Privacy Act of 1974; Publication in Full of All Notices of Systems
of Records Including Several New Systems; Publication of Proposed Routine Uses
[Notices] [04/08/2002]
OSEC Federal Register Notice
Privacy Act of 1974; Publication in Full of All Notices of Systems of
Records Including Several New Systems; Publication of Proposed Routine Uses
[04/08/2002]
Due to the large file size, this document has been
divided into three parts:
[[Page 16865]]
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Part II
Department of Labor
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Office of the Secretary
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Privacy Act of 1974; Publication in Full of All Notices of Systems of
Records Including Several New Systems; Publication of Proposed Routine
Uses; Notice
[[Continued from page 16864]]
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DEPARTMENT OF LABOR
Office of the Secretary
Privacy Act of 1974; Publication in Full of All Notices of
Systems of Records Including Several New Systems; Publication of
Proposed Routine Uses
AGENCY: Office of the Secretary, Labor.
ACTION: Notice; publication in full of all notices of systems of
records, including several new systems; publication of a new universal
routine use for all systems of records; publication of several proposed
system-specific routine uses, as well as substantive amendments.
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Privacy Act of 1974; Publication in Full of All Notices of
Systems of Records Including Several New Systems; Publication of
Proposed Routine Uses account analyses. Permanent change of station travel arrangements may
include information about real estate and movement of household goods.
To provide more efficient processing of travel documents, travel
document processing software will be used by employees to record travel
planning information, expenses incurred, traveler/employer
identification information (SSN, and other identifying information used
in conjunction with the purposes of the software), user ID's,
passwords, electronic signatures, routing lists and other information
used by the system to track and process travel documentation.
Vendors and contractors provide to the Department itemized
statements of invoices, and reports of transactions including refunds
and adjustments to enable audits of charges to the Government.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
41 CFR part 101-7 (Federal Travel Regulations); interpret or apply
31 U.S.C. 3511, 3512, and 3523; 31 U.S.C. 3711 et seq. (Debt Collection
Act of 1982); section 206 of Executive Order 11222 (May 8, 1965); 5 CFR
735.207 (Office of Personnel Management Regulations).
PURPOSE(S):
To facilitate performance of official Government travel by
documenting the authorization of travel; payment of advances; payment
of claims, invoices, vouchers, judgments; debts created by advance
payments and overpayments; provision and use of government contractor-
issued charge cards; and to make travel arrangements.
Data received from a charge card company under government contract
will be used to perform responsibilities under section 206 of Executive
Order 11222 (May 8, 1965) and 5 CFR 735.207 (Office of Personnel
Management Regulations) concerning requirements for employees to pay
their just financial obligations in a proper and timely manner. Reports
will also be monitored to insure that the charge cards are used only in
the course of official travel as required by the contract. Data will
also be analyzed to permit more efficient and cost effective travel
planning and management, including negotiated costs of transportation,
lodging, subsistence and related services.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Transmittal of data to the U.S. Treasury to effect issuance of
checks and Electronic Funds Transfer (EFT) payments to payees.
B. Information may be forwarded to the Department of Justice as
prescribed in the Joint Federal Claims Collection Standards (4 CFR
Chapter II). When debtors fail to make payment through normal
collection routines, the files are analyzed to determine the
feasibility of enforced collection by referring the cases to the
Department of Justice for litigation.
C. Pursuant to sections 5 and 10 of the Debt Collection Act of
1982, information relating to the implementation of the Debt Collection
Act of 1982 may be disclosed to other Federal Agencies to effect salary
or administrative offsets, or for other purposes connected with the
collection of debts owed to the United States.
D. Information contained in the system of records may be disclosed
to the Internal Revenue Service to obtain taxpayer mailing addresses
for the purpose of locating such taxpayer to collect, compromise, or
write off a Federal claim against the taxpayer.
E. Information may be disclosed to the Internal Revenue Service
concerning the discharge of an indebtedness owed by an individual, or
other taxable benefits received by the employee.
F. Information will be disclosed:
1. To credit card companies for billing purposes.
2. To Departmental and other Federal agencies such as GSA for
travel management purposes.
3. To airlines, hotels, car rental companies, travel management
centers and other travel related companies for the purpose of serving
the traveler. This information will generally include the name, phone
number, addresses, charge card information and itineraries.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The amount, status, and history of overdue debts; the name and
address, taxpayer identification number (SSN), and other information
necessary to establish the identity of a debtor, the agency and program
under which the claim arose, are disclosed pursuant to 5 U.S.C.
552a(b)(12) to consumer reporting agencies as defined by section 603(f)
of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), in accordance
with section 3(d)(4)(A)(ii) of the Federal Claims Collection Act of
1966, as amended (31 U.S.C. 3711(f)) for the purpose of encouraging the
repayment of an overdue debt.
Note: Debts incurred by use of the official travel charge card
are personal and the charge card company may report account
information to credit collection and reporting agencies.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records in file cabinets. Computer records within a computer
and attached equipment.
RETRIEVABILITY:
Filed by name and/or social security number of traveler or by
travel document number at each location.
SAFEGUARDS:
Records stored in lockable file cabinets or secured rooms.
Computerized records protected by password system. Information released
only to authorized officials on a need-to-know basis.
RETENTION AND DISPOSAL:
Records are held for 6 years or until audit whichever is sooner and
then destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Office of the Chief Financial Officer, Division of Planning and
Internal Control, Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries from individuals should be addressed to the appropriate
agency's administrative office for which they traveled.
RECORDS ACCESS PROCEDURES:
Requests from individuals should be addressed to the appropriate
Department of Labor agency's administrative office for which they
traveled. Individuals must furnish their full name and the authorizing
agency component for their records to be located and identified.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of their records should
contact the appropriate Department of Labor administrative office of
which they traveled. Individuals must furnish their full name and the
name of the authorizing agency, including duty station where they were
employed when traveling if applicable.
RECORD SOURCE CATEGORIES:
Individuals, employees, other Federal agencies, consumer reporting
agencies, credit card companies, government contractors, state and
local law enforcement.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[[Page 16866]]
DOL/ODEP-1
SYSTEM NAME:
Job Accommodation Network (JAN) Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Job Accommodation Network, West Virginia University, P.O. Box 6080,
Morgantown, West Virginia, 26505-6080.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals with disabilities, employers and the general public who
request information through the JAN system.
CATEGORIES OF RECORDS IN THE SYSTEM:
Caller's name, address, telephone number, type of disability,
functional limitations caused by the disability, accommodations
discussed, type of firm or organization for whom the caller works, and
anecdotal information recorded by the human factors consultant.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301
PURPOSE(S):
This system provides technical assistance to businesses and to
individuals for the purpose of making job accommodations for
individuals with disabilities. It also makes possible the sharing of
information about job accommodations. The JAN system compiles a
comprehensive resource data bank for job accommodations currently
available. Finally, the system provides technical assistance to
employers on how to comply with the Americans with Disabilities Act
(ADA).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, relevant information may be
disclosed to employers for the purpose of hiring individuals with
disabilities and/or for enabling the employers to accommodate employees
with disabilities.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Computer disks.
SAFEGUARDS:
The data is stored on computer disk, stored in a secure central
file server.
RETRIEVABILITY:
Records are retrieved by caller's name, state, and job interest
category.
RETENTION AND DISPOSAL:
Data is maintained permanently on the file server with access by
program personnel only.
SYSTEM MANAGER(S) AND ADDRESS:
The systems manager is the Project Director of the Job
Accommodations Network, West Virginia University, P.O. Box 6080,
Morgantown, WV 26506-6080.
NOTIFICATION PROCEDURE:
Mail all inquiries or present in writing to the Office of
Disability Employment Policy, 1331 F Street, NW, DC 20004 or to the
Freedom of Information Act/Privacy Act Coordinator, at U.S. Department
of Labor/Office of Disability Employment Policy, 200 Constitution
Avenue., NW, Washington, DC 20210.
RECORDS ACCESS PROCEDURES:
Individuals wishing to gain access shall write to Assistant
Secretary for Disability Employment Policy at the above addresses.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information in their files may write
to the system manager at the specified address above, reasonably
identify the records pertaining to them, the information which is being
contested in those records, the corrective action(s) being sought, and
the reasons for the correction(s).
RECORD SOURCE CATEGORIES:
Individual participants in the JAN system.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ODEP-2
SYSTEM NAME:
Workforce Recruitment Program (WRP) Database.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Disability Employment Policy, U.S. Department of Labor,
1331 F Street, NW, Third Floor, Washington, DC 20004.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
College students with disabilities who have interviewed with a WRP
recruiter on a college campus.
CATEGORIES OF RECORDS IN THE SYSTEM:
Student's name, address, telephone number, e-mail address, college,
major, credits earned, degree sought, job preference categories, job
location preference, type of disability, job accommodation information,
recruiter's summary of student's interview.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
To provide federal and private sector employers a database resource
of college students with disabilities from which to identify qualified
temporary and permanent employees in a variety of fields.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those universal routine uses, listed in the General
Prefatory Statement to this document, relevant information concerning
student interviewees may be disclosed to interested federal and private
sector employers. Disability information concerning interviewees is
disclosed to interested federal employers but not to private sector
employers.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
CD-ROMs.
SAFEGUARDS:
The data is stored on CD-ROMs and stored on program manager's hard
drive.
RETRIEVABILITY:
Records are retrieved by student's name, state, or job interest
category.
RETENTION AND DISPOSAL:
Data is maintained indefinitely on CD-ROMs and on the project
manager's hard drive. Paper files are maintained by the project manager
and destroyed after one year.
SYSTEM MANAGER(S) AND ADDRESS:
The system manager is the WRP Project Manager, Office of Disability
Employment Policy, 1331 F Street, NW, Third Floor, Washington, DC
20004.
[[Page 16867]]
NOTIFICATION PROCEDURE:
Mail all inquiries or present in writing to the Office of
Disability Employment Policy, 1331 F Street, NW, Third Floor,
Washington, DC, 20004.
RECORDS ACCESS PROCEDURES:
Individuals wishing to gain access shall write to the Office of
Disability Employment Policy at the above address.
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager.
RECORD SOURCE CATEGORIES:
College students with disabilities who have participated in an
interview with a WRP recruiter.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ECAB-01
SYSTEM NAME:
Employees' Compensation Appeals Board Docket Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
U.S. Department of Labor, Employees' Compensation Appeals Board,
200 Constitution Avenue, NW, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Former or current Federal employees appealing final decisions of
the Office of Workers' Compensation Programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
Documents pertaining to appeals of final decisions rendered by the
Office of Workers' Compensation Programs arising under the Federal
Employees Compensation Act, including incoming and outgoing
correspondence, a summary of processing transactions, pleadings,
motions, orders, and final disposition.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8101 et seq.
PURPOSE(S):
To maintain records of appeals and track appeals through processing
and disposition operations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, ECAB decisions are sent for
publication to the U.S. Government Printing Office (GPO) and are
available on ECAB's Internet web-site.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained in manual hard copy form in file folders; summary data
maintained in computer based case tracking system.
RETRIEVABILITY:
Indexed by ECAB Docket case number, can be cross-referenced to
individual's name.
SAFEGUARDS:
Manual Docket records are maintained in a separate file room with
access restricted to ECAB employees and which is locked during non-work
hours.
RETENTION AND DISPOSAL:
Manual Docket records are retired to the National Records Center
after three years; they are destroyed after 20 years. Historical
computer records are stored permanently on diskette in a locked
cabinet.
SYSTEM MANAGER(S) AND ADDRESS:
Chairman, Employees' Compensation Appeals Board, 200 Constitution
Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries regarding records should be in the form of a written,
signed request to the System Manager at the above address and should
specify the ECAB Docket number.
RECORD ACCESS PROCEDURES:
Information or assistance regarding access to ECAB Docket records
may be obtained by contacting the Clerk of the Board, Employees'
Compensation Appeals Board, 200 Constitution Avenue, NW, Washington, DC
20210.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest their records should notify the
System Manager in writing.
RECORD SOURCE CATEGORIES:
Records in this system contain information supplied by the
appellant and Government officials involved in the appeals proceedings.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Not applicable.
DOL/ECAB-02
SYSTEM NAME:
Employees' Compensation Appeals Board Disposition Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
U.S. Department of Labor, Employees' Compensation Appeals Board,
200 Constitution Avenue, NW, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Former or current Federal employees who appealed final decisions of
the Office of Workers' Compensation Programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
Final decisions and/or orders determining appeals of benefits
claims under the Federal Employees' Compensation Act.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8101 et seq.
PURPOSE(S):
To maintain formal records of appeal dispositions determined by the
Employees' Compensation Appeals Board.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Board final decisions and/or orders are public documents and are
accessible to interested persons. Precedent setting decisions are sent
to the U.S. Government Printing Office (GPO) for publication in an
annual Volume, which is available for sale from the GPO, and deposited
in over 500 Federal Depository Libraries throughout the country.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Recent decisions are maintained in hard copy form in binders in the
ECAB library; older decisions are published in bound volumes. Published
volumes are also on deposit in designated Federal Depository Libraries,
and on the ECAB'S Internet Website.
RETRIEVABILITY:
Published decisions are indexed by appellant's last name, by
category of medical condition and legal issue, by
[[Page 16868]]
ECAB Docket number and by ECAB Volume number and page. Unpublished
decisions are indexed by ECAB Docket number, and can be cross-
referenced to appellant's name.
SAFEGUARDS:
Access to ECAB Library and Decision Files is by request and
available during regular office hours.
RETENTION AND DISPOSAL:
Records are retained permanently.
SYSTEM MANAGER(S) AND ADDRESS:
Chairman, Employees' Compensation Appeals Board, 200 Constitution
Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries should be in the form of a written, signed request to the
System Manager at the above address and should specify the ECAB Docket
number, name of appellant and approximate date of disposition.
Alternatively, if disposition is known to be a published decision,
inquiry should specify the Volume and page number.
RECORD ACCESS PROCEDURES:
Information or assistance regarding access to ECAB Disposition
Records may be obtained by contacting the Clerk of the Board,
Employees' Compensation Appeals Board, 200 Constitution Avenue, NW,
Washington, DC.
CONTESTING RECORD PROCEDURES:
Appellants who wish to contest their Disposition Records should
notify the System Manager in writing.
RECORD SOURCE CATEGORIES:
Records in this system are composed of formal, final decisions and/
or orders of the Employees' Compensation Appeals Board.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-2
SYSTEM NAME:
Office of Federal Contract Compliance Programs Complaint Case
Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Federal Contract Compliance Programs (OFFCP), 200
Constitution Avenue, NW, Washington, DC 20210, and OFCCP Regional and
District Offices (see the Appendix to this document for addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, classes of individuals or representatives authorized
to act on behalf of individuals or classes of individuals who have
filed complaints of discrimination.
CATEGORIES OF RECORDS IN THE SYSTEM:
Medical records, investigative reports and materials, complaints,
contract coverage information, employment applications, time and
attendance records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 11246, as amended; the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212,
section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
793.
PURPOSE(S):
To maintain information that is used to investigate and to resolve
complaints of discrimination filed by individuals under Executive Order
11246, as amended; the Veteran Era Veterans' Readjustment Assistance
Act of 1974, amended, 38 U.S.C. 4212; and section 503 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 793.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES
OR USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be disclosed to:
(1) The Equal Employment Opportunity Commission, Department of
Justice, or other Federal, State or local agencies with jurisdiction
over a complaint, when relevant and necessary for investigatory,
conciliation or enforcement purposes;
(2) To Federal contractors and subcontractors against whom a
complaint is filed, including providing a copy of the complaint or a
summary for purposes of notice;
(3) A physician or medical provider records or information for the
purpose of evaluating the complaint or medical records in cases
involving complaints of discrimination on the basis of disability;
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Power files/Magnetic tape/Manual files.
RETRIEVABILITY:
By name or OFCCP control number.
SAFEGUARDS:
Locked files and computer access codes.
RETENTION AND DISPOSAL:
Active files retained 2-3 years from date of closure, referred to a
Federal Records Center for an additional 4 years then they are
destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Assistant Secretary for Federal Contract Compliance, 200
Constitution Avenue, NW, Washington, DC 20210; Regional Directors for
OFCCP, see The Appendix to this document for addresses.
NOTIFICATION PROCEDURE:
Individuals, wishing to inquire whether this system of records
contains information about them, should contact the appropriate system
manager. Such person should provide his or her full name, date of
birth, and signature.
RECORD ACCESS PROCEDURES:
An individual or organization representing an individual wishing to
gain access to records shall follow guidelines set forth under the
notification procedures summarized above.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information in their files may write
the appropriate system manager at the specified address, reasonably
identifying the record pertaining to them, the information which is
being contested in that record, the corrective action(s) being sought,
and the reason for the correction(s).
RECORD SOURCE CATEGORIES:
Individual and class action complainants, employers, co-workers,
witnesses, State rehabilitation agencies, physicians, and other health
care providers.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
This system contains complaints and investigative files compiled
during the course of complaint investigations and compliance reviews.
In accordance with paragraph (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), these files have been exempted from subsections
(c)(3),(d),(e)(1), (e)(4)(G),(H), and (I) and (f) of the Act. The
disclosure of information contained in these files may in some
circumstances discourage non-management persons who have knowledge of
facts and circumstances pertinent to charges from giving statements or
cooperating in investigations. In addition, disclosure of
[[Page 16869]]
medical records contained in these files may adversely affect the
health of individuals without guidance of a responsible physician.
DOL/ESA-5
SYSTEM NAME:
Office of Workers' Compensation Programs, Black Lung
Antidiscrimination Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Workers' Compensation Programs, Division of Coal Mine
Workers' Compensation, Department of Labor Building, 200 Constitution
Avenue, NW, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing complaints against employers on account of
discharge or other acts of discrimination by reason of pneumoconiosis
disease.
