floor, Braintree, Massachusetts 02184
279 Pleasant Street, Suite 201, Concord, New Hampshire 03301
380 Westminister Mall, Room 243, Providence, Rhode Island 02903
1145 Main Street, Room 108, Springfield, Massachusetts 01103-1493
40 Western Avenue, Room 121, Augusta, Maine 04330
Federal Office Building, 450 Main Street, Room 508, Hartford, 
Connecticut 06103
One LaFayette Square, Suite 202, Bridgeport, Connecticut 06604
90 Church Street, Room 1407, New York, New York 10007
990 Westbury Road, Westbury, New York 11590
42-40 Bell Boulevard, Bayside, New York 11361
3300 Vikery Road, North New, Syracuse, New York 13212
5360 Genesee Street, Bowmansville, New York 14026
U.S. Courthouse & Federal Office Building, Carlos Chardon Avenue, 
Room 559, Hato Rey, Puerto Rico 00918
401 New Karner Road, Suite 300, Albany, New York 12205-3809
Marlton Executive Park, Building 2, Suite 120, 701 Route 73 South, 
Marlton, New Jersey 08053
299 Cherry Hill Road, Suite 304, Parsippany, New Jersey 07054
500 Route 17 South, 2nd Floor, Hasbrouck Heights, New Jersey 07604
Plaza 35, Suite 205, 1030 St. Georges Avenue, Avenel, New Jersey 
07001
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, Room 1428, 1000 Liberty Avenue, Pittsburgh, 
Pennsylvania 15222
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
3939 West Ridge Road, Suite B12, Erie, Pennsylvania 16506-1857
Progress Plaza, 49 North Progress Street, Harrisburg, Pennsylvania 
17109
Federal Building, Room 1110, Charles Center, 31 Hopkins Plaza, 
Baltimore, Maryland 21201
Federal Office Building, 200 Granby Street, Room 835, Norfolk, 
Virginia 23510-1811
La Vista Perimeter Office Park, Building 7, Suite 110, Tucker, 
Georgia 30084
2400 Herodian Way, Suite 250, Smyrna, Georgia 30080
450 Mall Boulevard, Suite J, Savannah, Georgia 31406
Todd Mall, 2047 Canyon Road, Birmingham, Alabama 35216
3737 Government Boulevard, Suite 100, Mobile, Alabama 36693
1835 Assembly Street, Room 1468, Columbia, South Carolina 29201
Jacaranda Executive Court, 8040 Peters Road, Building H-100, Fort 
Lauderdale, Florida 33324
3780 I-55 North, Suite 210, Jackson, Mississippi 39211-6323
1851 Executive Center Drive, Ribault Building, Suite 227, 
Jacksonville, Florida 32207
John C. Watts Federal Building, 330 West Broadway, Room 108, 
Frankfort, Kentucky 40601
2002 Richard Jones Road, Suite C-205, Nashville, Tennessee 37215
Century Station, 300 Fayetteville Mall, Room 438, Raleigh, North 
Carolina 27601
5807 Breckenridge Parkway, Suite A, Tampa, Florida 33610
1600 167th Street, Suite 12, 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

[[Page 40418]]

110 South 4th Street, Room 116, 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
611 East 6th Street, Grant Building, Room 303, 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 422, Lubbock, Texas 
79401
350 North Sam Houston Parkway East, Room 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
Savers Building, Suite 828, 320 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
5799 Broadmoor, Suite 338, Mission, Kansas 66202
19 North 25th Street, 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 415, San Francisco, California 94105
300 Ala Moana Boulevard, Suite 5122, P.O. Box 50072, Honolulu, 
Hawaii 96850
3221 North 16th Street, Suite 100, Phoenix, Arizona 85016
1050 East William, Suite 435, Carson City, Nevada 89701
301 West Northern Lights Boulevard, Suite 407, Anchorage, Alaska 
99503
3050 North Lakeharbor Lane, Suite 134, Boise, Idaho 83703
505 16th Avenue, Northeast, Belleview, Washington 98004
1220 Southwest Third Avenue, Room 640, Portland, Oregon 97204

Pension and Welfare Benefits Administration Regional Director or 
District Supervisor

Regional Director, One Bowdoin Square, 7th Floor, Boston, 
Massachusetts 02114
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 NW., Suite 556, Washington, DC 
20006
Regional Director, 61 Forsyth Street, SW., Room 7B54, Atlanta, 
Georgia 30303
District Supervisor, 111 N.W. 183rd Street, Suite 504, Miami, 
Florida 33169
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, PO 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, 
California 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 305, 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 205, Dallas, Texas 75202

Region VII

Center City Square, 1100 Main Street, Suite 850, Kansas City, 
Missouri 64105

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 17th day of July 1997.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 97-19476 Filed 7-25-97; 8:45 am]
BILLING CODE 4510-23-P