[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Notices]
[Pages 6185-6187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2841]


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DEPARTMENT OF LABOR

Office of the Secretary


Privacy Act of 1974; Publication of A New System of Records

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of a new system of records.

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SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document adds a new system of records to the Department's current 
systems of records. With the addition of the new system of records, the 
Department will be maintaining 148 systems of records.

DATES: Persons wishing to comment on this new system of records may do 
so by March 18, 2003.

EFFECTIVE DATE: Unless there is a further notice in the Federal 
Register, this new system of records will become effective on April 2, 
2003.

ADDRESSES: Written comments may be mailed or delivered to Robert A. 
Shapiro, Associate Solicitor, Division of Legislation and Legal 
Counsel, 200 Constitution Avenue, NW., Room N-2428, Washington, DC 
20210 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Miriam McD. Miller, Co-Counsel for 
Administrative Law, Office of the Solicitor, Department of Labor, 200 
Constitution Avenue, NW., Room N-2428, Washington, DC 20210, telephone 
(202) 693-5500.

SUPPLEMENTARY INFORMATION: Pursuant to section three of the Privacy Act 
of 1974 (5 U.S.C. 552a(e)(4)), hereinafter referred to as the Act, the 
Department hereby publishes notice of a new system of records currently 
maintained pursuant to the Act. On April 8, 2002, in volume 67 at page 
16816 of the Federal Register, the Department published a notice of 147 
systems of records which are maintained under the Act. The new system 
of records presented herein, established by the Office of the 21st 
Century Workforce, is entitled DOL/21st CENTURY-1, Correspondents With 
the Office of the 21st Century Workforce. This system contains 
information necessary to

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satisfy requests by individuals for information, brochures, or requests 
to register for events, activities and/or programs. Depending on the 
nature of the request, the file may include (but is not limited to) the 
following information on the individuals who have contacted DOL: name, 
title, mailing address, telephone and fax numbers, E-Mail addresses.

General Prefatory Statement

    1. In its April 8, 2002, publication, the Department gave notice of 
12 paragraphs containing routine uses which apply to all of its systems 
of records, except for DOL/OASAM-5 and DOL/OASAM-7. These 12 paragraphs 
were presented in the General Prefatory Statement for that document, 
and it appeared at pages 16825 of volume 67 of the Federal Register. At 
this time we are republishing the April 8, 2002, version of the General 
Prefatory Statement as a convenience to the reader of this document.
    2. This republication shall include the statement that pursuant to 
the Flexiplace Program, the system location for all systems of records 
may be temporarily located at alternate worksites, including the 
employees' homes or at geographically convenient satellite offices for 
part of the workweek.
    The public, the Office of Management and Budget (OMB), and the 
Congress are invited to submit written comments on this new system. A 
report on this system has been provided to OMB and to the Congress as 
required by OMB Circular A-130, Revised, and 5 U.S.C. 552a.

General Prefatory Statement

A. Universal Routine Uses of the Records

    The following routine uses of the records apply to and are 
incorporated by reference into each system of records published below 
unless the text of a particular notice of a system of records indicates 
otherwise. These routine uses do not apply to DOL/OASAM--5, 
Rehabilitation and Counseling File, nor to DOL/OASAM--7, Employee 
Medical Records.
    1. To disclose the records to the Department of Justice when: 
(a)The agency or any component thereof; or (b) any employee of the 
agency in his or her official capacity; or (c) the United States 
Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the agency determines that the 
records are both relevant and necessary to the litigation, and the use 
of such records by the Department of Justice is for a purpose that is 
compatible with the purpose for which the agency collected the records.
    2. To disclose the records in a proceeding before a court or 
adjudicative body, when: (a) The agency or any component thereof; or 
(b) any employee of the agency in his or her official capacity; or (c) 
any employee of the agency in his or her individual capacity; or (d) 
the United States government, is a party to litigation or has an 
interest in such litigation, and by careful review, the agency 
determines that the records are both relevant and necessary to the 
litigation, and that the use of such records is a purpose that is 
compatible with the purpose for which the agency collected the records.
    3. When a record on its face, or in conjunction with other 
information, indicates a violation or potential violation of law, 
whether civil, criminal or regulatory in nature, and whether arising by 
general statute or particular program statute, or by regulation, rule, 
or order issued pursuant thereto, disclosure may be made to the 
appropriate agency, whether Federal, foreign, State, local, or tribal, 
or other public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the agency determines by careful review that the records or information 
are both relevant and necessary to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity, 
and that the use of such records or information is for a purpose that 
is compatible with the purposes for which the agency collected the 
records.
    4. To a Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the written 
request of the constituent about whom the record is maintained.
    5. To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.
    6. To disclose to contractors, employees of contractors, 
consultants, grantees, and volunteers who have been engaged to assist 
the agency in the performance of or working on a contract, service, 
grant, cooperative agreement or other activity or service for the 
Federal Government.

    Note 1. Recipients shall be required to comply with the 
requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a; 
see also 5 U.S.C. 552a(m).