CATEGORIES OF RECORDS IN THE SYSTEM:
Individual correspondence, investigative records, employment
records, payroll records, medical reports, any other documents or
reports pertaining to an individual's work history, education, medical
condition or hiring practices of the employer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 938.
PURPOSE(S):
To maintain records that are used to process complaints against
employers who discharge or otherwise discriminate against individuals
because they suffer from pneumoconiosis disease.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Disclosure of file content may be made to any party in interest to
the complaint, including the coal company, the claimant, medical
providers, and legal representatives of any party for purposes related
to the complaint.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Manual files.
RETRIEVABILITY:
Coal miner's name and social security number.
SAFEGUARDS:
Files located in restricted area of a Federal building under guard
by security officers.
RETENTION AND DISPOSAL:
Files are destroyed 10 years after case is closed.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Coal Mine Workers' Compensation, Department
of Labor Building, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire whether this system of records
contains information about them should contact the system manager at
the above address. Individuals must furnish their name, address and
signature.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records should
contact the system manager at the above address. Individuals must
furnish their name, address and signature.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of any record should
contact the system manager at the above address. Individuals must
furnish their name, address and signature.
RECORD SOURCE CATEGORIES:
Individuals, employers, medical providers and investigators.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Not applicable.
DOL/ESA-6
SYSTEM NAME: Office of Workers' Compensation, Black Lung
Benefits Claim File.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Workers' Compensation Programs, Division of Coal Mine
Workers' Compensation, Department of Labor Building, 200 Constitution
Avenue, NW, Washington, DC 20210, and district offices (see addresses
in the Appendix to this document).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing claims for black lung (pneumoconiosis) benefits
under the provisions of Black Lung Benefits Act, as amended, including
miners, and their surviving spouses, children, dependent parents and
siblings.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal (name, date of birth, social security number, claim type,
miner's date of death), medical, and financial. Information gathered in
connection with investigations concerning possible violations of
Federal law, whether civil or criminal, under the authorizing
legislation and related Acts. This record also contains investigative
records and the work product of the Department of Labor and other
governmental personnel and consultants involved in the investigations.
If the individual has received benefits to which he or she is not
entitled, the system may contain consumer credit reports correspondence
to and from the debtor, information or records relating to the debtor's
current whereabouts, assets, liabilities, income and expenses, debtor's
personal financial statements, and other information such as the
nature, amount and history of a claim filed by an individual covered by
this system, and other records and reports relating to the
implementation of the Debt Collection Act of 1982 including any
investigative records or administrative review matters. The individual
records listed herein are included only as pertinent to the individual
claimant.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 901 et seq., 20 CFR 715.1 et seq., 20 CFR 720.1 et seq.,
20 CFR 725.1 et seq.
PURPOSE(S):
To maintain records that are used to process all aspects of claims
for black lung (pneumoconiosis) benefits under the provisions of the
Black Lung Benefits Act, as amended, including claims filed by miners
and their surviving spouses, children, dependent parents and siblings.
These records are also used to process the recoupment of overpayments
under the Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement of this document, disclosure of relevant and
necessary information may be made to the following:
a. Mine operators (and/or any party providing the operator with
benefits insurance) who have been determined potentially liable for the
claim at any time after the filing of a claim for Black Lung Benefits
for the purpose of determining liability for payment.
b. State workers' compensation agencies and the Social Security
Administration for the purpose of determining offsets as specified
under the Act.
[[Page 16870]]
c. Doctors and medical services providers for the purpose of
obtaining medical evaluations, physical rehabilitation or other
services.
d. Representatives of the claimant for the purpose of processing
the claim, responsible operator and program representation on contested
issues.
e. Labor unions and other voluntary employee associations of which
the claimant is a member for the purpose of assisting the member.
f. Contractors providing automated data processing services to the
Department of Labor, or to any agency or entity to whom release is
authorized, where the contractor is providing a service relating to the
purpose for which the information can be released.
g. Federal, state or local agencies if necessary to obtain
information relevant to a Departmental decision concerning the
determination of initial or continuing eligibility for program
benefits, including whether benefits have been or are being paid
improperly; whether dual benefits prohibited under any federal or state
law are being paid; and including salary offset and debt collection
procedures, including any action required by the Debt Collection Act of
1982.
h. Debt collection agency that DOL has contracted for collection
services to recover indebtedness owed to the United States.
i. Internal Revenue Service for the purpose of obtaining taxpayer
mailing addresses in order to locate such taxpayers to collect,
compromise, or write-off a Federal claim against the taxpayer;
discharging an indebtedness owed by an individual.
j. Credit Bureaus for the purpose of receiving consumer credit
reports identifying the assets, liabilities, income and expenses of a
debtor to ascertain the debtor's ability to pay a debt and to establish
a payment schedule.
Note: Disclosure to a claimant or a person who is duly
authorized to act on the claimant's or beneficiary's behalf, of
information contained in the file may be made over the telephone.
Disclosure over the telephone will only be done where the requestor
provides appropriate identifying information to OWCP personnel.
Telephonic disclosure of information is essential to allow OWCP to
efficiently perform its functions in adjudicating and servicing
claims.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The amount, status and history of overdue debts; the name and
address, taxpayer identification (SSAN), and other information
necessary to establish the identity of a debtor, the agency and program
under which the claim arose, are disclosed pursuant to 5 U.S.C.
552a(b)(12) to consumer reporting agencies as defined by the Fair
Credit Reporting Act (15 U.S.C. 1681a(f), or in accordance with the
Federal Claims Collection Act of 1966 as amended (31 U.S.C. 3711(e) for
the purpose of encouraging the repayment of an overdue debt.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case file documents, both original and copies, in manual files.
RETRIEVABILITY:
Coal miner's name, social security number, and claimant's social
security number different from miner's.
SAFEGUARDS:
Files are located in the restricted area of a Federal building
under guard by security officers.
RETENTION AND DISPOSAL:
Approved claims files are destroyed 10 years after death of last
beneficiary. Denied claims are destroyed 30 years after final denial.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Coal Mine Workers' Compensation, Department
of Labor Building, Room C-3520, 200 Constitution Avenue, NW,
Washington, DC 20210, and district office directors (see addresses in
the Appendix to this document).
NOTIFICATION PROCEDURE:
Individuals wishing to inquire whether this system of records
contains information about them should contact the system manager at
the above address, or district office directors. (See addresses in the
Appendix to this document.) Individuals must furnish claimant's name,
and signature.
RECORD ACCESS PROCEDURE:
Individuals wishing to request access to non-exempt records should
contact the appropriate office listed in the Notification Procedure
section. The individual must furnish his or her name, signature and
address.
CONTESTING RECORD PROCEDURES:
Specific materials in this system have been exempted from Privacy
Act provisions (5 U.S.C. 552a(d)), regarding access to records. The
section of this notice titled ``Systems Exempted from Certain
Provisions of the Act'' indicates the kinds of materials exempted from
access and the reasons for exempting them from access. Individuals
wishing to request amendment of any non-exempt records should contact
the appropriate office listed in the Notification Procedure section.
Individuals must furnish their name, address and signature.
RECORD SOURCE CATEGORIES:
Individuals, organizations, and investigators.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ESA-15
SYSTEM NAME:
Office of Workers' Compensation Programs, Longshore and Harbor
Workers' Compensation Act Case Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Division of Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, Washington, DC 20210, and district
offices of the Office of Workers' Compensation Programs set forth in
the Appendix to this document.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Employees injured or killed while working in private industry who
are covered by the provisions of the Longshore and Harbor Workers'
Compensation Act, the Non-Appropriated Fund Instrumentalities Act, the
Defense Base Act, the War Hazards Act, and the DC Workers' Compensation
Act, referred to collectively herein as the Longshore and Harbor
Workers' Compensation Act (LHWCA).
[[Page 16871]]
CATEGORIES OF RECORDS IN THE SYSTEM:
This system may contain the following kinds of records: reports of
injury by the employee and/or employing agency; claim forms filed by or
on behalf of injured employees covered under the LHWCA or their
survivors seeking benefits under the LHWCA; forms authorizing medical
care and treatment; other medical records and reports; bills and other
payments records; compensation payments records (including section 8(f)
payment records); section 8(f) applications filed by the employer;
formal orders for or against the payment of benefits; transcripts of
hearings conducted; and any other medical employer or personal
information submitted or gathered in connection with the claim. The
system may also contain information relating to dates of birth,
marriage, divorce, and death, notes of telephone conversations
conducted in connection with the claim; information relating to
vocational and/or medical rehabilitation plans and progress reports;
records relating to court proceedings, insurance, banking, and
employment; articles from newspapers and insurance, banking and
employment; articles from newspapers and other publications;
information relating to other benefits (financial and otherwise) the
claimant or employer may be entitled to; and information received from
various investigative agencies concerning possible violations of
Federal civil or criminal law.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
33 U.S.C. 901 et seq. (20 CFR parts 701 et seq.); 36 DC Code 501 et
seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1331 et seq.; 5 U.S.C. 8171 et
seq.
PURPOSE(S):
To maintain records on the actions of insurance carriers,
employers, and injured workers with respect to injuries reported under
the Longshore and Harbor Workers' Compensation Act and related Acts, to
ensure that eligible claimants receive appropriate benefits as provided
by the Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of information from
this system of records may also be made to the following individuals
and entities for the purposes noted when the purpose of the disclosure
is compatible with the purpose for which the information was collected:
a. The employer or its representatives, including third-party
administrators, and/or any party providing the employer with workers'
compensation insurance coverage since the employer and insurance
carrier are parties-in-interest to all actions on a case, for the
purpose of assisting in the litigation of the claim, at any time after
report of the injury or report of the onset of the occupational
illness, or the filing of a notice of injury or claim related to such
injury or occupational illness.
b. Doctors, pharmacies, and other health care providers for the
purpose of treating the claimant, conducting medical examinations,
physical rehabilitation or other services or obtaining medical
evaluations.
c. Public or private rehabilitation agencies to whom the injured
worker has been referred for vocational rehabilitation services so that
they may properly evaluate the injured worker's experience, physical
limitations and future employment capabilities.
d. Federal, state and local agencies conducting similar or related
investigations to verify whether prohibited dual benefits were
provided, whether benefits have been or are being paid properly,
including whether dual benefits prohibited by federal law are being
paid; salary offset and debt collection procedures including those
actions required by the Debt Collection Act of 1982.
e. Labor unions and other voluntary associations from which the
claimant has requested assistance in connection with the processing of
the LHWCA claim.
f. Attorneys or other persons authorized to represent the interests
of the LHWCA claimant in connection with a claim for benefits under the
LHWCA, and/or a LHWCA beneficiary in connection with a claim for
damages filed against a third party.
g. Internal Revenue Service for the purpose of obtaining taxpayer
mailing addresses in order to locate a taxpayer to collect, compromise,
or write-off a Federal claim against such taxpayer; discharging an
indebtedness owed by an individual.
h. Trust funds that have demonstrated to the OWCP a right to a lien
under 33 U.S.C. 917, for the purpose of permitting the trust funds to
identify potential entitlement to payments upon which the trust funds
may execute the lien.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Note: Pursuant to 5 U.S.C. 552a(b)(1), information from this
system of records is disclosed to members and staff of the Office of
Administrative Law Judges, the Benefits Review Board, the Office of
the Solicitor and other components of the Department who have a need
for the record in the performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case files are maintained in manual files and magnetic tapes.
RETRIEVABILITY:
Case files are retrieved after identification by coded file number,
which is cross-referenced to injured worker by name.
SAFEGUARDS:
Files are maintained under supervision of OWCP personnel during
normal working hours. Files and magnetic tapes are maintained in locked
offices after normal working hours. Confidential passwords are required
for access to automated records.
RETENTION AND DISPOSAL:
Time retained varies by type of case, ranging from lost-time
disability cases, in which records are destroyed 20 years after the
case is closed, to other cases where the last possible beneficiary has
died, in which the records are destroyed 6 years and 3 months after the
death of such beneficiary. ``No Lost Time'' cases are destroyed three
years after the end of the fiscal year during which the related report
was received.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Longshore and Harbor Workers' Compensation, U.S.
Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210;
and District Directors at the district offices set forth in the
Appendix.
NOTIFICATION PROCEDURE:
Requests, including name, date of injury, employer at time of
injury, and case file number, if known, should be addressed to the
system manager listed above, at the office where the case is located.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records should contact the
system manager indicated above.
CONTESTING RECORD PROCEDURE:
Individuals wishing to contest the contents of a record should
contact the appropriate System Manager.
[[Page 16872]]
RECORD SOURCE CATEGORIES:
Information is obtained from injured employees, their qualified
dependents, employers, insurance carriers, physicians, medical
facilities, educational institutions, attorneys, and State, Federal,
and private vocational rehabilitation agencies.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-24
SYSTEM NAME:
Office of Workers' Compensation Programs, Longshore and Harbor
Workers' Compensation Act Special Fund System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Division of Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, 200 Constitution Avenue, NW,
Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons receiving compensation and related benefits under the
Longshore and Harbor Workers' Compensation Act, the Non-Appropriated
Fund Instrumentalities Act, the Defense Base Act, the War Hazards Act,
and the DC Workers' Compensation Act, referred to collectively herein
as the Longshore and Harbor Workers' Compensation Act (LHWCA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Medical and vocational rehabilitation reports, bills, vouchers and
records of payment for compensation and related benefits, statements of
employment status, and formal orders for payment of compensation, and
U.S. Treasury Records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
33 U.S.C. 901 et seq. (20 CFR parts 701 et seq.); 36 DC Code 501 et
seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1331 et seq.; 5 U.S.C. 8171 et
seq.;
PURPOSE(S):
This system provides a record of payments to claimants, their
qualified dependents, or providers of services to claimants from the
Special Fund established pursuant to Section 44 of the Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of information from
this system of records may also be made to the following individuals
and entities for the purposes noted when the purpose of the disclosure
is compatible with the purpose for which the information was collected:
a. The employer or employer's representatives, including third-
party administrators, and/or any party providing the employer with
workers' compensation insurance coverage since the employer and
insurance carrier are parties-in-interest to all actions on a case, for
the purpose of assisting in the litigation of the claim, at any time
after report of the injury or report of the onset of the occupational
illness, or the filing of a notice of injury or claim related to such
injury or occupational illness.
b. Doctors, pharmacies, and other health care providers for the
purpose of treating the claimant, conducting medical examinations,
physical rehabilitation or other services or obtaining medical
evaluations.
c. Public or private rehabilitation agencies to whom the injured
worker has been referred for vocational rehabilitation services so that
they may properly evaluate the injured worker's experience, physical
limitations and future employment capabilities.
d. Federal, state and local agencies conducting similar or related
investigations to verify whether prohibited dual benefits were
provided, whether benefits have been or are being paid properly,
including whether dual benefits prohibited by federal law are being
paid; salary offset and debt collection procedures including those
actions required by the Debt Collection Act of 1982.
e. Labor unions and other voluntary associations from which the
claimant has requested assistance with the processing of the LHWCA
claim.
f. Internal Revenue Service for the purpose of obtaining taxpayer
mailing addresses in order to locate such taxpayer to collect,
compromise, or write-off a Federal claim against the taxpayer;
discharging an indebtedness owed by an individual.
g. Trust funds that have demonstrated to the OWCP a right to a lien
under 33 U.S.C. 917, for the purpose of permitting the trust funds to
identify potential entitlement to payments upon which the trust funds
may execute the lien.
h. To individuals, and their attorneys and other representatives,
and government agencies, seeking to enforce a legal obligation on
behalf of such individual, to pay alimony and/or child support, for the
purpose of enforcing such an obligation, pursuant to an order of a
state or local court of competent jurisdiction, including Indian tribal
courts, within any State, territory or possession of the United States,
or the District of Columbia or to an order of a State agency authorized
to issue income withholding notices pursuant to State or local law or
pursuant to the requirements of section 666(b) of title 42, United
States Code, or for the purpose of denying the existence of funds
subject to such legal obligation.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Note: Information from this system of records is disclosed to
members and staff of the Office of Administrative Law Judges, the
Benefits Review Board, the Office of the Solicitor and other
components of the Department who have a need for the record in the
performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case files are maintained in manual files and magnetic tapes.
RETRIEVABILITY:
Case files are retrieved by social security number, which is cross-
referenced to injured worker by name.
SAFEGUARDS:
Files are maintained under supervision of OWCP personnel during
normal working hours. Confidential passwords are required for access to
automated records. Files and magnetic tapes are in Federal office
building.
RETENTION AND DISPOSAL:
Files are destroyed 7 years after last payment is made.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, 200 Constitution Avenue, NW,
Washington, DC 20210.
NOTIFICATION PROCEDURE:
Requests, including name and case number, if known, should be
addressed to the System Manager.
[[Page 16873]]
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records should contact the
System Manager indicated above.
CONTESTING RECORD PROCEDURE:
Individuals wishing to contest the contents of a record should
contact the System Manager indicated above.
RECORD SOURCE CATEGORIES:
The system obtains information from injured employees, their
qualified dependents, employers, insurance carriers, physicians,
medical facilities, educational institutions, attorneys, and State,
Federal, and private vocational rehabilitation agencies.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-25
SYSTEM NAME:
Office of Federal Contract Compliance Programs, Executive
Management Information System (OFCCP/EIS) which includes the Case
Management System (CMS), and Time Reporting Information System (TRIS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
OFCCP, Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210; Ten Regional Offices, see the Appendix to this
document for addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing complaints of employment discrimination by
Federal Contractors and Compliance Officers.
CATEGORIES OF RECORDS IN THE SYSTEM:
Listing of hours utilized to perform OFCCP program
responsibilities. Listing of complaints filed by individuals alleging
employment and listing of hours utilized to perform OFCCP program
responsibilities.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 11246, as amended; the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 2012;
section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
793.
