[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8292-8295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03063]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
[Docket No: DOL-2021-00##]
Privacy Act of 1974; System of Records
AGENCY: Employment and Training Administration (ETA).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, and Office of
Management and Budget (OMB) Circular No. A-108, this modified Privacy
Act System of Records is titled Foreign Labor Certification System and
Employer Application Case Files, DOL/ETA-7. The system contains
information provided by members of the public (Employers) who file
labor certification applications, labor condition applications for
permanent or temporary employment of foreign workers; employers who
file requests for prevailing wage determinations that may support an
application for temporary and permanent labor certification; agents and
foreign labor recruiters whom employers may engage in the recruitment
of prospective H-2B workers with regard to labor certification
applications filed in the H-2B temporary employment program and all
persons or entities hired by or working for such recruiters or agents
and any agents or employees of those persons or entities.
DATES:
Comment Dates: We will consider comments that we receive on or
before March 16, 2022.
Applicable date: This notice is applicable upon publication,
subject to a 30-day review and comment period for the routine uses.
ADDRESSES: We invite you to submit comments on this notice. You may
submit comments by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail, hand delivery, or courier: 200 Constitution Avenue
NW, N-5311, Washington, DC. In your comment, specify Docket ID DOL-
2021-00##.
Federal mailbox: https://dol.gov/privacy.
All comments will be made public by DOL and will be posted without
change to http://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: To submit general questions about the
system, contact Brian Pasternak by telephone at 202-513-7350, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: DOL is modifying a system of records, DOL/
ETA-7, subject to the Privacy Act of 1974, 5 U.S.C. 552a. The purpose
of this system of records is to house information provided by employers
who file labor certification application; who request prevailing wage
determinations that may support temporary or permanent labor
certifications; agents and foreign labor recruiters whom employers may
engage in the recruitment of prospective H-2B workers with regard to
labor certification applications filed employment program, and all
persons or entities hired by or working for such recruiters or agents
and any agents, or employees of those persons or entities. The foreign
worker is identified on applications for permanent employment
certification, they are not identified nor listed on applications for
temporary employment certification, prevailing wage determination, nor
labor condition applications.
The Department now proposes a change to an existing routine use to
include disclosures to the Department of Justice (DOJ), Civil Rights
Division, among the list of participating agencies with which the
Department may share information from the system in connection with
administering and enforcing related immigration laws and regulations.
In addition, the Department is eliminating the term ``alien'' from the
title and description of the system of records notice. The Civil Rights
Division's Immigrant and Employee Rights Section (IER) is responsible
for enforcing the anti-discrimination provision of the Immigration and
Nationality Act (INA), 8 U.S.C. 1324b.
[[Page 8293]]
Privacy Act
As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and
implemented by the Office of Management and Budget (OMB) Circular A-
108, DOL has provided a report of this system of records to the Office
of Information and Regulatory Affairs, Office of Management and Budget;
the Chairman, Committee on Government Reform and Oversight, House of
Representatives; and the Chairman, Committee on Governmental Affairs,
United States Senate.
SYSTEM NAME AND NUMBER:
Foreign Labor Certification System and Employer Application Case
Files, DOL/ETA-7.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The U.S. Department of Labor (DOL) Office of Employment and
Training Administration (ETA) owns the Foreign Labor Certification
System and Employer Application Case Files records system, which is
housed in secure alternative worksites, including employees' homes,
within continental United States geographically satellite offices. All
appropriate safeguards will be taken at these sites.
SYSTEM MANAGER(S):
Brian Pasternak, Administrator, Office of Foreign Labor
Certification, Employment and Training Administration, U.S. Department
of Labor, N-5311, 200 Constitution Ave. NW, Washington, DC 20210.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Immigration and Nationality Act, as amended, 8 U.S.C.
1101(a)(15)(H)(i) and (ii), 1184(c), 1182(m) and (n), 1182(a)(5)(a),
1188, and 1288. Section 122 of Public Law 101-649. 8 CFR 214.2(h). 20
CFR 655 Subpart A. 20 CFR 655.9.
PURPOSE(S) OF THE SYSTEM:
To capture and maintain a record of applicants and actions taken by
ETA on requests to employ foreign workers and requests for prevailing
wage determinations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The Foreign Labor Certification System and Employer Application
Case Files, DOL/ETA-7 contains records related to employers of foreign
workers for both part-time and permanent employment. The employers who
file requests for prevailing wage determinations that may support an
application for temporary and permanent labor certification; agents and
foreign labor recruiters whom employers may engage in the recruitment
of prospective H-2B workers with regard to labor certification
applications filed in the H-2B temporary employment program and all
persons or entities hired by or working for such recruiters or agents
and any agents or employees of those persons or entities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employers' names, addresses, type, and size of businesses to
include annual gross revenue and proof of insurance coverage,
production data, number of workers needed in certain cases, offer of
employment terms to known or unknown beneficiaries, and background and
qualifications of certain beneficiaries, along with resumes and
applications of U.S. workers, employer provided source wage documents
and surveys, names of agents and recruiters whom employers may engage
in the recruitment of prospective H-2B workers, as well as the identity
and location of all persons or entities hired by or working for such
recruiters or agents, and any of the agents or employees of those
persons and entities, engaged in recruitment of prospective workers for
the H-2B job opportunities offered by the employer.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from labor
certification applications, labor condition applications, and
prevailing wage determination requests completed by employers. Certain
information is furnished by named beneficiaries of permanent labor
certification applications, State Workforce Agencies, and the resumes
and applications of U.S. workers. Additional information is obtained
from employer-provided surveys.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, and universal routine uses
previously published and listed at https://www.dol.gov/agencies/sol/privacy/intro, 81 FR 25765, 25775 (April 29, 2016), information in this
system may be disclosed outside DOL as a routine pursuant to 5 U.S.C.