    7. To the parent locator service of the Department of Health and 
Human Services or to other authorized persons defined by Pub. L. 93-647 
the name and current address of an individual for the purpose of 
locating a parent who is not paying required child support.
    8. To any source from which information is requested in the course 
of a law enforcement or grievance investigation, or in the course of an 
investigation concerning retention of an employee or other personnel 
action, the retention of a security clearance, the letting of a 
contract, the retention of a grant, or the retention of any other 
benefit, to the extent necessary to identify the individual, inform the 
source of the purpose(s) of the request, and identify the type of 
information requested.
    9. To a Federal, State, local, foreign, or tribal or other public 
authority of the fact that this system of records contains information 
relevant to the hiring or retention of an employee, the granting or 
retention of a security clearance, the letting of a contract, a 
suspension or debarment determination or the issuance or retention of a 
license, grant, or other benefit.
    10. To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative matters.
    11. To the Department of the Treasury, and a debt collection agency 
with which the United States has contracted for collection services to 
recover debts owed to the United States.
    12. To the news media and the public when (1) the matter under 
investigation has become public knowledge, (2) the Solicitor of Labor 
determines that disclosure is necessary to preserve confidence in the 
integrity of the Department or is necessary to demonstrate the 
accountability of Department's officers, employees, or individuals 
covered by this system, or (3) the Solicitor of Labor determines that 
there exists a legitimate public interest in the disclosure of the 
information, except to the extent that the Solicitor of Labor 
determines in any of these situations that disclosure of specific 
information in the context of a particular case would constitute an 
unwarranted invasion of personal privacy.

B. System Location--Flexiplace Programs

    The following paragraph applies to and is incorporated by reference 
into all of the Department's systems of records under the Privacy Act, 
within the category entitled, System Location: ``Pursuant to the 
Department of Labor's

[[Page 6187]]

Flexiplace Programs, copies of records may be temporarily located at 
alternative worksites, including employees' homes or at geographically 
convenient satellite offices for part of the workweek. All appropriate 
safeguards will be taken at these sites.''

Publication of a New System of Records

Office of the 21st Century Workforce (21st CENTURY)

DOL/21st Century-1

SYSTEM NAME:
    Correspondents with the Office of the 21st Century Workforce.

SECURITY CLASSIFICATION:
    None.

System Location:
    Office of the 21st Century Workforce, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210.

Categories of Individuals Covered by the System:
    Individual correspondents with the Office of the 21st Century 
Workforce who contact, by telephone, U.S. Mail or E-Mail, the Office of 
the 21st Century Workforce for various reasons such as, but not limited 
to, requests for information, brochures, registration for events, 
activities, and programs and requests for related reasons.

Categories of Records in the System:
    Information necessary to satisfy requests for information, 
brochures, or requests to register for events, activities and /or 
programs. Depending on the nature of the request, the file may include 
(but is not limited to) the following information on the individuals 
who have contacted DOL: name, title, mailing address, telephone and fax 
numbers, E-Mail addresses.

Authority for Maintenance of the System:
    Executive Order 13218 of June 20, 2001, 66 FR 33627, 3 CFR, 2001 
Compilation, p.776.

Purpose(s):
    To enhance information exchange by improving the availability of 
the Office of the 21st Century Workforce and DOL component information 
on automated systems; to facilitate sending information about events, 
activities and programs to correspondents with the Office of the 21st 
Century Workforce with the public access Internet site, and to provide 
a frame from which to select an unbiased sample of individuals for 
surveys. Maintaining the names, addresses, etc. of individuals 
requesting data/publications will streamline the process for handling 
subsequent inquiries and requests by eliminating duplicative gathering 
of mailing information, data and material to individuals with 
corresponding interests; to provide usage statistics associated with 
the DOL public access Internet site, and to provide a frame from which 
to select an unbiased sample of users for users service surveys.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    A record from this system of records may be disclosed to the United 
States Small Business Administration. The Routine Uses listed at 
paragraphs 3, 4, 5, 7, 8, 9, 10, 11, and 12 in the General Prefatory 
Statement to this document are not applicable to this system of 
records. The Routine Uses listed at paragraphs 1, 2, and 6 are 
applicable to this system of records, and the records also may be 
disclosed where required by law.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Files are stored electronically and/or on paper.

Retrievability:
    By name, telephone or fax number (including the telephone number 
from which the individual dials), E-Mail address or other identifying 
information in the System.

Safeguards:
    Access by authorized personnel only. Computer security safeguards 
are used for electronically stored data and locked locations for paper 
files.

Retention and Disposal:
    Current correspondent information files are updated as necessary 
and are destroyed when no longer needed.

System Manager(s) and Address:
    Director, Office of the 21st Century Workforce, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

Notification Procedure:
    Mail, or present in writing, all inquiries to the System Manager at 
the above address.

Record Access Procedures:
    As in notification procedure.

Contesting Record Procedures:
    As in notification procedure.

Record Source Categories:
    Correspondents with the Office of the 21st Century Workforce.

Systems Exempted from Certain Provisions of the Act:
    None.

    Signed in Washington, DC this 27th day of January, 2003.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 03-2841 Filed 2-5-03; 8:45 am]
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