PURPOSE(S):
The Case Management System is the data entry portion of OFCCP's
core case management and management information system. OFCCP Executive
Information System (OFEIS) makes up the reporting side of the total
system. The Office of Contract Compliance Programs Case Management
System (OFCMS) provides the umbrella under which numerous applications
can be accessed. The purposes of the systems are: To track and monitor
by means of an automated data base complaint investigations of
employment discrimination by Federal contractors. To provide OFCCP
Managers with a viable means of tracking the number of hours used in
performing OFCCP program responsibilities. To track the number of hours
utilized by compliance officers in performing their assigned program
duties and responsibilities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN SYSTEM:
STORAGE:
Manual files for working copies of source documents and magnetic
tapes and disks for central computer processing.
RETRIEVABILITY:
By the name of the complainant, OFCCP control number, contractor
establishment name and number. By identification numbers assigned to
each compliance officer.
SAFEGUARDS:
Files are locked except during working hours, and only authorized
personnel have access to files. Computer systems are restricted to
authorized operators and each subsystem has multiple layers of password
protection depending upon sensitivity of data.
RETENTION AND DISPOSAL:
Inactive records retained in system for two years from last date of
action on record before being purged to history files where they are
stored for three years. Transfer to NARA and destroy five years after
transfer.
SYSTEM MANAGER(S) AND ADDRESS:
Director, OFCCP, Room C-3325, 200 Constitution Avenue, NW,
Washington, DC 20210; Regional Directors for OFCCP, see Appendix I to
this document for Addresses.
NOTIFICATION PROCEDURES:
Individuals wishing to inquire whether this system of records
contains information about them should contact the appropriate system
manager or the Regional Office servicing the state where they are
employed (see list of the Regional Office addresses in Appendix). Such
person should provide his or her full name, date of birth, and
signature.
RECORD ACCESS PROCEDURES:
A request for access shall be mailed or presented to the
appropriate system manager at the address listed above. Individuals
must furnish the following information for their records to be
identified: (a) Name and (b) verification of identity as required by
the regulations implementing the Privacy Act of 1974, at 29 CFR 71.2.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information in their files may write
the appropriate system manager at the specified address, reasonably
identifying the records pertaining to them, the information which is
being contested in that record, the corrective action(s) being sought,
and the reason for the correction(s). See also 29 CFR 71.9.
RECORD SOURCE CATEGORIES:
OFCCP personnel working in district and regional offices.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the individual, except to the extent that
the disclosure of such material would reveal the identity of the source
would be held in confidence.
DOL/ESA-26
SYSTEM NAME:
Office of Workers' Compensation Programs, Longshore and Harbor
Workers' Compensation Act Investigation Files.
SECURITY CLASSIFICATION:
None.
[[Page 16874]]
SYSTEM LOCATION:
Division of Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, Washington, DC 20210, and district
offices of the Office of Workers' Compensation Programs set forth in
the Appendix to this document.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing claims for workers' compensation benefits under
the Longshore and Harbor Workers' Compensation Act, the Non-
Appropriated Fund Instrumentalities Act, the Defense Base Act, the War
Hazards Act, and the DC Workers' Compensation Act, referred to
collectively herein as the Longshore and Harbor Workers' Compensation
Act (LHWCA); individuals providing medical and other services to the
Division; employees of insurance companies and of medical and other
services providers to claimants; and other persons suspected of
violations of law under the Act, including related civil and criminal
provisions.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records which contain information gathered in connection with
investigations concerning possible violations of Federal law, whether
civil or criminal, under the LHWCA. This system also contains the work
product of the Department of Labor and other government personnel and
consultants involved in the investigations.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
33 U.S.C. 901 et seq. (20 CFR parts 701 et seq.); 36 DC Code 501 et
seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1331 et seq.; 5 U.S.C. 8171 et
seq.
PURPOSE(S):
To maintain records for the purpose of assisting in determinations
of possible violations of Federal law, whether civil or criminal, in
connection with reported injuries under the LHWCA.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of relevant and
necessary information from this system of records may also be made to
the following individuals and entities for the purposes noted when the
purpose of the disclosure is compatible with the purpose for which the
information was collected: Internal Revenue Service, for the purpose of
obtaining taxpayer mailing addresses in order to locate a taxpayer to
collect, compromise, or write-off a Federal claim against such
taxpayer; discharging an indebtedness owed by an individual.
Note: Pursuant to 5 U.S.C. 552a(b)(1), information from this
system of records is disclosed to members and staff of the Office of
Administrative Law Judges, the Benefits Review Board, the Office of
the Solicitor and other components of the Department who have a need
for the record in the performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in manual files.
RETRIEVABILITY:
Records are retrieved by name of individual being investigated.
SAFEGUARDS:
Files are maintained under the supervision of OWCP personnel and
access is provided only to authorized personnel.
RETENTION AND DISPOSAL:
Time retained varies by type of compensation case involved, and the
investigative file is retained according to the same schedule as the
particular compensation case to which it relates. For example, if the
investigative file is about a lost-time case, it is transferred to the
Federal Records Center 2 years after the related compensation case is
closed, and destroyed 20 years after the case is closed. If the
investigative file is about a death case, it is retained in the office
as long as there are qualified dependents, and destroyed 6 years, 3
months after final closing. ``No Lost Time cases are destroyed three
years after the end of the fiscal year during which the related report
was received.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, 200 Constitution Avenue, NW,
Washington, DC 20210, and District Directors in the district offices of
the Office of Workers' Compensation Programs set forth in the Appendix
to this document.
NOTIFICATION PROCEDURE:
Requests, including name of individual being investigated, should
be addressed to the System Manager.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records should contact the
System Manager indicated above.
CONTESTING RECORD PROCEDURE:
Individuals wishing to contest the contents of a record should
contact the System Manager.
RECORD SOURCE CATEGORIES:
Records are from Division claim and payment files (DOL/ESA-15 and
DOL/ESA-24) and from employees, insurers, service providers; and
information received from parties leading to the opening of an
investigation, or from interviews held during the course of an
investigation.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ESA-27
SYSTEM NAME:
Office of Workers' Compensation Programs, Longshore and Harbor
Workers' Compensation Act Claimant Representatives.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Division of Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, Washington, DC 20210, and district
offices of the Office of Workers' Compensation Programs set forth in
the Appendix to this document.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals alleged to have violated the provisions of the
Longshore and Harbor Workers' Compensation Act and
[[Page 16875]]
its implementing regulations relating to representation of claimants/
beneficiaries before the Department of Labor, those found to have
committed such violations and who have been disqualified, and those who
are investigated but not disqualified. This system would also cover
those persons who have been reinstated as qualified claimant
representatives.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system will consist of information such as the
representative's name and address, the names and addresses of affected
claimants/beneficiaries, copies of relevant documents obtained from
claimant/beneficiary files relating to the issue of representation; all
documents received or created as a result of the investigation of and/
or hearing on the alleged violation of the Longshore Act and/or its
regulations relating to representation, including investigations
conducted by the DOL Office of Inspector General or other agency; and
copies of documents notifying the representative and other interested
persons of the disqualification.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Longshore and Harbor Workers' Compensation Act, 33 U.S.C.
931(b)(2)(B).
PURPOSE(S):
These records contain information on activities--including
billing-- relating to representation of claimants/beneficiaries,
including documents relating to the debarment of representatives under
other Federal or state programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of relevant and
necessary information from this system of records may also be made to
the following individuals and entities for the purposes noted when the
purpose of the disclosure is compatible with the purpose for which the
information was collected:
a. A claimant/beneficiary for the purpose of informing him/her that
his/her representative has been disqualified from further
representation under the Longshore Act.
b. Employers, insurance carriers, state bar disciplinary
authorities, and the general public, for the purpose of providing
information concerning the qualification of person(s) to act as a
claimant representative under the Act.
c. Federal, state or local agency maintaining pertinent records, if
necessary to obtain information relevant to a Departmental decision
relating to debarment actions.
Note: Disclosure of information contained in the file of the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Pursuant to 5 U.S.C. 552a(b)(1), information from this system of
records is disclosed to members and staff of the Office of
Administrative Law Judges, the Benefits Review Board, the Office of the
Solicitor and other components of the Department who have a need for
the record in the performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PROCEDURES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THIS SYSTEM:
STORAGE:
The information collected in connection with complaints is kept in
manual files.
RETRIEVABILITY:
The records are retrieved by the name of the representative.
SAFEGUARDS:
Records are stored in locked file cabinets.
RETENTION AND DISPOSAL:
File is retained in the office for three years after the debarment
action is final and then transferred to the Federal Records Center, and
destroyed thirty years after the debarment action is final. Where the
period of exclusion is defined as a set period of time, the file will
be retained two years after the period of exclusion expires (or the
individual is otherwise reinstated), then transferred to the Federal
Records Center, and destroyed thirty years after the debarment action
is final.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Longshore and Harbor Workers' Compensation Act, Office
of Workers' Compensation Programs, 200 Constitution Avenue, NW,
Washington, DC 20210, and District Directors in district offices set
forth in the Appendix.
NOTIFICATION PROCEDURE:
Requests, including name, date of injury, employer at the time of
injury, and case file number, if known, should be addressed to the
appropriate system manager indicated above.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records should contact the
appropriate system manager listed above.
CONTESTING RECORD PROCEDURE:
Individuals wishing to contest the contents of a record should
contact the System Manager.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from employees, employers,
insurance carriers, members of the public, agency investigative
reports, and from other DOL systems of records.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ESA-28
SYSTEM NAME:
Office of Workers' Compensation Programs, Physicians and Health
Care Providers Excluded under the Longshore Act.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Division of Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, Washington, DC 20210, and district
offices of the Office of Workers' Compensation Programs set forth in
the Appendix to this document.
[[Page 16876]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Providers of medical goods and services, including physicians,
hospitals, and providers of medical support services or supplies
excluded or considered for exclusion from payment under the Longshore
Act, 33 U.S.C. 907(c).
CATEGORIES OF RECORDS IN THE SYSTEM:
Copies of letters, lists, and documents from Federal and state
agencies concerning the administrative debarment of providers from
participation in programs providing benefits similar to those of the
Longshore and Harbor Workers' Compensation Act and their reinstatement;
materials concerning possible fraud or abuse which could lead to
exclusion of a provider; documents relative to reinstatement of
providers; materials concerning the conviction of providers for
fraudulent activities in connection with any Federal or state program
for which payments are made to providers for similar medical services;
all letters, memoranda, and other documents regarding the consideration
of a provider's exclusion, the actual exclusion, or reinstatement under
the provisions of 20 CFR 702.431 et seq.; copies of all documents in a
claimant's file relating to medical care and/or treatment, including
bills for such services; as well as letters, memoranda, and other
documents obtained during investigations, hearings, and other
administrative proceedings concerning exclusion for fraud or abuse, as
well as reinstatement, and recommendations and decisions; lists of
excluded providers released by the OWCP.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901,
907(c).
PURPOSE(S):
To maintain records to determine the propriety of instituting
debarment actions under the Longshore Act. These records also provide
information on treatment, billing and other aspects of a medical
provider's actions, and/or documentation relating to the debarment of
the medical care provider under another Federal or state program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of information from
this system of records may be made to the following individuals and
entities for the purposes noted when the purpose of the disclosure is
compatible with the purpose for which the information is collected:
a. Federal, state or local government agencies, state licensing
boards, professional organizations, claimants, patients, employers,
insurance companies, and any other entities or individuals, for the
purpose of identifying an excluded or reinstated provider, to ensure
that authorization is not issued nor payment made to an excluded
provider, and for the purpose of providing notice that a formerly
excluded provider has been reinstated.
b. Federal, state or local government agencies, state licensing
boards, professional organizations, claimants, patients, employers,
insurance companies, and any other entities or individuals, for the
purpose of obtaining information necessary to ensure that the list of
excluded providers is correct, useful, and updated, as appropriate, and
for the purpose of obtaining information relevant to a Departmental
decision regarding a debarment action. This routine use encompasses the
disclosure of such information which will enable the Department to
properly verify the identity of a provider, to identify the nature of a
violation, and the penalty imposed for such violation.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Note: Pursuant to 5 U.S.C. 552a(b)(1), information from this
system of records is disclosed to members and staff of the Benefits
Review Board, the Office of Administrative Law Judges, the Office of
the Solicitor and other components of the Department who have a need
for the record in the performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PROCEDURES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THIS SYSTEM:
STORAGE:
The records are in manual files, magnetic tapes or other computer
storage media, or on computer printouts.
RETRIEVABILITY:
Material is maintained by the name of the provider.
SAFEGUARDS:
Material in the possession of the Office of Workers' Compensation
Programs and its contractors will be, when not in use, kept in closed
file cabinets, appropriate lockers and storage areas, etc.
RETENTION AND DISPOSAL:
File is retained in the office for three years after the debarment
action is final and then transferred to the Federal Records Center, and
destroyed thirty years after the debarment action is final. Where the
period of exclusion is defined as a set period of time, the file will
be retained two years after the period of exclusion expires (or the
individual is otherwise reinstated), then transferred to the Federal
Records Center, and destroyed thirty years after the debarment action
is final.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Longshore and Harbor Workers' Compensation Act, Office
of Workers' Compensation Programs, 200 Constitution Avenue, NW,
Washington, DC 20210, and District Directors in the district offices
set forth in the Appendix to this document.
NOTIFICATION PROCEDURE:
An individual wishing to inquire whether this system of records
contains information about him/her may write the system manager at the
address above. In order for the record to be located, the individual
must provide his or her full name, date of birth, and signature.
RECORD ACCESS PROCEDURE:
Any individual seeking access to non-exempt information about a
record within this system of records may write the appropriate system
manager, and arrangements will be made to provide review of the file.
In order for the record to be located, the individual must provide his
or her full name, date of birth, and signature.
CONTESTING RECORD PROCEDURE:
Specific materials in this system have been exempted from certain
Privacy Act provisions regarding the amendment of records. The section
of this notice entitled ``Systems Exempted from Certain Provisions of
the Act'' indicates the kind of materials exempted, and the reasons for
exempting them. Any individual requesting amendment of non-exempt
records should contact the appropriate system manager. In order for the
record to be located, the
[[Page 16877]]
individual must provide his or her full name, date of birth, and
signature. Individuals requesting amendment of records must comply with
the Department's Privacy Act regulations at 29 CFR 71.1 and 71.9.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from Federal, state or local
government agencies, state licensing boards, professional
organizations, claimants, patients, employers, insurance companies, any
other entities or individuals, public documents, and newspapers, as
well as from other Department of Labor systems of records.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ESA-29
SYSTEM NAME:
Office of Workers' Compensation Programs, Physicians and Health
Care Providers Excluded under the Federal Employees' Compensation Act.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The Division of Federal Employees' Compensation, Office of Workers'
Compensation Programs, Washington, DC 20210, and district offices of
the Office of Workers' Compensation Programs set forth in the Appendix
to this document.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Providers of medical goods and services, including physicians,
hospitals, and providers of medical support services or supplies
excluded or considered for exclusion from payment under the Federal
Employees' Compensation Act for fraud or abuse (20 CFR 10.815-826).
CATEGORIES OF RECORDS IN THE SYSTEM:
Copies of letters, lists and documents from Federal and state
agencies concerning the administrative debarment of providers from
participation in programs providing benefits similar to those of the
Federal Employees' Compensation Act and their reinstatement; materials
concerning possible fraud or abuse which could lead to exclusion of a
provider; documents relative to reinstatement of providers, materials
concerning the conviction of providers for fraudulent activities in
connection with any Federal or state program for which payments are
made to providers for similar medical services; all letters, memoranda,
and other documents regarding the consideration of a provider's
exclusion, the actual exclusion, or reinstatement under the provisions
of 20 CFR 10.815-826; copies of all documents in a claim file relating
to medical care and/or treatment including bills for such services, as
well as letters, memoranda, and other documents obtained during
investigations, hearings and other administrative proceedings
concerning exclusion for fraud or abuse, as well as reinstatement,
along with recommendations and decisions; lists of excluded providers
released by the OWCP.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Employees' Compensation Act (5 U.S.C. 8101 et seq.), and
Title 20 CFR part 10.
PURPOSE(S):
To maintain records to determine the propriety of instituting
debarment actions under the Federal Employees' Compensation Act. These
records also provide information on treatment, billing and other
aspects of a medical provider's actions, and/or documentation relating
to the debarment of the medical care provider under another Federal or
state program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of information from
this system of records may be made to the following individuals and
entities for the purposes noted when the purpose of the disclosure is
compatible with the purpose for which the information is collected:
a. Federal, state or local government agencies, state licensing
boards, professional organizations, claimants, patients, employers,
insurance companies, and any other entities or individuals, for the
purpose of identifying an excluded or reinstated provider, to ensure
that authorization is not issued nor payment made to an excluded
provider, and for the purpose of providing notice that a formerly
excluded provider has been reinstated.
b. Federal, state or local government agencies, state licensing
boards, professional organizations, claimants, patients, employers,
insurance companies, and any other entities or individuals, for the
purpose of obtaining information necessary to ensure that the list of
excluded providers is correct, useful, and updated, as appropriate, and
for the purpose of obtaining information relevant to a Departmental
decision regarding a debarment action. This routine use encompasses the
disclosure of such information that will enable the Department to
properly verify the identity of a provider, to identify the nature of a
violation, and the penalty imposed for such violation.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Note: Pursuant to 5 U.S.C. 552a(b)(1), information from this
system of records is disclosed to members and staff of the
Employees' Compensation Appeals Board, the Office of Administrative
Law Judges, the Office of the Solicitor and other components of the
Department who have a need for the record in the performance of
their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PROCEDURES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THIS SYSTEM:
STORAGE:
The records are in manual files, magnetic tapes or other computer
storage media, or on computer printouts.
RETRIEVABILITY:
Material is maintained either by the name of the provider, a case
citation, or date of release.
