[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60833-60836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21279]


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DEPARTMENT OF LABOR

[Docket No. DOL-2020-0009]


Privacy Act of 1974; System of Records

AGENCY: Office of Inspector General (OIG), United States Department of 
Labor.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(``Privacy Act''), the U.S. Department of Labor (``Department'') 
publishes this notice of a new system of records titled ``Office of 
Inspector General Warehouse and Learning System (OWLS),'' DOL/OIG-12. 
This system will consist of data that is already stored in 
departmental, state, and other Federal databases; and will aid in the 
furtherance of OIG's statutory duties under the Inspector General Act 
of 1978 in the performance of audits, evaluations, reviews, and 
investigations.

DATES: This System of Records Notice (SORN) is effective upon its 
publication in today's Federal Register with the exception of the 
routine uses. The new routine uses will not be effective until October 
28, 2020 pending public comment. Comments on the new routine uses or 
other aspects of the SORN must be submitted on or before October 28, 
2020.

ADDRESSES: Submit your comments by one of the following methods:
    Electronic Comments: Comments may be sent via email to 
[email protected]. http://www.regulations.gov, to submit 
comments on documents that agencies have published in the Federal 
Register and that are open for comment.
    Mail: Address written submissions (including disk and CD-ROM 
submissions) to U.S. DOL Office of Inspector General, Office of 
Management and Policy, Attention: Chief, Branch of Database Management 
and Applications, 200 Constitution Avenue NW, Washington, DC 20210.
    Instructions: Please submit only one copy of your comments by only 
one method. All submissions must include the agency's name and the 
Docket Number 2020-0009. Please be advised that comments received will 
become a matter of public record and will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. Comments that are mailed must be received by the date 
indicated for consideration.
    Docket: For access to the docket to read background documents or 
comments, go to the Federal e-Rulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: U.S. DOL Office of Inspector General, 
Office of Management and Policy, Attention: Chief, Branch of Database 
Management and Applications, John Birdsell, 200 Constitution Avenue NW, 
Washington, DC 20210. Telephone: 202-693-7055.

SUPPLEMENTARY INFORMATION: This new system of records is established 
for the general purpose of enabling the Department's Office of 
Inspector General (OIG) to fulfill its statutory duties and 
responsibilities under the Inspector General Act of 1978, as amended, 5 
U.S.C. Appendix 3 (``IG Act''). The OIG conducts, supervises, and 
coordinates audits, evaluations, reviews, and investigations relating 
to programs and operations of the Department. This system facilitates 
OIG's performance by providing timely access to data that is already 
stored in departmental, state, and other Federal databases to which OIG 
has legal

[[Page 60834]]

authorization to access and maintain. The system allows OIG to monitor 
and manage large amounts of data for indicators and evidence of 
inefficiencies, fraud, waste, abuse, or criminal activity.
    Pursuant to 5 U.S.C. 552a(j)(2), the Department may exempt from a 
limited number of Privacy Act requirements a system of records that is 
maintained by a component which performs as its primary function any 
activity pertaining to the enforcement of criminal laws and which 
consists of information compiled in furtherance of its functions. 
Additionally, pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), through 
rulemaking, the Department may exempt from a limited number of Privacy 
Act requirements a system of records which are disclosed to 
departmental officers and employees with a need for the record, or 
which contains investigatory materials compiled for law enforcement 
purposes other than material within the scope of 5 U.S.C. 552(j)(2). 
The materials in this system of records fall within the scope of 
sections 552a(j)(2), (k)(1) and (k)(2). In accordance with 5 U.S.C. 
522(r), the Department provided a report to OMB and Congress on this 
new system.

SYSTEM NAME AND NUMBER:
    Office of Inspector General Warehouse and Learning System (OWLS), 
DOL/OIG-12.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Primary location: Offices in various components within the U.S. 
Department of Labor, at the Frances Perkins Building, 200 Constitution 
Avenue NW, Washington, DC 20210, or other Department offices. 
Additionally, duplicate versions of some or all system information may 
also be at satellite locations where the OIG has granted direct access 
to support OIG operations, system backup, emergency preparedness, and/
or continuity of operations. To determine the location of particular 
program records, contact the system manager, listed in section ``SYSTEM 
MANAGER'' below.