552a(b)(3) as follows:
a. 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.
b. 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 for a purpose that is
compatible with the purpose for which the agency collected the records.
c. 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.
d. 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.
e. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted pursuant to 44 U.S.C. 2904 and 2906.
f. To disclose to contractors, employees of contractors,
consultants, grantees, and volunteers who have been engaged to assist
the agency in the
[[Page 8294]]
performance of or working on a contract, service, grant, cooperative
agreement or other activity or service for the Federal Government.
Note: 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).
g. To the parent locator service of the Department of Health and
Human Services or to other authorized persons defined by Public Law 93-
647 (42 U.S.C. 653(c)) the name and current address of an individual
for the purpose of locating a parent who is not paying required child
support.
h. 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.
i. To a Federal, State, local, foreign, 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.
j. To the Office of Management and Budget during the coordination
and clearance process in connection with legislative matters.
k. 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.
l. 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 the 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, provided the Solicitor of Labor determines in any of these
situations that the public interest in disclosure of specific
information in the context of a particular case outweighs the resulting
invasion of personal privacy.
m. To disclose information to a State or local government entity
which has the legal authority to make decisions concerning the
issuance, retention or revocation of licenses, certifications or
registrations required to practice law or a health care profession,
when requested in writing by an investigator or supervisory official of
the licensing entity for the purpose of making a decision concerning
the issuance, retention or revocation of the license, certification or
registration of a named attorney or health care professional.
n. To disclose information to the United States Department of
Justice and/or the Federal Bureau of Investigation for inclusion in the
National Instant Criminal Background Check System (NICS), pursuant to
the reporting requirements of the Brady Handgun Violence Prevention
Act, as amended by the NICS Improvement Amendments Act of 2007.
o. To appropriate agencies, entities, and persons when (1) the DOL
suspects or confirms a breach of the System of Records; (2) the DOL
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the 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 the DOL's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
p. To another Federal agency or Federal entity, when the 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.
q. To participating agencies within DOL and externally that
participate within the case file development in processing labor
certification applications, labor condition applications, and
prevailing wage determinations released to the employers (and
representatives) filing such applications; to review ETA actions in
connection with appeals of denials or other wage-related final
determinations before the Office of Administrative Law Judges (OALJ) or
Federal Courts; to participating agencies such as the DOL Office of
Inspector General (OIG), DOL Wage and Hour Division (WHD), Department
of Homeland Security (DHS), United States Citizenship and Immigration
Services, Department of State, and Department of Justice (DOJ), Civil
Rights Division in connection with administering and enforcing related
immigration laws and regulations. Records may also be released to named
beneficiaries or their representatives, and third party requests under
the under the Freedom of Information Act.
r. To the public for the same purposes stated above (Routine Use
q.), including current or prospective H-2B workers or their employer's
representatives, to assist in the effective use of the H-2B temporary
labor certification program. The Department will maintain a publically
available list of agents, recruiters and the locations of employers
reported to the Department that engage/plan to engage in recruitment of
prospective H-2B workers/opportunities offered by the employer.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records in this system of records are stored on security
measure protected (for example, e-authentication, password, restricted
access protocol, etc.) databases, electronically on e-media devices
(e.g., computer hard drive, magnetic disc, tape, digital media, CD,
DVD, etc.). Paper copies of records are stored within secured or locked
facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by an individual's case number, employer
name, name, beneficiary's name, agent name, recruiter name, or other
third-party entity involved in the recruitment of the prospective H-2B
workers as provided to the Department.
POLICIES AND PRACTICES FOR RENTENTION AND DISPOSAL OF RECORDS:
Records are maintained in file folders and DOL computer systems at
applicable locations as set out above under the heading ``System
Location.'' System records will be retained and disposed of after 5
years in according to DOL's records maintenance and disposition and
applicable General Records Schedules (Number DAA-0369-2013-0002). Paper
copies of case files that are not scanned are retained after the
retention period will be transferred to Federal Records Center for
duration of 5-year retention period.
[[Page 8295]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system of records are safeguarded in accordance
with applicable rules and policies, including all applicable DOL
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer systems containing the records
in this system of records is limited to those individuals who have a
need to know the information for the performance of their official
duties and who have appropriate security clearances or permissions.
Records in the system are protected from unauthorized access and
misuse through a combination of administrative, technical, and physical
security measures. Administrative measures include but are not limited
to policies that limit system access to individuals within an agency
with a legitimate business need, and regular review of security
procedures and best practices to enhance security. Technical measures
include but are not limited to system design that allows only role-
based access to authorized personnel; required use of strong passwords
that are frequently changed; and use of encryption for certain data
transfers. Physical security measures include but are not limited to
the use of data centers which meet government requirements for storage
of sensitive data, physical security maintained in secured locations.
RECORD ACCESS PROCEDURES:
If an individual wishes to access their own data in the system
after it has been submitted, that individual should consult the System
Manager.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the above listed System
Manager and should include the reason for contesting it and the
proposed amendment to the information with supporting information to
show how the record is inaccurate. A request for contesting records
pertaining to an individual should contain:
Name, and
Any other pertinent information to help identify the file.
NOTIFICATION PROCEDURES:
An individual may request information regarding this system of
records or information as to whether the system contains records
pertaining to the individual from the System Manager above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The previously published versions of this SORN can be found at 81
FR 25765, 25885 (April 29, 2016), and 77 FR 1728, 1742 (January 11,
2012).
Milton Al Stewart,
Senior Agency Official for Privacy, Deputy Assistant Secretary for
Operations, Office of the Assistant Secretary for Administration and
Management, Department of Labor.
[FR Doc. 2022-03063 Filed 2-11-22; 8:45 am]
BILLING CODE 4510-FP-P