[[Page 16878]]
SAFEGUARDS:
Material in the possession of the Office of Workers' Compensation
Programs and its contractors will be, when not in use, kept in closed
file cabinets, appropriate lockers and storage areas, etc.
RETENTION AND DISPOSAL:
File is retained in the office for three years after the debarment
action is final and then transferred to the Federal Records Center, and
destroyed thirty years after the debarment action is final. Where the
period of exclusion is defined as a set period of time, the file will
be retained two years after the period of exclusion expires (or the
individual is otherwise reinstated), then transferred to the Federal
Records Center, and destroyed thirty years after the debarment action
is final.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Federal Employees' Compensation, Office of Workers'
Compensation Programs, 200 Constitution Avenue, NW, Washington, DC
20210, and the District Directors of the district offices set forth in
the Appendix to this document.
NOTIFICATION PROCEDURE:
An individual wishing to inquire whether this system of records
contains information about him/her may write the appropriate system
manager at the address above. In order for the record to be located,
the individual must provide his or her full name, date of birth, and
signature.
RECORD ACCESS PROCEDURE:
Any individual seeking access to non-exempt information about a
record within this system of records may write the OWCP district office
where the case is located, or the system manager, and arrangements will
be made to provide review of the file. In order for the record to be
located, the individual must provide his or her full name, date of
birth, and signature.
CONTESTING RECORD PROCEDURE:
Specific materials in this system have been exempted from certain
Privacy Act provisions regarding the amendment of records. The section
of this notice Entitled ``Systems Exempted from Certain Provisions of
the Act'' indicates the kind of materials exempted, and the reasons for
exempting them. Any individual requesting amendment of non-exempt
records should contact the appropriate the system manager. Individuals
requesting amendment of records must comply with the Department's
Privacy Act regulations at 29 CFR 71.1 and 71.9.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from Federal, state or local
government agencies, state licensing boards, professional
organizations, claimants, patients, employers, insurance companies, any
other entities or individuals, public documents, and newspapers, as
well as from other Department of Labor systems of records.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material
compiled for law enforcement purposes which is maintained in the
investigation files of the Office of Workers' Compensation Programs, is
exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I),
and (f) of 5 U.S.C. 552a. The disclosure of information contained in
civil investigative files, including the names of persons and agencies
to whom the information has been transmitted, would substantially
compromise the effectiveness of the investigation. Knowledge of such
investigations would enable subjects to take such action as is
necessary to prevent detection of illegal activities, conceal evidence
or otherwise escape civil enforcement action. Disclosure of this
information could lead to the intimidation of, or harm to, informants
and witnesses, and their respective families, and the well being of
investigative personnel and their families.
DOL/ESA-30
SYSTEM NAME:
Office of Workers' Compensation Programs, Black Lung Automated
Support Package.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Workers' Compensation Programs, Division of Coal Mine
Workers' Compensation, U.S. Department of Labor Building, 200
Constitution Ave., NW, Washington, DC 20210, and district offices (see
addresses in the Appendix to this document).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing claims for black lung benefits; claimants
receiving benefits; dependents of claimants and beneficiaries; medical
providers; attorneys representing claimants; coal mine operators
(workers' compensation insurance carriers).
CATEGORIES OF RECORDS IN THE SYSTEM:
Records included are personal (name, date of birth, SSN, claim
type, miner's date of death); demographic (state, county, city,
congressional district, zip code); mine employment history; medical
records; initial determination; conference results; hearing results;
medical and disability payment history; accounting information
including data on debts owed to the United States; Social Security
Administration black lung benefits data; state workers' compensation
claim and benefits data; coal mine operator names, addresses, states of
operation and histories of insurance coverage; and medical service
providers names, addresses, license numbers, medical specialties, tax
identifications and payment histories.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 901 et seq., 20 CFR 715.1 et seq., 20 CFR 720.1 et seq.,
20 CFR 725.1 et seq.
PURPOSE(S):
To maintain data on claimants, beneficiaries and their dependents;
attorneys representing claimants; medical service providers; coal mine
operators and insurance carriers. Provide means of automated payment of
medical and disability benefits. Maintain a history of medical bills
submitted by beneficiaries and medical service providers. Maintain a
history of disability benefit payments made to beneficiaries and
medical benefit payments made to beneficiaries and medical service
providers. Maintain program accounting information including
information on debts owed to the United States. Provide a means for the
automatic recoupment of overpayments made to beneficiaries and medical
service providers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document , disclosure of relevant and
necessary information may be made to the following:
a. Mine operators (and/or any party providing the operator with
workers' compensation insurance) who have been determined potentially
liable for the claim at any time after the filing of a notice of injury
or claim related to such injury or occupational illness, for the
purpose of determining liability for payment.
b. State workers' compensation agencies and the Social Security
Administration for the purpose of determining offsets as specified
under the Act.
c. Doctors and medical services providers for the purpose of
obtaining
[[Page 16879]]
medical evaluations, physical rehabilitation or other services.
d. Other Federal agencies conducting scientific research concerning
the incidence and prevention of black lung disease.
e. Legal representatives, or person authorized to act on behalf of
the claimant, responsible operator and program representation on
contested issues.
f. Labor unions and other voluntary employee associations of which
the claimant is a member for the purpose of exercising an interest in
claims of members as part of their service to the members.
g. Contractors providing automated data processing services to the
Department of Labor, or to any agency or entity to whom release is
authorized, where the contractor is providing a service relating to the
purpose for which the information can be released.
h. Federal, state or local agencies if necessary to obtain
information relevant to a Department decision concerning the
determination of initial or continuing eligibility for program
benefits, whether benefits have been or are being paid improperly,
including whether dual benefits prohibited under any federal or state
law are being paid; and salary offset and debt collection procedures,
including any action required by the Debt Collection Act of 1982, 31
U.S.C. 3711.
i. Debt collection agency that DOL has contracted for collection
services to recover indebtedness owed to the United States.
j. Internal Revenue Service for the purpose of obtaining taxpayer
mailing addresses in order to locate taxpayers to collect, compromise,
or write-off a Federal claim against the taxpayer; discharging an
indebtedness owed by an individual.
k. Credit Bureaus for the purpose of receiving consumer credit
reports identifying the assets, liabilities, income and expenses of a
debtor to ascertain the debtor's ability to pay a debt and to establish
a payment schedule.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The amount, status and history of overdue debts; the name and
address, taxpayer identification (SSAN), and other information
necessary to establish the identity of a debtor, the agency and program
under which the claim arose, are disclosed pursuant to 5 U.S.C.
552a(b)(12) to consumer reporting agencies as defined by section 603(f)
of the Fair Credit Reporting Act (15 U.S.C. 1681a(f); or in accordance
with section 3(d)(4)(A)(ii) of the Federal Claims Collection Act of
1966 as amended (31 U.S.C. 3711(f) for the purpose of encouraging the
repayment of an overdue debt.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Magnetic media. Medical bills and supporting medical reports
transferred to microfilm and magnetic media.
RETRIEVABILITY:
Coal miner's name and social security number; medical provider
number; coal mine operator number; insurance carrier number.
SAFEGUARDS:
Files secured in a guarded facility; teleprocessing access
protected by restrictions on access to equipment and through use of
encrypted passwords.
RETENTION AND DISPOSAL:
Electronic file data has permanent retention. Claimant and benefit
master file data will be transferred to magnetic tape and transmitted
to NARA every ten years. This data (which includes both open and closed
cases) will not be made available to the public until 90 years after
transfer to NARA due to Privacy Act restrictions.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Coal Mine Workers' Compensation, U.S.
Department of Labor, Room C-3520, 200 Constitution Ave., NW,
Washington, DC 20210, and district office director (see addresses in
The Appendix to this document).
NOTIFICATION PROCEDURE:
Individuals wishing to inquire whether this system of records
contains information about them should contact the system manager at
the above address or district office director (see addresses in the
Appendix to this document). Individuals must furnish their name,
address, and signature.
RECORD ACCESS PROCEDURES:
Individuals wishing to access any records should contact the
appropriate office listed in the Notification Procedure section.
Individuals must furnish their name, address and signature.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of any non-exempt records
should contact the appropriate office listed in the Notification
Procedure section. Individuals must furnish their name, address, and
signature.
RECORD SOURCE CATEGORIES:
Individuals, and organizations.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Investigatory portion of system exempted from certain provisions of
the ACT: In accordance with paragraph 3(k)(2) of the Privacy Act,
investigatory material compiled for civil law enforcement purposes,
which is maintained in this system's files of the Office of Workers'
Compensation Programs of the Employment Standards Administration, is
exempt from paragraphs (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I),
and paragraph (f) of 5 U.S.C. 552a. The disclosure of civil
investigatory information, if any, contained in this system's files,
including the names of persons and agencies to whom the information has
been transmitted, would substantially compromise the effectiveness of
investigations. Knowledge of such investigations would enable subjects
to take such action as is necessary to prevent detection of illegal
activities, conceal evidence, or otherwise escape civil enforcement
action. Disclosure of this information could lead to the intimidation
of, or harm to informants, witnesses, and their respective families,
and in addition, could jeopardize the safety and well-being of
investigative personnel and their families.
DOL/ESA-32
SYSTEM NAME:
ESA, Employee Conduct Investigations.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The Employment Standards Administration National Office.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Subjects of complaints and/or investigations covered under the
authority delegated to the Branch of
[[Page 16880]]
Management Review and Internal Control.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, organization and other information relating to the individual
involved. It also contains investigative report(s) associated with the
case, including interviews and other confidential data gathered.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C.301.
PURPOSE(S):
To investigate allegations of misconduct.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ASSESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are stored in file folders in metal cabinets.
RETRIEVABILITY:
By name of the subject of the complaint or the case file number.
SAFEGUARDS:
The files are maintained in locked file cabinets with access only
to those with a need to know the information to perform their duties.
RETENTION AND DISPOSAL:
Records are retained for four years following the date either: (a)
They are referred to the OIG; (b) they are transferred to OPM/GOVT-3
Records of Adverse Actions and Actions Based on Unacceptable
Performance; or (c) it is determined that the allegation was without
sufficient merit to warrant further action, after which they are
destroyed by burning.
SYSTEM MANAGER(S) AND ADDRESS:
Branch of Management Review and Internal Management Control, 200
Constitution Ave., NW, Room N-4414, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquires should be mailed or presented to the system manager noted
at the address noted above.
RECORD ACCESS PROCEDURE:
A request for access shall be addressed to the system manager at
the address listed above. Individuals must furnish the following
information for their records to be located and identified: Name;
approximate date of the investigation; and individuals requesting
access must also comply with the Privacy Act regulations regarding
verification of identity to records at 29 CFR 71.2.
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager
and must meet the requirements of 29 CFR 71.2.
RECORD SOURCE CATEGORIES:
Hotline complaints through the Office of the Inspector General's
hotline; hotline complaints through the General Accounting Office's
hotline system, personnel records; incident reports submitted by other
employees; investigative reports, and individuals.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ESA-33
SYSTEM NAME:
``Time Report'' Component of the Wage and Hour Investigative
Support and Reporting Database (WHISARD)
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office (NO), Regional Offices (RO), and
District Offices (DO). See the Appendix to this document for the
addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Wage and Hour Division Investigators, Assistants, and Supervisors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Listing of hours worked distributed among the various programs
Activities; leave records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
To provide Wage and Hour District Directors a method of monitoring
the activities of Investigators by providing a daily record of
Investigator activities including expenditure of hours by case, Act,
non-case activity, and a record of leave taken.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Printed copies of these records are maintained in file cabinets and
in an electronic file database in the NO.
RETRIEVABILITY:
By name of Investigator, assistant, and supervisor.
SAFEGUARDS:
Files are locked except during working hours. Only authorized
personnel have access to files. Electronic files are protected by the
use of passwords by authorized persons.
RETENTION AND DISPOSAL:
Printed forms generated by the WHISARD system will be retained in
Wage and Hour DOs (see Records Disposal Schedule #NN-168-43, items 1a
and 1b). Database information will be captured on tape at the end of
each fiscal year and retained for 25 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Frances Perkins Building,
200 Constitution Avenue, NW, Washington DC 20210; Regional
Administrators Wage and Hour Division (see the Appendix of this
document for addresses).
NOTIFICATION PROCEDURES:
Individuals wishing to make inquiries regarding this system should
contact the system manager, or the regional office servicing the state
where they are employed (see the Appendix of this document for
addresses).
[[Page 16881]]
RECORD ACCESS PROCEDURES:
Individuals wishing to request these records should contact the
appropriate system manager listed above.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest or amend any nonexempt system
should direct their request to the system manager listed in the
Appendix. In addition, the request should state clearly and concisely
what information is being contested, the reason for contesting it, and
the proposed amendment sought for the information. See 29 CFR part 71.
RECORD SOURCE CATEGORIES:
Individual investigators, assistants and supervisors, Wage and Hour
investigator personnel working in District Offices.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-34
SYSTEM NAME:
Farm Labor Contractor Registration File.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
All Wage and Hour Regional Offices and the Florida Department of
Labor & Employment Security, Agricultural Programs Section located in
Tallahassee, Florida.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for and holders of Farm Labor Contractor Certificates of
Registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records, which contain personal identification, fingerprints, FBI
records, insurance records, court and police records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To maintain a record of applicants for and holders of Farm Labor
Contractor Certificates of Registration. Records are used to determine
eligibility for issuance of a certificate of registration and for
determining compliance with MSPA.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, relevant and necessary
information may be disclosed to the system manager of DOL/ESA-37, MSPA
Public Central Register Records File, for the purpose of preparing its
list.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are kept in letter size manual files, computer discs and
computer printouts. Records are stored in metal file cabinets in Wage
and Hour Regional Offices and in the office of the Florida Department
of Labor & Employment Security, Agricultural Programs Section, located
in Tallahassee, Florida.
RETRIEVABILITY:
Indexed by the name of the applicant/holder.
SAFEGUARDS:
Accessible only to persons engaged in the administration of the
program and there is screening to prevent unauthorized disclosure.
RETENTION AND DISPOSAL:
Records must be retained for a period of five years from the date
of last certificate of action, and then destroyed when no longer
needed.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, 200 Constitution Avenue, NW,
Washington, DC 20210, and Regional Administrator for Wage and Hour of
relevant Regional Offices.
NOTIFICATION PROCEDURE:
To System Manager(s) at above address.
RECORD ACCESS PROCEDURES:
Write to System Manager(s) indicated above.
CONTESTING RECORD PROCEDURES:
Address inquiries to Administrator, Wage and Hour Division, 200
Constitution Avenue, NW, Washington, DC 20210, and Regional
Administrator for Wage and Hour of relevant Regional Offices. Such
inquiries should include the full name of the requester.
RECORD SOURCE CATEGORIES:
The applicant, insurance companies, FBI, court and police records,
and from investigations conducted by DOL.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-35
SYSTEM NAME:
Farm Labor Contractor Employee Registration File.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
All Wage and Hour Regional Offices and the Florida Department of
Labor & Employment Security, Agricultural Programs Section located in
Tallahassee, Florida.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for and holders of Farm Labor Contractor Employee
Certificates of Registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records which contain personal identification, fingerprints, FBI
records, insurance records, court and police records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To maintain a record of applicants for and holders of Farm Labor
Contractor Employee Certificates of Registration. Records are used to
determine eligibility for issuance of a certificate of registration and
for determining compliance with MSPA.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, relevant and necessary
information may be disclosed to the system manager of DOL/ESA-37, MSPA
Public Central Register Records File, for the purpose of preparing its
list.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are kept in letter size manual files, computer discs and
computer
[[Page 16882]]
printouts. Records are stored in metal file cabinets in Wage and Hour
Regional Offices and in the office of the Florida Department of Labor &
Employment Security, Agricultural Programs Section, located in
Tallahassee, Florida.
RETRIEVABILITY:
Indexed by the name of the applicant/holder.
SAFEGUARDS:
Accessible only to persons engaged in the administration of the
program and there is screening to prevent unauthorized disclosure.
RETENTION AND DISPOSAL:
Records must be retained for a period of five years from the date
of last certificate of action, and then destroyed when no longer
needed.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, 200 Constitution Avenue, NW,
Washington, DC 20210, and Regional Administrator for Wage and Hour of
relevant Regional Offices.
NOTIFICATION PROCEDURE:
Write to System Manager(s) indicated above.
RECORD ACCESS PROCEDURES:
Write to appropriate System Manager indicated above.
CONTESTING RECORD PROCEDURES:
Address inquiries to Administrator, Wage and Hour Division, 200
Constitution Avenue, NW, Washington, DC 20210, and Regional
Administrator for Wage and Hour of relevant Regional Offices. Such
inquiries should include the full name of the requester.
RECORD SOURCE CATEGORIES:
The applicant, insurance companies, FBI, court and police records,
and from investigations conducted by DOL.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-36
SYSTEM NAME:
MSPA Civil Money Penalties in the Wage Hour Investigative Support
and Reporting Database (WHISARD).
SECURITY CLASSIFICATION:
None.
DOL/ESA-36
SYSTEM NAME:
MSPA Civil Money Penalties in the Wage Hour Investigative Support
and Reporting Database (WHISARD).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office (NO), Regional Offices (RO) and
District Offices (DO), see The Appendix of this document for addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All persons investigated and assessed civil money penalties (CMPs)
under the Migrant and Seasonal Agricultural Worker Protection Act
(MSPA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Names, addresses, Social Security numbers, complaint information,
employer information, employer/employee interviews, payroll
information, housing and/or vehicle inspection reports, outcome of
investigation, notification of determination to assess a CMP, hearing
requests and/or subsequent legal documents.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To maintain records on persons assessed MSPA CMPs and all actions
connected therewith.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those routine uses listed in the General Prefatory
Statement to this document.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
Original records are stored in Wage and Hour offices. These records
and other information are also maintained in an electronic file
database in these offices.
RETRIEVABILITY:
Records are retrieved by employer name, Employer Identification
Number, case file number or Act violated.