SYSTEM MANAGER(S):
    U.S. DOL Office of Inspector General, Office of Management and 
Policy, Attention: Chief, Branch of Database Management and 
Applications, 200 Constitution Avenue NW, Washington, DC 20210.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Inspector General Act of 1978, as amended, 5 U.S.C. Appendix 3.

PURPOSE(S) OF THE SYSTEM:
    The system will enable the OIG to fulfill its statutory duties and 
responsibilities; facilitate the OIG's supervision and coordination of 
audits, evaluations, reviews, and investigations of departmental 
programs and operations; conduct, supervise, and coordinate 
relationships with other Federal, state, and local agencies on matters 
relating to investigation, prosecution, oversight, or enforcement of 
laws or regulations; promote economy and efficiency; and prevent fraud 
and abuse in the Department's programs and operations. The system will 
use data that OIG has legal authority to obtain and maintain to perform 
advanced statistical techniques, data modeling for indications of 
fraud, waste, and abuse, and internal control weaknesses.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have applied for or received benefits, grants, 
payments, contracts, loans, and salary from the Department; those 
individuals who provided benefits or services under a departmental 
program; individuals who are associated with various state or Federal 
programs and whose actions impact the Department; employees of the 
Department, consultants, contractors, grantees, advisory committee 
members, and others who receive funds from the Department for 
performing services; U.S. employers who seek to hire nonimmigrant 
aliens as workers in specialty occupations; persons receiving benefits 
from the Workers' Compensation programs; individuals who have 
transacted with, utilized, are covered by a departmental component or 
program, and their surviving spouses, children, dependent parents and 
siblings; individuals who have transacted with, utilized, or are 
covered under a program of another Federal or state agency that is 
associated with a departmental program, and their surviving spouses, 
children, dependent parents and siblings; individuals alleged to have 
violated laws, regulations, or policies relating to departmental 
programs; individuals involved with hearings or inquiries relating to 
departmental programs; and Federal employees who apply for and/or 
utilize Government programs or receive or expend funds in an official 
capacity for the Department.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system includes but is not limited to names, social security 
numbers, date of birth, address, telephone number, email address, 
benefits information, medical information, application information, 
payments, banking and financial information, contracts, loans, salary, 
travel, hearings, inquiries, investigations, audits, reviews, and other 
records relevant to benefits or programs administered by the Department 
or associated Federal or state programs.

RECORD SOURCE CATEGORIES:
    The new system will include records obtained from systems of 
records already maintained by the Department, state, or other Federal 
agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under 5 U.S.C. 522a(b), as 
well as those contained in the Department's Universal Routine Uses of 
Records, all or a portion of the records or information in this system 
may be disclosed as a routine use under circumstances described below. 
The OIG may disclose information contained in a record in this system 
of records without the consent of the individual if the disclosure is 
compatible with the purpose for which the OIG collected the record.
    (1) The OIG may disclose information from this system of records to 
other public authorities responsible for identifying fraud, waste, or 
abuse related to the Department's programs and operations; to enforce, 
investigate, prosecute, oversee, or assist in the enforcement of laws 
and regulations if the information is relevant to the functions and 
responsibilities of the OIG or the receiving entity.
    (2) To disclose records to public and private entities or 
individuals that the OIG has reason to believe possesses information 
regarding a matter within the jurisdiction of the OIG to obtain 
information relevant to OIG functions and duties. The OIG may disclose 
information from this system of records as a routine use to public or 
private sources to the extent necessary to obtain information from 
those sources relevant to an OIG investigation, audit, inspection, or 
other inquiry or review.
    (3) To disclose to the Council of Inspectors General for Integrity 
and Efficiency (CIGIE) or other Federal entities. OIG may disclose 
records as a routine use to members and employees of the CIGIE or any 
successor entity, or other Federal entity for the preparation of 
reports to the President and Congress on the activities of the 
Inspectors General, for the purpose of conducting qualitative 
assessment reviews of the investigative or audit operations of the

[[Page 60835]]