SAFEGUARDS:
Only authorized personnel have access by use of passwords to
information stored on the database.
Original records are securely stored in Wage and Hour Regional
Offices.
RETENTION AND DISPOSAL:
1. Electronic records are electronically archived; data tapes are
retained for 25 years.
2. Printed information generated by this system and retained in a
Wage-Hour office will be disposed of as follows: Printed information,
concerning cases where violations were found, is disposed of 12 years
after the date the case is closed. For cases where no violation were
found, printed information is disposed of three years after the closing
date.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Room S-3502, Frances Perkins
Building, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Individuals wishing to make inquiries regarding this system should
contact the system manager, or the regional office that services the
state in which they are located (see list of the regional office
addresses in the Appendix of this document). Inquiries should include
the full name of the requester and the date and amount of assessment.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to these records should
contact the appropriate regional office listed in the Appendix.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or amend any records should direct
their request to the appropriate regional office listed in the
Appendix. Such inquiries should include the full name of the requester
and the date and amount of assessment.
RECORD SOURCE CATEGORIES:
The subject of the investigation, employer(s), employee(s) (present
and/or former), insurance companies, other government agencies, court
documents, and previous investigations (if applicable).
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-37
SYSTEM NAME:
MSPA Public Central Registry Records File.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office (NO), Regional Offices (RO) and
District
[[Page 16883]]
Offices (DO), see the Appendix for addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Holders of Farm Labor Contractor and Farm Labor Contractor Employee
Certificates of Registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records which contain the name, address, certificate of
registration number, authorization to transport, house, or drive (if
any), and effective and expiration dates of holders of Farm Labor
Contractor and Farm Labor Contractor Employee Certificates of
Registration.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To maintain a record of holders of Farm Labor Contractor and Farm
Labor Contractor Employee Certificates of Registration.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to the routine uses listed in the General Prefatory
Statement to this document, a public central registry of all persons
issued certificates of registration is maintained by name and address
which is available to anyone, upon request, as required by the Migrant
and Seasonal Agricultural Worker Protection Act (MSPA), as amended
(Section 402). Alternatively, section 500.170 of 29 CFR Part 500
provides that requests for registry information may be made by
telephone by calling a toll-free number (listed). This registry is the
source for providing that information.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
Original records are stored in the Wage and Hour Regional Offices.
These records are also maintained in an electronic file Database in the
DOL NO.
RETRIEVABILITY:
Records are retrieved by name, Social Security Number (or Employer
Identification Number), or Farm Labor Contractor Registration Number.
SAFEGUARDS:
Only authorized personnel have access by use of passwords to
information stored on the database.
Original records are securely stored in Wage and Hour Regional
Offices.
RETENTION AND DISPOSAL:
1. Electronic records are updated on a real-time basis. Expired
certificate records are electronically archived daily. Data tapes are
retained for 25 years.
2. Printed information generated by the certificates program and
retained in a Wage-Hour office will be disposed of 5 years after the
date of last certificate action.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Frances Perkins Building,
200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Individuals wishing to make inquiries regarding this system should
contact the system manager, or the regional office that services the
state in which they are located (see list of the regional office
addresses in the Appendix).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to these records should
contact the appropriate regional office listed in the Appendix.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or amend any records should direct
their request to the appropriate regional office listed in the
Appendix. Such inquiries should include the full name of the requester
and the date and amount of assessment.
RECORD SOURCE CATEGORIES:
Farm labor contractor and farm labor contractor employee
applications and certificates of registration.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-38
SYSTEM NAME:
Wage and Hour Regional Office Clearance List--MSPA Registration
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office (NO), Regional Offices (RO) and
District Offices (DO), see the Appendix for addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Farm labor contractors and farm labor contractor employees who may
not currently meet eligibility requirements, as stated in the Migrant
and Seasonal Agricultural Worker Protection Act (MSPA) for issuance of
a certificate of registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing names, addresses, and social security numbers,
outstanding unpaid CMPs under MSPA, injunctions, convictions,
deportations, and previous actions to deny or revoke a certificate of
registration.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To provide a list of persons who may not meet eligibility
requirements for issuance of a farm labor contractor or farm labor
contractor employee Certificate of Registration to be used as a
reference document for screening incoming applications by Wage and Hour
Regional Offices and to provide historical and current compliance
information to Wage and Hour National, Regional, and District Offices.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
Original records are stored in the Wage and Hour Regional Offices.
These records are also maintained in an electronic file Database in the
DOL National Office.
RETRIEVABILITY:
Records are retrieved by name or Social Security number (or
Employer Identification Number).
SAFEGUARDS:
Only authorized personnel have access by use of passwords to
information stored on the database.
Original records are securely stored in Wage and Hour Regional
Offices.
RETENTION AND DISPOSAL:
1. Electronic records are updated on a real-time basis. Data tapes
are retained for 25 years.
2. Printed information retained in Wage-Hour offices will be
disposed of 5
[[Page 16884]]
years after the date of the last certifice action.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Frances Perkins Building,
200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Individuals wishing to make inquiries regarding this system should
write to the system manager, or the regional office that services the
state in which they are located (see list of the regional office
addresses in the Appendix of this document).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to these records should write
to the appropriate office listed in the Appendix. Accessible only to
persons engaged in the administration of the program.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or amend any record procedures
should write to the system manager listed in the Appendix. The request
should state clearly and concisely what information is being contested,
the reason for contesting it, and the proposed amendment sought for the
information.
RECORD SOURCE CATEGORIES:
Insurance companies, FBI, court and police records, previous
actions to deny or revoke certificates of registration, and from
investigations conducted by DOL and subsequent legal documents
following such investigations.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-39
SYSTEM NAME:
State Employment Service Clearance List--MSPA Registration
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The Department of Labor & Employment Security, Tallahassee,
Florida; New Jersey Department of Labor, Trenton, New Jersey; Virginia
Employment Commission, Richmond, Virginia; Wage and Hour National
Office (NO), Regional Offices (RO) and District Offices (DO), see the
Appendix of this document for addresses of the Wage and Hour offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Farm labor contractors and farm labor contractor employees who may
not currently meet eligibility requirements, as stated in the Migrant
and Seasonal Agricultural Worker Protection Act (MSPA), for issuance of
a certificate of registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records contain names, addresses, and Social Security numbers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To provide a list of persons who may not meet eligibility
requirements for issuance of a farm labor contractor or farm labor
contractor employee Certificate of Registration to be used as a
reference document for screening incoming applications by the
Department of Labor and Employment Security, Tallahassee, Florida; New
Jersey Department of Labor, Trenton, New Jersey; and Virginia
Employment Commission, Richmond, Virginia.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
Electronic data is stored on computer disc.
RETRIEVABILITY:
Records are retrieved by name or by Social Security Number.
SAFEGUARDS:
This is accessible only to persons engaged in the administration of
the program and there is screening to prevent unauthorized disclosure.
RETENTION AND DISPOSAL:
Electronic records are updated on a monthly basis. Data tapes are
retained for 25 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Frances Perkins Building,
200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Write to System Manager(s) indicated above.
RECORD ACCESS PROCEDURES:
Write to System Manager(s) indicated above.
CONTESTING RECORD PROCEDURES:
Write to System Manager(s) indicated above.
RECORD SOURCE CATEGORIES:
Wage and Hour Clearance List--MSPA Registration.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-40
SYSTEM NAME:
MSPA Tracer List.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The Wage and Hour National Office.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Farm labor contractors, farm labor contractor employees,
agricultural employers, and housing providers who have been
investigated under the Migrant and Seasonal Agricultural Worker
Protection Act (MSPA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing names, addresses, and Certificate of
Registration numbers of persons investigated under MSPA; location and
scope of investigation, period covered and results of investigations
conducted.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To provide a written compliance history of persons who have been
investigated under MSPA and the results of those investigations as a
reference document for Wage and Hour investigators to determine
knowledge of the Act by the person being investigated and whether
previous violations are ongoing.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
None.
[[Page 16885]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
Records are stored on computer media at the Wage and Hour National
Office.
RETRIEVABILITY:
Records are retrieved by name.
SAFEGUARDS:
Electronic data is stored on computer disc. This is accessible only
to persons engaged in the administration of the program and there is
screening to prevent unauthorized disclosure.
RETENTION AND DISPOSAL:
Electronic records are updated on a monthly basis. Data tapes are
retained for 25 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Frances Perkins Building,
200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Write to System Manager(s) indicated above.
RECORD ACCESS PROCEDURES:
Write to System Manager(s) indicated above.
CONTESTING RECORD PROCEDURES:
Write to System Manager(s) indicated above.
RECORD SOURCE CATEGORIES:
The person investigated, employers, employees, insurance companies,
FBI, court and police records, and from investigations conducted by DOL
and subsequent legal documents following such investigations.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a provided, however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ESA-41
SYSTEM NAME:
MSPA Certificate Action Record Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office and Regional Offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for and holders of Farm Labor Contractor/Farm Labor
Contractor Employee Certificates of Registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names, addresses, Social Security numbers, fingerprints, FBI
records, insurance records, court and police records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Migrant and Seasonal Agricultural Worker Protection
Act, as amended (MSPA), 29 U.S.C. 1801 et seq.
PURPOSE(S):
To maintain a record of persons whose applications for or
previously issued Farm Labor Contractor/Farm Labor Contractor Employee
Certificates of Registration have been denied or revoked and all
subsequent actions connected therewith.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
None except for these routine uses listed in the General Prefatory
Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in metal file cabinets and computer media in the
Wage and Hour National Office. Computer media are stored in the Wage
and Hour National Office and Regional Offices.
RETRIEVABILITY:
By the name of the applicant/holder.
SAFEGUARDS:
Accessible only to persons engaged in the administration of the
program and there is screening to prevent unauthorized disclosure.
RETENTION AND DISPOSAL:
Records must be retained for a period of five years from the
expiration date of a certificate of registration or from the date an
application is received where no certificate has been issued.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, 200 Constitution Avenue, NW,
Washington, DC 20210.
NOTIFICATION PROCEDURE:
Write to System Manager at above address.
RECORD ACCESS PROCEDURES:
Write to System Manager indicated above.
CONTESTING RECORD PROCEDURES:
Write to Administrator, Wage and Hour Division, 200 Constitution
Avenue, NW, Washington, DC 20210. Such inquiries should include the
full name of the requester.
RECORD SOURCE CATEGORIES:
Applicants, individuals, insurance companies, FBI, court and police
records, and from investigations conducted by DOL.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a provided however, that if any individual is denied any
right, privilege, or benefit that he or she would otherwise be entitled
to by Federal law, or for which he or she would otherwise be eligible,
as a result of the maintenance of these records, such material shall be
provided to the 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.
DOL/ESA-42
SYSTEM NAME:
Case Registration/Investigator Assignment Form; in the Wage and
Hour Investigative Support and Reporting Database (WHISARD).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office (NO), Regional Offices (RO), and
District Offices (DO); see the Appendix of this document for addresses.
[[Page 16886]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Wage and Hour Investigators.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing name and address, case investigation number,
investigation program, investigating office, prior history of
investigations, and investigating officer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
To provide Wage and Hour DOs with a record of employers currently
undergoing investigation by Wage and Hour within the jurisdiction of
that particular DO. Used to record the initial scheduling of an
investigation, assignment to an Investigator and subsequent actions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained in the DOL NO in electronic file Database.
RETRIEVABILITY:
By name of employer, by North American Industrial Code (NAIC) and/
or Employer Identification Number (EIN).
SAFEGUARDS:
Only authorized personnel have access to files. Files locked in
office at close of business day. Electronic file protected by password.
RETENTION AND DISPOSAL:
Printed investigation forms generated by the WHISARD system will be
retained in the investigative files of Wage and Hour District Offices
(see Records Disposal Schedule #NN-168-43, items 1a and 1b.) Database
information will be captured on tape at the end of each fiscal year and
will be retained for 25 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Room S-3502, Frances Perkins
Building, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Individuals wishing to make inquiries regarding this system should
contact the system manager, or the regional office servicing the state
where they are employed (see list of the regional office addresses in
the Appendix of this document).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to these records should
contact the appropriate office listed in the Appendix.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or amend any nonexempt records
should direct their request to the disclosure officer listed in the
Appendix. In addition, the request should state clearly and concisely
what information is being contested, the reason for contesting it, and
the proposed amendment sought for the information.
RECORD SOURCE CATEGORIES:
Complainants, employers, and Wage and Hour personnel.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a provided however, that if any individual is denied any
right, privilege, or benefit that he or she would otherwise be entitled
to by Federal law, or for which he or she would otherwise be eligible,
as a result of the maintenance of these records, such material shall be
provided to the 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.
DOL/ESA-43
SYSTEM NAME:
Office of Workers' Compensation Programs, Federal Employees'
Compensation Act and Longshore and Harbor Workers' Compensation Act
Rehabilitation Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Rehabilitation files are located in the Federal Employees'
Compensation (FEC) and Longshore and Harbor Workers' Compensation
(Longshore) District Offices where the OWCP case file is located. See
the Appendix to this document for District Office addresses. Copies of
claim forms and other documents arising out of a job-related injury
that resulted in the filing of a claim under the FECA may also be
maintained by the employing agency (and where the forms were
transmitted to the OWCP electronically, the original forms are
maintained by the agency).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The rehabilitation records cover either individuals covered by the
Federal Employees' Compensation Act (FECA) for injuries on the job, or
individuals covered by the Longshore and Harbor Workers' Compensation
Act (LHWCA), and related acts. See DOL/GOVT-1 for further explanation
of employees covered by the FECA, and DOL/ESA-15 for those covered by
the LHWCA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records found in the FECA or Longshore case file (see DOL/GOVT-1
and DOL/ESA-15), notes on telephone calls and interviews with
rehabilitation counselors, claimants, potential employers, physicians
and others who have been contacted as part of the rehabilitation
process, notes created by the rehabilitation specialist and the
rehabilitation counselor concerning the rehabilitation process relating
to the claimant proposed and/or approved rehabilitation plans, and
reports submitted in connection with the plans. These records also
contain information about covered employees' entitlement to wage-loss
compensation benefits and entitlement to medical benefits and
treatment, and contain information about medical and vocational
testing, rehabilitation plans and the documentation supporting such
plans. The records may also include other information relating to the
vocational rehabilitation process under the relevant statute.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8101 et seq.; 33 U.S.C. 901, et seq.; 36 DC Code 501 et
seq.; 42 U.S.C. 1331 et seq.; 5 U.S.C. 8171 et seq.
PURPOSE(S):
These records are maintained to provide information and
verification about the covered employees' work-related injuries and the
vocational rehabilitation process.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory
[[Page 16887]]
Statement to this document, disclosure of information from this system
of records may be made to the following individuals and entities for
the purposes noted when the purpose of the disclosure is compatible
with the purpose for which the information is collected:
a. Rehabilitation agencies, counselors, screeners, physicians and
medical providers, and other persons or entities, for the purpose of
providing rehabilitation services to injured workers under the FECA or
LHWCA.
b. The worker's former employer or its representatives, including
third-party administrators, and where appropriate the employer's
insurance carrier, for the purpose of paying compensation benefits,
including medical expenses, and the cost of the rehabilitation services
provided to the injured worker.
c. Employers, including federal agencies, which may consider
returning the worker to employment, or to hiring such worker as a
result of the return-to-work effort conducted by OWCP during the
rehabilitation process.
d. Labor unions and other voluntary employee associations from whom
the claimant has requested assistance with claims processing and
adjudication and other services.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Note: Pursuant to 5 U.S.C. 552a(b)(1), information from this
system of records is disclosed to members and staff of the Benefits
Review Board, the Employees' Compensation Appeals Board, the Office
of Administrative Law Judges, the Office of the Solicitor and other
components of the Department who have a need for the record in the
performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case files are maintained in manual files, security case files in
locked cabinets, and FECA or LHWCA management information system
information, chargeback file and other automated data are stored on
computer discs or magnetic tapes which are stored in cabinets.
RETRIEVABILITY:
Files and automated data are retrieved after identification by
coded file number, which is cross-referenced to employee by name.
SAFEGUARDS:
Files and automated data are maintained under supervision of OWCP
personnel during normal working hours--only authorized personnel may
handle or disclose any information contained therein. Only personnel
having security clearance may handle or process security files. After
normal working hours, security files are kept in locked cabinets. All
files and data are maintained in guarded Federal buildings.
RETENTION AND DISPOSAL:
All rehabilitation files are merged with the FECA or Longshore case
file (see DOL/GOVT-1 or DOL/ESA-15) at the conclusion of the
rehabilitation effort and are retained consistent with the retention
schedule for the case files.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Planning, Policy and Standards, Office of
Workers' Compensation Programs, U.S. Department of Labor, 200
Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
An individual wishing to inquire whether this system of records
contains information about him or her may write or telephone the OWCP
District Office which services the State in which the individual
resided or worked at the time the individual thinks he or she filed a
claim, or the system manager. In order for a record to be located, the
individual must provide his or her full name, FEC or LHWCA case number
(if known), date of injury (if known), and date of birth.
RECORD ACCESS PROCEDURE:
Individuals wishing to request access to records should contact the
appropriate office listed in the Notification Procedure section, or the
system manager. Individuals must furnish their name, the claim number
and signature.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of any records should
contact the appropriate office listed in the Notification Procedure
section, or the system manager. Individuals must furnish their name,
the claim number and signature. Any individual requesting amendment of
records must comply with the Department's Privacy Act regulations at 29
CFR 71.1 and 71.9.
RECORD SOURCE CATEGORIES:
Claimants, claim forms, medical reports, correspondence,
investigative reports, employment reports; Federal and state agency
records, any other record or document pertaining to a claimant or his
dependent as it relates to the claimant's age, education, work history,
marital history or medical condition; notes on telephone conversations
conducted by the rehabilitation specialist or counselor with employers,
medical providers and others.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-44
SYSTEM NAME:
Office of Workers' Compensation Programs, Federal Employees'
Compensation Act (FEC) and Longshore and Harbor Workers' Compensation
Act Rehabilitation Counselor Case Assignment, Contract Management and
Performance Files and FEC Field Nurses.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Files concerning rehabilitation counselors are located in the
Federal Employees' Compensation (FEC) and Longshore and Harbor Workers'
Compensation (Longshore) District Offices where the counselor is
certified. Files for FEC field nurses are found in FEC district
offices. See the Appendix to this document for District Office
addresses. Copies of claim forms and other documents arising out of a
job-related injury that resulted in the filing of a claim under the
FECA may also be maintained by the employing agency (and where the
forms were transmitted to the OWCP electronically, the original forms
are maintained by the agency).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The rehabilitation counselor/nurse files cover individuals who have
entered into a contract with the Office of Workers' Compensation
Programs to provide rehabilitation counselor or nursing services under
the Federal Employees' Compensation Act (FECA) and/or the Longshore and
Harbor Workers' Compensation Act (LHWCA).
[[Page 16888]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Names, addresses and information on qualifications of
rehabilitation counselors/nurses certified by and under contract with
OWCP to provide rehabilitation services to injured workers under the
FECA and LHWCA or field nurse services under FECA. In addition there
are records compiled and maintained by the rehabilitation specialist or
the OWCP staff nurse, concerning the assignment of rehabilitation/field
nurse cases to the counselor/nurse and the performance of the
counselor/nurse in fulfilling the duties under the contract with OWCP.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
These records are maintained to provide information about the
rehabilitation counselor or field nurse, including the name, address,
telephone number, counselor/nurse status, skill codes, number of
referrals, status of referrals and notes. These notes can include
evaluation of performance and other matters concerning performance of
the contract.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
Note: Pursuant to 5 U.S.C. 552a(b)(1), information from this
system of records may be disclosed to members and staff of the
Benefits Review Board, the Employees' Compensation Appeals Board,
the Office of Administrative Law Judges, the Office of the Solicitor
and other components of the Department who have a need for the
record in the performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in electronic form within the OWCP
rehabilitation data system, or staff nurse monitoring system and in
hard copy records maintained in the OWCP district office. Records are
principally stored by district office in electronic form, accessed by
appropriate codes. Hard copy records may be maintained in the district
office in locked cabinets.
RETRIEVABILITY:
Files and automated data are retrieved by the name of the
counselor/nurse through the database and/or files maintained in the
appropriate OWCP district office.
SAFEGUARDS:
Files and automated data are maintained under supervision of OWCP
personnel during normal working hours--only authorized personnel may
handle or disclose any information contained therein. Only personnel
having appropriate authorization, including security codes, may access
the electronic files and only the rehabilitation specialists or staff
nurses who monitor contract performance and actions in individual
claims, as well as the appropriate supervisors and managers in the
district office and the national office, may access the files.
RETENTION AND DISPOSAL:
All case files and automated data pertaining to the OWCP
rehabilitation counselors/nurses are maintained for two years following
the termination of the contract.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Planning, Policy and Standards, Office of
Workers' Compensation Programs, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
An individual wishing to inquire whether this system of records
contains information about him or her may write or telephone the
appropriate OWCP District Office for the geographic region for which
that individual contracted to provide services. In order for a record
to be located, the individual must provide his or her full name and
date of birth.
RECORD ACCESS PROCEDURE:
Individuals wishing to request access to records should contact the
appropriate office listed in the Notification Procedure section, or the
system manager. Individuals must furnish their name, the claim number
and signature.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of any records should
contact the appropriate office listed in the Notification Procedure
section, or the system manager.
RECORD SOURCE CATEGORIES:
Rehabilitation Counselors, Field Nurses, Other Individuals,
correspondence, investigative reports, Federal and state agency
records, any other record or document pertaining to a contract.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-45
SYSTEM NAME:
Investigative Files of the Office of Labor-Management Standards.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The field offices of the Office of Labor-Management Standards.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Union officials and other individuals investigated or interviewed
in connection with investigations carried out pursuant to the Labor-
Management Reporting and Disclosure Act, 29 U.S.C. 401 et. seq.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records compiled in connection with investigations conducted under
the Labor-Management Reporting and Disclosure Act of 1959, as amended
(LMRDA), and under the standards of conduct provisions of the Civil
Service Reform Act of 1978 (CSRA) and Foreign Service Act of 1980
(FSA), and the Congressional Accountability Act of 1995 (CAA) and the
implementing regulations at 29 CFR part 458.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 401 et seq., 5 U.S.C. 7120, 22 U.S.C. 4117, 2 U.S.C. 1351
(a)(1), 29 CFR part 458.
PURPOSE(S):
Records are compiled in connection with enforcement of the LMRDA
and the standards of conduct provisions of the CSRA and FSA and CAA and
the implementing regulations at 29 CFR part 458.
ROUTINE USE OF RECORDS MAINTAINED IN THE SYSTEMS, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records may be disclosed to interested persons or officials as
provided for in section 601(a) of the Labor-Management Reporting and
Disclosure Act, 29 U.S.C. 521(a). See
[[Page 16889]]
also, routine uses listed in the General Prefatory Statement to this
document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Manual files and manual and computer indices.
RETRIEVABILITY:
By name of union, union officials, individuals investigated,
business organizations, labor relations consultants, and other
individuals and organizations deemed significant.
SAFEGUARDS:
These records are normally maintained in secured file cabinets with
access strictly limited to only those employees of the agency who need
such information as part of their official duties. A charge-out system
is employed to restrict and monitor withdrawal of records from the
files.
RETENTION AND DISPOSAL:
Records pertaining to open investigations are retained in the OLMS
field offices. Closed files are retained in field offices for two years
after which they are retired to Federal Records Centers. FRC will
destroy files after eight calendar years of storage (ten years after
closure of case).
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Assistant Secretary for Labor-Management Programs, U.S.
Department of Labor, 200 Constitution Avenue, NW, Washington, D.C.
20210.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire whether this system of records
contains information about them should contact the systems manager.
Individuals must furnish the following information for their records to
be located and identified: Name, date of birth, union or business
affiliation.
RECORDS ACCESS PROCEDURE:
Individuals wishing to request access to records pertaining to them
should contact the systems manager. Individuals must furnish the
following information for their records to be located or identified:
Name, date of birth, and union or business affiliation.
CONTESTING RECORD PROCEDURE
Individuals wishing to contest information in their files may write
to the system manager at the specified address above, reasonably
identify the records pertaining to them, the information which is being
contested in those records, the corrective action(s) being sought, and
the reasons for the corrections(s).
RECORD SOURCE CATEGORIES:
Labor unions, union members, union officials and employees,
employers, labor relations consultants, and other individuals.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
To the extent this system of records is maintained for criminal law
enforcement purposes, it is exempt pursuant to 5 U.S.C. 552a (j)(2)
from all provisions of the Privacy Act except the following: 5 U.S.C.
552a (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), and
(11), and (i). In accordance with 5 U.S.C. 552a(k)(2), investigatory
material in this system of records compiled for civil law enforcement
purposes is exempt for subsections (c)(3); (d); (e)(1), (e)(4)(G), (H),
and (I); and (f) of 5 U.S.C. 552a, provided however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individuals, 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. Exemption under
5 U.S.C. 552a(j)(2) and (k)(2) of information within this system of
records is necessary to undertake the investigative and enforcement
responsibilities of OLMS, to prevent individuals from frustrating the
investigatory process, to prevent subjects of investigation from
escaping prosecution or avoiding civil enforcement, to prevent
disclosure of investigative techniques, to protect the confidentiality
of witnesses and informants, and to protect the safety and well-being
of witnesses, informants, and law enforcement personnel, and their
families.
DOL/ESA-46
SYSTEM NAME:
Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
Ineligible Farm Labor Contractors.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Wage and Hour National Office.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons whose Farm Labor Contractor or Farm Labor Contractor
Employee Certificate of Registration has been revoked or whose
application for such certificate has been denied and such action has
become a final and unappealable Order of the Secretary of Labor.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing the names and addresses of persons whose
certificates of registration have been revoked or whose application for
a certificate of registration have been denied.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Migrant and Seasonal Agricultural Worker Protection Act, as amended
(MSPA), 29 U.S.C. 1801 et seq.
PURPOSES:
To provide a written listing of individuals who may not legally
engage in any activity as a farm labor contractor or farm labor
contractor employee.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
This listing is mailed upon request to the General Public.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in all Wage and Hour Regional Offices, some Wage
and Hour District Offices and the Wage and Hour National Office.
RETRIEVABILITY:
Records are retrieved by name.
SAFEGUARDS:
Records are maintained under the supervision of Wage and Hour
personnel.
RETENTION AND DISPOSAL:
Record is updated and replaced on a monthly basis. These records
are destroyed after they have been replaced and are no longer needed.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, 200 Constitution Avenue, NW,
[[Page 16890]]
Washington, DC 20210, and Regional Administrator for Wage and Hour of
relevant Regional Offices.
NOTIFICATION PROCEDURE:
Write to Administrator, Wage and Hour Division, 200 Constitution
Avenue, NW, Washington, DC 20210, or appropriate Regional Administrator
for Wage and Hour.
RECORD ACCESS PROCEDURES:
Write to Administrator, Wage and Hour Division, 200 Constitution
Avenue, NW, Washington, DC 20210, or to the appropriate Regional
Administrator for Wage and Hour.
CONTESTING RECORD PROCEDURES:
Write to Administrator, Wage and Hour Division, 200 Constitution
Avenue, NW, Washington, DC 20210, or to the appropriate Regional
Administrator for Wage and Hour. Such inquiries should include the full
name of the requester.
RECORD SOURCE CATEGORIES:
The sources for records in the system include information furnished
by the applicant.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-47
SYSTEM NAME:
Youth Peddler Bulletin Board.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
All Wage and Hour Division's Regional and District Offices and the
National Office.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Employers, crew chiefs who recruit minors for door-to-door sales,
and/or drivers who transport minors to sell candy or other goods.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing the names and addresses of companies and/or
individuals subject to state or Federal child labor laws. Information
on the location and scope of any current or prior investigations;
information concerning criminal investigations--including subpoenas,
injunctions or agreements involving crew chiefs or drivers of youth
peddlers; synopses of recruiting advertisements, or itineraries of
activities; information concerning products being sold and location of
manufacturers and/or warehouses used to store these materials;
registration of vehicles used to transport youth crews; and State and
local licenses.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 201 et seq.; and 5 U.S.C. 301.
PURPOSE(S):
To assemble into one system, information concerning the
investigative histories of crew chiefs/drivers who may have recruited/
transported minor-workers for the purpose of selling materials door-to-
door that may result in a violation of Federal or State child labor
laws.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
Pertinent information may be disclosed to the appropriate Federal,
State, or local agency for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, in connection with
a potential or actual child labor violation.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored manually and on computer media in all Wage and
Hour Regional and District offices, and the Wage and Hour National
Office.
RETRIEVABILITY:
Records are retrieved by the names of door-to-door sales crew
chiefs and drivers and/or employers.
SAFEGUARDS:
These records are kept manually and electronically and may only be
accessed by entering a password that will be provided to persons
engaged in the administration of the program.
RETENTION AND DISPOSAL:
The electronic records will be transferred to the master data base
(CD/disc) file after one year. The textual records (which include
printouts, correspondence, fax copies, and reports) will be maintained
for two years. Both the electronic and textual records will be
destroyed when they are no longer needed for program purposes.
SYSTEM MANAGER(S) AND ADDRESS:
Child Labor and Special Employment Team Leader, Wage and Hour
Division, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Write to the Child Labor and Special Employment Team Leader, Wage
and Hour Division, 200 Constitution Avenue, NW, Washington, DC 20210,
and Regional Administrators for Wage and Hour of relevant Regional and
District Offices. Such inquiries should include the full name of the
requestor and/or the legal name of the company.
RECORDS ACCESS PROCEDURE:
Write to the Child Labor and Special Employment Team Leader, Wage
and Hour Division, 200 Constitution Avenue, NW, Washington, DC 20210,
or appropriate Regional Administrator for Wage and Hour. Such inquiries
should include the full name of the requestor and/or the legal name of
the company.
CONTESTING RECORD PROCEDURES:
Write to the Child Labor and Special Employment Team Leader, Wage
and Hour Division, 200 Constitution Avenue, NW, Washington, DC 20210,
and Regional Administrator for Wage and Hour of relevant Regional and
District Offices. Such inquiries should include the full name of the
requestor and/or the legal name of the company.
RECORD SOURCE CATEGORIES:
Crew chiefs/drivers, employees, court and police records, and
records of investigations conducted by the U.S. Department of Labor and
the State Departments of Labor and any subsequent legal documents
created following such investigations.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
[[Page 16891]]
DOL/ESA-48
SYSTEM NAME:
``Customer Service component'' of the Wage Hour Investigative
Support and Reporting Database (WHISARD).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wage and Hour National Office (NO), Regional Offices (RO) and
District Offices (DO), see The Appendix of this document for addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons who contact the Wage and Hour Division for technical
assistance or to file a complaint.
CATEGORIES OF RECORDS IN THE SYSTEM:
``Browse Customer List'' records containing last name, first name,
phone number, address, city, complaint status, case identification
number, WH employee name, and contact priority.
``Employee Contact Information'' records containing home address,
phone numbers, fax number, e-mail address and certain information about
the individual's complaint.
``Employee Work Information'' records containing certain employment
and payroll information about the individual's complaint.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 29 U.S.C. 201 et seq.
PURPOSE(S):
To provide Wage and Hour NO, ROS and DOs with an index of
individuals who contact the Wage and Hour Division. This information
may be used to provide assistance or facilitate the processing of a
complaint.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to the routine uses listed in the General Prefatory
Statement to this document, relevant information may be provided to
other government agencies for law enforcement purposes.
DISCLOSURE OF CONSUMER REPORT AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained in an electronic file Database in the DOL National
Office.
RETRIEVABILITY:
By name of the individual.
SAFEGUARDS:
Only authorized personnel have access by use of passwords to this
on-line transactional system and its database.
RETENTION AND DISPOSAL:
Printed investigation forms generated by the WHISARD system will be
retained in the investigative files of Wage and Hour District Offices
(see Records Disposal Schedule #NN-168-43, items 1a and 1b which
provides as follows: Printed information, concerning cases where
violations were found, is disposed of 12 years after the date the case
is closed. For cases where no violation were found, printed information
is disposed of three years after the closing date. Database information
will be captured on tape at the end of each fiscal year and retained
for 25 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Wage and Hour Division, Room S-3502, Frances Perkins
Building, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Individuals wishing to make inquiries regarding this system should
contact the system manager, or the regional office servicing the state
where they are employed (see list of the regional office addresses in
the Appendix of this document).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to these records should
contact the appropriate office listed in the Appendix.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or amend any records should direct
their request to the appropriate system manager. In addition, the
request should state clearly and concisely what information is being
contested, the reason for contesting it, and the proposed amendment
sought for the information.
RECORD SOURCE CATEGORIES:
Complainants, employers, and Wage and Hour personnel.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ESA-49
SYSTEM NAME:
Office of Workers' Compensation Programs, Energy Employees
Occupational Illness Compensation Program Act File.
SECURITY CLASSIFICATION:
Most files and data are unclassified. Files and data in certain
cases have Top Secret classification, but the rules concerning their
maintenance and disclosure are determined by the agency that has given
the information the security classification of Top Secret.
SYSTEM LOCATION:
U.S. Department of Labor, Employment Standards Administration,
Office of Workers' Compensation Programs, Frances Perkins Building, 200
Constitution Ave., NW, Washington, DC 20210, and district offices
located throughout the United States.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals or their survivors who claim benefits under the Energy
Employees Occupational Illness Compensation Program Act (EEOICPA).
These individuals include, but are not limited to, federal employees or
survivors of federal employees; employees or survivors of employees of
the Department of Energy, its predecessor agencies, and their
contractors and subcontractors; and members of the armed forces.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system may contain the following kinds of records: Claim forms
filed by or on behalf of injured individuals or their survivors seeking
benefits under the EEOICPA; reports by the employee and/or the U.S.
Department of Energy; employment records; exposure records; safety
records or other incident reports; dose reconstruction records;
workers' or family members contemporaneous diaries, journals, or other
notes; forms authorizing medical care and treatment; other medical
records and reports; bills and other payment records; compensation
payment records; formal orders for or against the payment of benefits;
transcripts of hearings conducted; and any other medical, employment,
or personal information submitted or gathered in connection with the
claim. The system may also contain information relating to dates of
birth, marriage, divorce, and death; notes of telephone conversations
conducted in connection with the claim; information relating to
vocational and/or medical rehabilitation plans and progress reports;
records relating to court proceedings, insurance, banking and
employment; articles from newspapers and other publications;
information relating to other benefits (financial and otherwise) the
claimant may be entitled to, including previously
[[Page 16892]]
filed claims; and information received from various investigative
agencies concerning possible violations of Federal civil or criminal
law.
The system may also contain consumer credit reports on individuals
indebted to the United States, information relating to the debtor's
assets, liabilities, income and expenses, personal financial
statements, correspondence to and from the debtor, information relating
to the location of the debtor, and other records and reports relating
to the implementation of the Federal Claims Collection Act (as
amended), including investigative reports or administrative review
matters. Individual records listed here are included in a claim file
only insofar as they may be pertinent or applicable to the individual
claiming benefits.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Energy Employees Occupational Illness Compensation Program Act,
Title XXXVI of Pub. L. 106-398, October 30, 2000, 114 Stat. 1654.