OIG to ensure that adequate internal safeguards and management 
procedures are maintained, or for the purpose of facilitating or aiding 
the functions and responsibilities of the OIG.
    (4) To disclose to a state, local, or other Federal agency 
considering suspension or debarment action if the information is 
relevant to the suspension or debarment action. The OIG also may 
disclose information to any Federal, state, or local agency to gain 
information in support of the Department's own debarment and suspension 
actions.
    (5) To disclose to complainants and/or victims. To the extent 
necessary to obtain information from such persons or to provide 
information or explanations on the progress of an investigation or 
inquiry.
    (6) The OIG may disclose records as a routine use to any Federal, 
state, local, or foreign agency, or other public authority,
    a. if relevant to the prevention or detection of fraud and abuse in 
benefit programs administered by any agency or public authority; or
    b. if relevant to the collection of debts or overpayments owed to 
any agency or public authority.
    (7) The OIG may disclose records to appropriate agencies, entities, 
and persons when it is suspected or confirmed that the security or 
confidentiality of information in this system has been compromised to 
assist the OIG in responding to the suspected or confirmed compromise 
and in helping the OIG prevent, minimize, or remedy such harm.
    (8) To disclose to the National Archives and Records Administration 
for purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.

CONGRESSIONAL INQUIRIES DISCLOSURE ROUTINE USE:
    The following Universal Routine Use for DOL Privacy Act Systems 
applies: Disclosure from a system of records maintained by a DOL Agency 
may be made 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.

DISCLOSURE TO THE DEPARTMENT OF JUSTICE FOR LITIGATION ROUTINE USE:
    The following Universal Routine Use for DOL Privacy Act Systems 
applies: To the Department of Justice when: (a) DOL or any component 
thereof; or (b) any employee of DOL 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, DOL 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 DOL collected the records.

DISCLOSURE OF INFORMATION TO THE NATIONAL ARCHIVES AND RECORDS 
ADMINISTRATION ROUTINE USE:
    The following Universal Routine Use for DOL Privacy Act Systems 
applies: A record from a system of records maintained by a DOL Agency 
may be disclosed as a routine use to the National Archives and Records 
Administration for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.

PRIVACY ACT ROUTINE USES REQUIRED TO RESPOND TO A BREACH:
    (1) To appropriate agencies, entities, and persons when (1) DOL 
suspects or has confirmed that there has been a breach of the system of 
records,[middot] (2) DOL has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
DOL (including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with DOL efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    (2) To another Federal agency or Federal entity, when DOL 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are primarily maintained in electronic form on 
encrypted magnetic disks, encrypted tape cartridges, and on electronic 
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records may be retrieved by any 
identifying information of an individual, institution, or business.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed of in accordance with the 
Department's Records Disposition Schedules applicable to the 
aforementioned records. A new records retention and disposition 
schedule is under development for this system of records. Until NARA 
approves a retention and disposition schedule for these records, the 
OIG will not destroy any records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    OWLS is housed within a secure and controlled data center, with 
access restricted to authorized personnel. All data contained in the 
system is kept on a secured and restricted non-pubic network. The 
general public does not have access to OWLS. All information stored in 
this system is secured by using database encryption technology and is 
resistant to tampering and circumvention by unauthorized users. Access 
to data by all users is monitored using both automated and manual 
controls.

RECORD ACCESS PROCEDURES:
    A request for access should be mailed to the System Manager and 
comply with the requirements specified in 29 CFR 71.2.

CONTESTING RECORD PROCEDURES:
    A petition for amendment should be mailed to the System Manager and 
comply with the requirements specified in 29 CFR 71.9.

NOTIFICATION PROCEDURES:
    Inquiries should be mailed to the System Manager and comply with 
the requirements specified in 29 CFR 71.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The system will consist of records compiled from existing systems 
of records maintained by the Department and other Federal and state 
agencies. Pursuant to 5 U.S.C. 552a(j)(2), the Secretary, through 
rulemaking, plans to exempt the system from subsections (c)(3) and (4); 
(d); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act. 
Additionally, pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), the 
Secretary, through rulemaking, plans to exempt a limited number of 
Privacy Act provisions. The OIG will continue to apply to individual 
records within the system any Privacy Act exemptions which apply to the 
system(s) from which the relevant record(s) originated. The Privacy Act 
Systems of Records

[[Page 60836]]

Notices which describe in detail the exemptions claimed for each DOL 
system from which OWLS records will be derived can be found online at 
the following Web address: https://www.dol.gov/sol/privacy.

HISTORY:
    None.

    Dated: September 22, 2020.
Bryan Slater,
Assistant Secretary for Administration & Management.
[FR Doc. 2020-21279 Filed 9-25-20; 8:45 am]
BILLING CODE 4510-04-P