PURPOSE(S):
To maintain records on individuals who file claims under the Energy
Employees Occupational Illness Compensation Program Act, which
establishes a program for compensating certain individuals for covered
illnesses related to exposure to beryllium, cancers related to exposure
to radiation, and chronic silicosis. These records provide information
and verification about individual claimants' covered illnesses on which
may be based any entitlement to medical treatment, compensation and
survivors' benefits, under the EEOICPA and certain other statutes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those Department-wide routine uses set forth above
in the General Prefatory Statement to this document, disclosure of
information from this system of records may be made to the following
individuals and entities for the purposes noted when the purpose of the
disclosure is both relevant and necessary and is compatible with the
purpose for which the information was collected:
a. To any attorney or other representative of an EEOICPA
beneficiary for the purpose of assisting in a claim or litigation
against a third party or parties potentially liable to pay damages as a
result of the beneficiary's compensable condition, and for the purpose
of administering the provisions of sections 3641-3642 of the EEOICPA.
Any such third party, or a representative acting on that third party's
behalf, may be provided information or documents concerning the
existence of a record and the amount and nature of compensation paid to
or on behalf of the beneficiary for the purpose of assisting in the
resolution of the claim or litigation against that party or
administering the provisions of sections 3641-3642 of the EEOICPA.
b. To the Department of Energy, its contractors and subcontractors,
and federal agencies that employed the employee at the time of the
alleged exposure of the employee, and to other entities that may
possess relevant information, to assist in administering the EEOICPA,
to answer questions about the status of the claim, to consider other
actions the agency may be required to take with regard to the claim, or
to permit the agency to evaluate its safety and health program.
Disclosure to federal agencies, including the Department of Justice,
may be made where OWCP determines that such disclosure is relevant and
necessary for the purpose of providing assistance in regard to
asserting a defense based upon the EEOICPA's exclusive remedy provision
to an administrative claim or to litigation filed under the Federal
Tort Claims Act.
c. To the personnel, contractors, grantees, and cooperative
agreement holders of the Department of Energy, the Department of Health
and Human Services, the Department of Justice, and other federal
agencies designated by the President to implement the federal
compensation program established by the EEOICPA, for the purpose of
assisting in the adjudication or processing of a claim under that Act.
d. To physicians, pharmacies, and other health care providers for
their use in treating the claimant, in conducting an examination or
preparing an evaluation on behalf of OWCP and for other purposes
relating to the medical management of the claim, including evaluation
of and payment for charges for medical and related services and
supplies.
e. To medical insurance or health and welfare plans (or their
designees) that cover the claimant in instances where OWCP had paid for
treatment of a medical condition that is not compensable under the
EEOICPA, or where a medical insurance plan or health and welfare plan
has paid for treatment of a medical condition that may be compensable
under the EEOICPA, for the purpose of resolving the appropriate source
of payment in such circumstances.
f. To a federal, state or local agency for the purpose of obtaining
information relevant to a determination concerning initial or
continuing eligibility for EEOICPA benefits, and for a determination
concerning whether benefits have been or are being properly paid,
including whether dual benefits that are prohibited under any
applicable federal or state statute are being paid; and for the purpose
of utilizing salary offset and debt collection procedures, including
those actions required by the Debt Collection Act of 1982, to collect
debts arising as a result of overpayments of EEOICPA compensation and
debts otherwise related to the payment of EEOICPA benefits.
g. To the Internal Revenue Service (IRS) for the purpose of
obtaining taxpayer mailing addresses for the purposes of locating a
taxpayer to collect, compromise, or write-off a federal claim against
such taxpayer; and informing the IRS of the discharge of a debt owed by
an individual. Records from this system of records may be disclosed to
the IRS for the purpose of offsetting a federal claim from any income
tax refund that may be due to the debtor.
h. Where an investigation, settlement of claims, or the preparation
and conduct of litigation is undertaken, a record may be disclosed to
(1) a person representing the United States or the Department of Labor
in the investigation, settlement or litigation, and to individuals
assisting in such representation; (2) others involved in the
investigation, settlement, and litigation, and their representatives
and assistants; and (3) a witness, potential witness, or their
representatives and assistants, and to any other person who possesses
information pertaining to the matter, when such disclosure is necessary
for the conduct of the investigation, settlement, or litigation, or is
necessary to obtain information or testimony relevant to the matter.
i. To the Defense Manpower Data Center--Department of Defense and
the United States Postal Service to conduct computer matching programs
for the purpose of identifying and locating individuals who are
receiving Federal salaries or benefit payments and are delinquent in
their repayment of debts owed to the United States under programs
administered by the DOL in order to collect the debts under the
provisions of the Debt Collection Act of 1982 (Pub. L. 97-365) by
voluntary repayment, or by salary or administrative offset procedures.
j. To a credit bureau for the purpose of obtaining consumer credit
reports identifying the assets, liabilities,
[[Page 16893]]
expenses, and income of a debtor in order to ascertain the debtor's
ability to repay a debt incurred under the FECA, to collect the debt,
or to establish a payment schedule.
k. The amount, status and history of overdue debts, the name and
address, taxpayer identification (SSN), and other information necessary
to establish the identity of a debtor, the agency and program under
which the claim arose, may be disclosed pursuant to 5 U.S.C.
552a(b)(12) to consumer reporting agencies as defined by section 603(f)
of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance
with section 3(d)(4)(A)(ii) of the Federal Claims Collection Act of
1966 as amended (31 U.S.C. 3711(f)) for the purpose of encouraging the
repayment of an overdue debt.
l. To individuals, and their attorneys and other representatives,
and government agencies, seeking to enforce a legal obligation on
behalf of such individual or agency, to pay alimony and/or child
support for the purpose of enforcing such an obligation, pursuant to an
order of a state or local court of competent jurisdiction, including
Indian tribal courts, within any State, territory or possession of the
United States, or the District of Columbia or to an order of a State
agency authorized to issue income withholding notices pursuant to State
or local law or pursuant to the requirements of section 666(b) of title
42, United States Code, or for the purpose of denying the existence of
funds subject to such legal obligation.
m. To the spouse, children, parents, grandchildren, or grandparents
of deceased employees who may be covered under the EEOICPA to enable
them to determine their eligibility for benefits under the EEOICPA, and
to inform them of decisions regarding benefit eligibility, so that they
have the opportunity to take action to protect any rights they may have
as potentially eligible beneficiaries.
Note: Disclosure of information contained in this system of
records to the subject of the record, a person who is duly
authorized to act on his or her behalf, or to others to whom
disclosure is authorized by these routine uses, may be made over the
telephone or by electronic means. Disclosure over the telephone or
by electronic means will only be done where the requestor provides
appropriate identifying information. Telephonic or electronic
disclosure of information is essential to permit efficient
administration and adjudication of claims under the EEOICPA.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The amount, status and history of overdue debts, the name and
address, taxpayer identification (SSAN), and other information
necessary to establish the identity of a debtor, the agency and program
under which the claim arose, may be disclosed pursuant to 5 U.S.C.
552a(b)(12) to consumer reporting agencies as defined by section 603(f)
of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance
with section 3(d)(4)(A)(ii) of the Federal Claims Collection Act of
1966 as amended (31 U.S.C. 3711(f)) for the purpose of encouraging the
repayment of an overdue debt.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper case files are maintained in filing cabinets. Automated data,
including case files that have been transformed into electronic form,
are stored in computer discs or magnetic tapes, which are stored in
cabinets. Microfiche is stored in cabinets.
RETRIEVABILITY:
Files and automated data are retrieved after identification by
coded file number and/or Social Security Number which is cross-
referenced to employee by name, employer and/or contractor, and date
and nature of injury.
SAFEGUARDS:
Files and automated data are maintained under supervision of OWCP
personnel during normal working hours--only authorized personnel, with
the appropriate password, may handle, retrieve, or disclose any
information contained therein. Access to electronic records is
controlled by password or other user identification code.
RETENTION AND DISPOSAL:
All case files and automated data pertaining to a claim are
destroyed 15 years after the case file has become inactive. Paper files
that have been scanned to create electronic copies are destroyed after
the copies are verified. Automated data is retained in its most current
form only, however, and as information is updated, outdated information
is deleted. Some related financial records are retained only in
electronic form, and destroyed 6 years and 3 months after creation or
receipt.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Workers' Compensation Programs, 200
Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURES:
An individual wishing to inquire whether this system of records
contains information about him/her may write or telephone the OWCP
district office that services the state in which the individual resided
or worked at the time he or she believes a claim was filed. In order
for the record to be located, the individual must provide his or her
full name, OWCP claim number (if known), date of injury (if known), and
date of birth.
RECORD ACCESS PROCEDURES:
Any individual seeking access to non-exempt information about a
case in which he/she is a party in interest may write or telephone the
OWCP district office where the case is located, or the systems manager.
CONTESTING RECORD PROCEDURES:
Any individual requesting amendment of non-exempt records should
contact the appropriate OWCP district office, or the system manager.
Individuals requesting amendment of records must comply with the
Department's Privacy Act regulations at 29 CFR 71.1 and 71.9.
RECORD SOURCE CATEGORIES:
Injured employees who are the subjects of the record, their family
members and beneficiaries; employing Federal agencies; State
governments, State agencies, and other Federal agencies; State and
Federal workers' compensation offices; physicians and other medical
professionals; hospitals; clinics; medical laboratories; suppliers of
health care products and services and their agents and representatives;
educational institutions; attorneys; Members of Congress; OWCP field
investigations; consumer credit reports; investigative reports;
correspondence with the debtor including personal financial statements;
records relating to hearings on the debt; and other DOL systems of
records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigative material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f)
of 5 U.S.C. 552a, provided, however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the individual, except to the extent that
the disclosure of the material would reveal the identity of a source
who furnished information to the Government under an
[[Page 16894]]
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.
DOL/ESA-50
SYSTEM NAME:
Office of Workers' Compensation Programs, Physicians and Health
Care Providers Excluded under the Energy Employees Occupational Illness
Compensation Program Act.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
U.S. Department of Labor, Employment Standards Administration,
Office of Workers' Compensation Programs, Frances Perkins Building, 200
Constitution Ave., NW, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Providers of medical goods and services, including physicians,
hospitals, and providers of medical support services or supplies
excluded or considered for exclusion from payment under the Energy
Employees Occupational Illness Compensation Program Act for fraud or
abuse (20 CFR 30.715-30.726, or as updated).
CATEGORIES OF RECORDS IN THE SYSTEM:
Copies of letters, lists and documents from Federal and state
agencies concerning the administrative debarment of providers from
participation in programs providing benefits similar to those of the
Energy Employees Occupational Illness Compensation Program Act and
their reinstatement; materials concerning possible fraud or abuse which
could lead to exclusion of a provider; documents relative to
reinstatement of providers, materials concerning the conviction of
providers for fraudulent activities in connection with any Federal or
state program for which payments are made to providers for similar
medical services; all letters, memoranda, and other documents regarding
the consideration of a provider's exclusion, the actual exclusion, or
reinstatement under the provisions of 20 CFR 30.715-30.726 (or as
updated); copies of all documents in a claim file relating to medical
care and/or treatment including bills for such services, as well as
letters, memoranda, and other documents obtained during investigations,
hearings and other administrative proceedings concerning exclusion for
fraud or abuse, as well as reinstatement, along with recommendations
and decisions; lists of excluded providers released by the OWCP.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Energy Employees Occupational Illness Compensation Program Act,
Title XXXVI of Pub. L. 106-398, October 30, 2000, 114 Stat. 1654.
PURPOSE(S):
To maintain records in order to determine the propriety of
instituting debarment actions under the Energy Employees Occupational
Illness Compensation Program Act. These records also provide
information on treatment, billing and other aspects of a medical
provider's actions, and/or documentation relating to the debarment of
the medical care provider under another Federal or state program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of information from
this system of records may be made to the following individuals and
entities for the purposes noted when the purpose of the disclosure is
compatible with the purpose for which the information is collected:
a. Federal, state or local government agencies, state licensing
boards, professional organizations, claimants, patients, employers,
insurance companies, and any other entities or individuals, for the
purpose of identifying an excluded or reinstated provider, to ensure
that authorization is not issued nor payment made to an excluded
provider, and for the purpose of providing notice that a formerly
excluded provider has been reinstated.
b. Federal, state or local government agencies, state licensing
boards, professional organizations, claimants, patients, employers,
insurance companies, and any other entities or individuals, for the
purpose of obtaining information necessary to ensure that the list of
excluded providers is correct, useful, and updated, as appropriate, and
for the purpose of obtaining information relevant to a Departmental
decision regarding a debarment action. This routine use encompasses the
disclosure of such information that will enable the Department to
properly verify the identity of a provider, to identify the nature of a
violation, and the penalty imposed for such violation.
Note: Disclosure of information contained in the file to the
claimant, a person who is duly authorized to act on his/her behalf,
or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will
only be done where the requestor provides appropriate identifying
information. Telephonic disclosure of information is essential to
permit efficient administration and adjudication of claims.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PROCEDURES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THIS SYSTEM:
STORAGE:
The records are in manual files, magnetic tapes or other computer
storage media, or on computer printouts.
RETRIEVABILITY:
Material is retrieved either by the name of the provider, a case
citation, or date of release.
SAFEGUARDS:
Files and automated data are maintained under supervision of OWCP
personnel during normal working hours--only authorized personnel, with
the appropriate password, may handle, retrieve, or disclose any
information contained therein. Access to electronic records is
controlled by password or other user identification code.
RETENTION AND DISPOSAL:
File is retained in the office for three years after the debarment
action is final and then transferred to the Federal Records Center, and
destroyed thirty years after the debarment action is final. Where the
period of exclusion is defined as a set period of time, the file will
be retained two years after the period of exclusion expires (or the
individual is otherwise reinstated), then transferred to the Federal
Records Center, and destroyed thirty years after the debarment action
is final.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Workers' Compensation Programs, 200
Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
An individual wishing to inquire whether this system of records
contains information about him/her may write the system manager at the
address above. In order for the record to be located, the individual
must provide his or her full name, date of birth, and signature.
[[Page 16895]]
RECORD ACCESS PROCEDURE:
Any individual seeking access to non-exempt information about a
record within this system of records may write the system manager, and
arrangements will be made to provide review of the file. In order for
the record to be located, the individual must provide his or her full
name, date of birth, and signature.
CONTESTING RECORD PROCEDURE:
Any individual requesting amendment of non-exempt records should
contact the system manager. Individuals requesting amendment of records
must comply with the Department's Privacy Act regulations at 29 CFR
71.1 and 71.9.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from Federal, state or local
government agencies, state licensing boards, professional
organizations, claimants, patients, employers, insurance companies, any
other entities or individuals, public documents, and newspapers, as
well as from other Department of Labor systems of records.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material
compiled for law enforcement purposes which is maintained in the
investigation files of the Office of Workers' Compensation Programs, is
exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I),
and (f) of 5 U.S.C. 552a. The disclosure of information contained in
civil investigative files, including the names of persons and agencies
to whom the information has been transmitted, would substantially
compromise the effectiveness of the investigation. Knowledge of such
investigations would enable subjects to take such action as is
necessary to prevent detection of illegal activities, conceal evidence
or otherwise escape civil enforcement action. Disclosure of this
information could lead to the intimidation of, or harm to, informants
and witnesses, and their respective families, and the well being of
investigative personnel and their families.
DOL/ESA-51
SYSTEM NAME:
OLMS Public Disclosure Request Tracking System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
U.S. Department of Labor, Employment Standards Administration,
Office of Labor-Management Standards, Division of Reports, Disclosure
and Audits, U.S. Department of Labor, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who request documents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Data regarding the request for copies of annual financial reports,
information reports, and constitution and bylaws filed with the
Department of Labor by labor unions in accordance with the public
disclosure provisions of the Labor-Management Reporting and Disclosure
Act of 1959, as amended (LMRDA). Data includes individual requester's
name, title (optional), organization (optional), street address, city,
state, zip code, telephone number (optional), fax number (optional), e-
mail address (optional), user name, and password; type of request
(walk-in, telephone, mail, Internet, or fax); date of request; copying
and certification charges; name and amount on requester's check; the
name and LM Number of the labor union for which information has been
requested; and the documents requested.
AUTHORITY FOR THE MAINTENANCE OF THE SYSTEM:
29 U.S.C. 435.
PURPOSE(S):
These records are used by authorized OLMS disclosure personnel to
process requests made to the OLMS Public Disclosure Room, prepare
requests for payments, and process payments.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Computer storage.
RETRIEVABILITY:
By individual name, organization name, address, control number, or
request date.
SAFEGUARDS:
Computer system is password protected and accessible only to
personnel creating and maintaining the database.
RETENTION AND DISPOSAL:
The data is deleted after one year or when no longer needed,
whichever is later.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Reports, Disclosure and Audits, Employment
Standards Administration, Office of Labor-Management Standards, 200
Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire whether this system of records
contains information about them should contact the system manager
indicated above. Individuals must furnish their full names for their
records to be located and identified.
RECORD ACCESS PROCEDURES:
Same as notification procedure. Individuals requesting access must
also comply with U.S. Department of Labor Privacy Act regulations on
verification of identity at 29 CFR 71.2.
CONTESTING RECORD PROCEDURES:
Same as notification procedure above except individuals desiring to
contest or amend information maintained in the system should direct
their written request to the System Manager listed above, and state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information sought
pursuant to 29 CFR 71.9.
RECORD SOURCE CATEGORIES:
Individuals requesting documents from the OLMS Public Disclosure
Room, and OLMS employees processing the request.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-1
SYSTEM NAME:
Office of Apprenticeship Training, Employer and Labor Services
(OATELS), Bureau of Apprenticeship and Training, Budget and Position
Control File.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Employment and Training Administration (ETA), Office of
Apprenticeship Training, Employer and Labor Services (OATELS), Bureau
of Apprenticeship and Training (BAT), Frances Perkins Building, 200
Constitution Avenue, NW., Washington, D.C. 20210.
[[Page 16896]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Federal employees currently employed by OATELS/BAT.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal records concerning grades and salaries.
AUTHORITY FOR MAINTENANCE OF THE SYSTEMS:
5 U.S.C. 301
PURPOSE(S):
For ready access in preparing management reports as required by the
Employment and Training Administration, and controlling OATELS/BAT FTE
Ceiling (Full Time Equivalent) employment.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
None, except for those routine uses listed in the General Prefatory
Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Kardex Files.
RETRIEVABILITY:
By region, budget position number, and name of employee, on a
manual basis.
SAFEGUARDS:
Access to and use of these records are limited to those persons
whose official duties require such access.
RETENTION AND DISPOSAL:
Retained indefinitely for employment reference requests on former
employees.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Apprenticeship Training, Employer and
Labor Services (OATELS), Bureau of Apprenticeship and Training (BAT),
Employment and Training Administration, Frances Perkins Building, 200
Constitution Avenue, NW, Washington DC 20210.
NOTIFICATION PROCEDURE:
Individuals seeking information concerning the existence of records
or the contents of records on himself/herself should furnish a written
request to the Administrator, Office of Apprenticeship Training,
Employer and Labor Services (OATELS), Bureau of Apprenticeship and
Training (BAT), Employment and Training Administration, Frances Perkins
Building, 200 Constitution Avenue, NW., Washington DC 20210. The
following information is needed for the records to be located:
a. Full name
b. Date of birth
RECORD ACCESS PROCEDURES:
See Notification procedure above.
CONTESTING RECORD PROCEDURE:
See Notification procedure above.
RECORD SOURCE CATEGORIES:
Personal records, including SF-Form 50.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Not applicable.
DOL/ETA-4
SYSTEM NAME:
Apprenticeship Information Management System (AIMS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Employment and Training Administration, Office of Apprenticeship
Training, Employer and Labor Services (OATELS), Frances Perkins
Building, 200 Constitution Avenue, NW, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Apprentices/Trainees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records include the following identifying
information on apprentices/trainees: Social security number, ATR Code,
program number, State Code, DOT Code, Job Title, name, birth date, sex,
ethnic code, Veteran code, accession date, previous experience date,
expected completion date, and apprenticeship school link.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Apprenticeship Act, also referred to as the Fitzgerald
Act, 29 U.S.C. 50.
PURPOSE(S):
Records of individual apprentice/trainee and apprenticeship/trainee
program sponsors are used for the operation and management of the
apprenticeship system of training.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Statistical records may be disclosed to SOICC (State Occupational
Information Coordinating Committee) as basis for skill needs
projection; to AFL-CIO, Joint Apprenticeship Committees and Nonjoint
Apprenticeship Committees, and other apprenticeship sponsors to
determine an assessment of skill needs and provide program information;
to provide program information for State Apprenticeship Agencies(SACs)
and other State/Federal agencies concerned with apprenticeship/training
needs; to community organizations such as the Urban League, and the
Opportunities Industrialization Centers, to utilize apprenticeship
information in planning.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Direct Access Storage Devices (DASD); manual files. Magnetic tape
is used for archived information.
RETRIEVABILITY:
Records are retrieved by the social security number of the
apprentice/trainee by program type.
SAFEGUARDS:
Two levels of individual passwords for entry to the system. Locked
computer room. Manual system: Locked file cabinet. During work hours,
records are accessible only to authorized personnel.
RETENTION AND DISPOSAL:
Retain for five years and then destroy. Inactive programs are
stored on magnetic tape and archived from online AMS file. Inactive and
completed apprentices are maintained on tape indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Apprenticeship Training, Employer and
Labor Services (OATELS), Bureau of Apprenticeship and Training,
Employment and Training Administration, Frances Perkins Building, 200
Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Individuals seeking information concerning the existence of
apprenticeship records or the contents of records on himself/herself
should furnish a written request to the Administrator, Office of
Apprenticeship Training, Employer and Labor Services (OATELS), Bureau
of Apprenticeship and Training (BAT), Employment and Training
Administration, Frances Perkins Building, 200 Constitution
[[Page 16897]]
Avenue, NW, Washington, DC 20210. The following information is needed
for records to be located:
a. Full Name
b. Date of Birth
RECORD ACCESS PROCEDURES:
Individuals can request access to any record pertaining to himself/
herself by mailing a request to the Administrator listed above under
``Notification Procedure.''
CONTESTING RECORD PROCEDURE:
Individuals desiring to contest or amend information maintained in
this system should direct their written request to the Administrator
listed in ``Notification Procedure'' above. The request to amend should
state clearly and concisely what information is being contested, the
reasons for contesting, and the proposed amendment to the information
sought.
RECORD SOURCE CATEGORIES:
Apprentice/trainee and also Program Sponsor.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-7
SYSTEM NAME:
Employer Application and Attestation File for Permanent and
Temporary Alien Workers.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
ETA, Office of Workforce Security (OWS), Division of Foreign Labor
Certifications, Frances Perkins Building, 200 Constitution Avenue, NW,
Washington, DC 20210; ETA Regional Offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Employers who file labor certification applications, labor
condition applications, or labor attestations to employ one or more
alien workers on a permanent or temporary basis. The alien may be known
or unknown.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employers' names, addresses, type and size of businesses,
production data, number of workers needed in certain cases, offer of
employment terms to known or unknown aliens, and background and
qualifications of certain aliens, along with resumes and applications
of U.S. workers.
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 Pub. L. 101-649. 8 CFR 214.2(h).
PURPOSE(S):
To maintain a record of applicants and actions taken by ETA on
requests to employ alien workers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Case files developed in processing labor certification
applications, labor condition applications, or labor attestations, are
released to the employers which filed such applications, their
representatives, and to named alien beneficiaries or their
representatives, if requested, to review ETA actions in connection with
appeals of denials before the Office of Administrative Law Judges and
Federal Courts; to participating agencies such as the DOL Office of
Inspector General, Employment Standards Administration, INS, and
Department of State in connection with administering and enforcing
related immigration laws and regulations; and to the Office of
Administrative Law Judges and Federal Courts in connection with appeals
of denials of labor certification requests, labor condition
applications, and labor attestations.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
Manual and/or computerized files are stored in the national office,
and each of the ETA Regional Offices.
RETRIEVABILITY:
Records are maintained on all applications for alien employment
certification labor condition applications, and labor attestations
filed by case number and employer names. Partial data elements from
each case file are stored on the computer and may be accessed by
employer or in certain cases, by the named alien beneficiary.
SAFEGUARDS:
Access to records provided only to authorized personnel. The
computerized data has a double security access: (1) Initial password
entry to the local area network; and (2) restricted access to alien
certification data is given only to those employees with a need to know
the data in performing their official duties.
RETENTION AND DISPOSAL:
Generally retain case file in office for two years, then transfer
to a records center for destruction after three additional years.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Foreign Labor Certifications, U.S. Office of
Workforce Security, ETA, 200 Constitution Avenue, NW, Washington, DC
20210, and each Regional Administrator or Associate Regional
Administrator of the ETA in the Regional Offices.
NOTIFICATION PROCEDURE:
Inquiries concerning this system can be directed to the System
Manager listed above. The appropriate addresses for the Regional
Offices are listed under the section ``Responsible Officials'' included
in this notice.
RECORD ACCESS PROCEDURES:
Individuals can request access to any personal record by mailing a
request to the appropriate System Manager listed above.
CONTESTING RECORD PROCEDURES:
Individuals wanting to contest or amend information maintained in
this system should direct their written request to the appropriate
System Manager listed above. The request to amend should state clearly
and concisely what information is being contested, the reasons for
contesting, and the proposed amendment to the information sought.
RECORD SOURCE CATEGORIES:
Information comes from labor certification applications, labor
condition applications, and labor attestations completed by employers.
Certain information is furnished by named alien beneficiaries of labor
certification applications, State Employment Security agencies, and the
resumes and applications of U.S. workers.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-8
SYSTEM NAME:
Job Corps Student Pay, Allotment and Management Information System
(SPAMIS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Job Corps Data Center (JCDC), Building 5159, 205 6th Street, San
Marcos, Texas 78666 (and Job Corps Centers).
[[Page 16898]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Job Corps students and Job Corps terminees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal information about the student: Pre-enrollment status,
number of months enrolled in school, home address, family status and
income; characteristics, such as age, race/ethnic group, sex;
summarization of basic education and vocational training received in
Job Corps; and initial Placement status (entry into employment, school,
military service, or other status) after separation from the Program.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Subtitle C of Title I of the Workforce Investment Act of 1998, 29
U.S.C. 2882 et seq.
PURPOSE(S):
These records are maintained to pay students and track student
academic and vocational outcomes and achievements. This information is
used for reporting center/contractor performance that includes
enrollment information, performance outcomes while enrolled and
placement information after separation.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used when
relevant, necessary and appropriate:
(1) To disclose photographs and student identities to the news
media for the purpose of promoting the merits of the program.
(2) To disclose information of a student's academic and vocational
achievement and general biographical information, to placement and
welfare agencies, respective employers, school or training institutions
to assist in the employment of a student. Categories of users:
(1) Job Corps Center staff and operators/contractors;
(2) Outreach, Admissions and Placement staff and contractors;
(3) Support Contractors;
(4) Federal staff at the regional and national levels; and
Note: Selective Service System to ensure that males over 18
years of age are registered.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Magnetic disk and magnetic tape.
RETRIEVABILITY:
Social Security Number or name and center enrolled.
SAFEGUARDS:
Access to files is limited to designated data processing staff
(programmers/analysts) and is restricted by User ID and Passwords. Tape
backups to these files are temporarily stored in a physically secure
vault in a secure building. Later these backup tape files are
transferred to a physically secure off site climate controlled records
storage area.
RETENTION AND DISPOSAL:
During enrollment, the official record of Job Corps students is
maintained in the student record section of the center of enrollment.
The official record copy of these documents is filed in the Terminated
Students Record folders, which are maintained at the Job Corps Center
where a student was enrolled for at least three (3) but no more than
four (4) years after termination. After this, the records are retired
to the Regional Federal Records Center where they are kept 75 years.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Job Corps U.S. Department of Labor, Employment
and Training Administration, 200 Constitution Avenue, NW, Washington,
DC 20210.
NOTIFICATION PROCEDURE:
Letter to System Manager in accordance with 29 CFR Part 71, giving
the following information about the Job Corps student or terminee:
Full Name, Social Security Number (if available), Job Corps center
at which enrolled (if available), dates of enrollment and separation,
if known.
RECORD ACCESS PROCEDURES:
Individuals can request access to any record pertaining to himself/
herself by mailing a request to the System Manager listed above under
``Notification Procedure.''
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
this system should direct their written request to the System Manager
listed in ``Notification Procedure'' above. The request to amend should
state clearly and concisely what information is being contested, the
reasons for contesting, and the proposed amendment to the information
sought. Documentation should be provided supporting any requests for
amending records.
RECORD SOURCE CATEGORIES:
Job Corps students, Outreach, Admissions and Placement Contractors;
Support Contractors, and Job Corps Centers.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-15
SYSTEM NAME:
DOL/ETA Evaluation, Research, Pilot or Demonstration Contractors'
Project Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Individual contractors' and subcontractors' project worksites and
the Office of Policy and Research (OPR), ETA.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants in programs of the Job Training Partnership Act
(JTPA), Workforce Investment Act (WIA) and other research, pilot or
demonstration projects.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may include characteristics of program
participants, description of program activities, services received by
participants, program outcomes and participant follow-up information
obtained after the completion of the program.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Job Training Partnership Act, Title IV; Workforce Investment Act of
1998, secs. 156, 171, and 172; Social Security Act, secs. 441 and 908.
(29 U.S.C. 1731-1735; 29 U.S.C. 2856, 2916, and 2917; and 42 U.S.C. 841
and 1108; respectively.
PURPOSE(S):
The purpose of this system is to provide necessary information for
statutorily-required and other evaluations of Employment and Training
Administration (ETA) programs, evaluations of ETA-sponsored pilot and
demonstration programs, and other statistical and research studies of
employment and training program and policy issues. These records are
used solely for statistical research or evaluation and are not used in
any way for making any determination about an identifiable individual.
[[Page 16899]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records may be disclosed to other Federal, State and local
government agencies in order to facilitate the collection of additional
data necessary for statistical and evaluation purposes.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on magnetic tape and disks by the U.S.
Bureau of the Census and various contractors.
RETRIEVABILITY:
Records are retrieved by name or social security number, and by a
variety of other unique identifiers that have been created for a
specific study.
SAFEGUARDS:
Records are maintained on secure computer systems and can only be
retrieved with the proper access code.
RETENTION AND DISPOSAL:
Records which are individually identified are retained by the
contractors for one to five years, then the identifiers are destroyed.
After the conclusion of the studies the records are retired to the
Federal Records Center and are destroyed after being retained by the
Records Center for 20 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Policy and Research, Employment and
Training Administration, Frances Perkins Building, 200 Constitution
Ave., NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Address inquiries to the Administrator, Office of Policy and
Research, Employment and Training Administration, Frances Perkins
Building, 200 Constitution Ave., NW, Washington, DC 20210.
RECORD ACCESS PROCEDURES:
Individuals wishing access to a record should contact the System
Manager indicated in the notification procedures section above.
Individuals requesting access to records must comply with the
Department's Privacy Act regulations on verification of identity and
access to records.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment to records should contact
the System Manager indicated in the notification procedures section.
RECORD SOURCE CATEGORIES:
Individual participants, and Federal, State, and local Government
agencies.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-16
SYSTEM NAME:
Employment and Training Administration Investigatory File.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Special Program Services Unit, Employment and Training
Administration, Frances Perkins Building, 200 Constitution Ave., NW,
Washington, DC 20210, and each of the Employment and Training
Administration regional offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants, contractors, subcontractors, grantees, members of the
general public, ETA employees, who are alleged violators of ETA laws
and regulations.
CATEGORIES OF RECORDS IN THE SYSTEM:
Reports of alleged and confirmed problems, abuses or deficiencies
relative to the administration of programs and operations of the
agency, and of possible violations of Federal law whether civil or
criminal; reports on resolution of criminal or conduct violations, and
information relating to investigations and possible violations of ETA
administered programs and projects; incident reports, hotline
complaints, and investigative memoranda.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Job Training Partnership Act (JTPA) (29 U.S.C. 1501
et seq.); Workforce Investment Act, 29 U.S.C. 2801 et seq.
PURPOSE(S):
To ensure that all appropriate records of problems, abuses or
deficiencies relative to the administration of programs and operations
of the agency are retained and are available to agency, Departmental,
or other Federal officials having a need for the information to support
actions taken based on the records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The records and information in this system that are relevant and
necessary may be used to disclose pertinent information to states,
Workforce Investment Boards, and other DOL-funded grantees as necessary
to enforce ETA rules and regulations; and other uses noted in the
prefatory statement.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case files are maintained in manual files and certain information
from those manual files, e.g., case number, names and social security
numbers, description of allegations, etc., are maintained in a
computerized format on the local area network.
RETRIEVABILITY:
The manual case files are indexed by case number. Automated records
are retrieved by case number, case name, or subject.
SAFEGUARDS:
Direct access to the manual case files is restricted to authorized
staff members with a need to know the information in the performance of
their official duties and responsibilities. Automated records can be
accessed only through use of confidential procedures and passwords by
authorized staff.
RETENTION AND DISPOSAL:
The records containing information or allegations which do not
relate to a specific investigation are retained for 5 years after the
case is closed, and are then destroyed by shredding. The records
containing information or allegations that do result in a specific
investigation are placed in an inactive file when the case is closed
and destroyed, by shredding, after 10 years.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Financial and Administrative Management,
200 Constitution Ave., NW, Washington, DC 20210; and each Regional
Administrator or Associate Regional Administrator of the ETA in the
regional offices.
NOTIFICATION PROCEDURE:
Inquiries concerning this system can be directed to: System
Manager, U.S. Department of Labor, Employment and Training
Administration, Office of Financial and Administrative Management, 200
Constitution Avenue, NW, Washington, DC 20210 or to the appropriate ETA
Regional Administrator or Associate Regional Administrator in the
regional cities
[[Page 16900]]
listed in the Appendix to this notice. Such inquiries should include
the full name of the requester, name and address of the organization,
service delivery area, and the ETA-administered program or project.
RECORD ACCESS PROCEDURES:
Individuals can request access to any record pertaining to himself/
herself by mailing a request to the appropriate System Manager listed
above under ``Notification Procedure.'' Such inquiries should include
the full name of the requester, name and address of the organization,
service delivery area, and the ETA-administered program or project.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
this system should direct their written request, containing specific
details of personal and professional data indicated, to the appropriate
System Manager listed in ``Notification Procedure'' above. The request
should state clearly and concisely what information is being contested,
the reasons for contesting it, and the proposed amendment to the
information sought.
RECORD SOURCE CATEGORIES:
Individuals, program sponsors, contractors, grantees, complainants,
witnesses, Office of the Inspector General and other Federal, State and
local government records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ETA-20
SYSTEM NAME:
Federal Bonding Program, Bondee Certification Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Punch Card Processing Co., 6875 New Hampshire Ave., Takoma Park,
MD. 20012, and the McLaughlin Co., Suite 514, 2000 L St., NW,
Washington, DC 20038.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
State Employment Service applicants who are eligible and need
bonding to get a job.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal (name, SSN, employer name), employment data (DOT and SIC
codes), employer data (address, city, State, ZIP code), amount of bond
(expressed in $500 units), cost of bond (expressed in units), effective
date of bond, and termination date of bond.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Job Training Partnership Act, Title IV, Part D (29 U.S.C. 1731-
1735); and the Workforce Investment Act of 1998(WIA)(29 U.S.C. 2801 et
seq.).
PURPOSE(S):
The purpose of these records is to provide information to the DOL
project officer on the activities of the contracted project--the
Federal Bonding Program. These records are used solely for statistical
information and not used in any way for making any determination about
an identifiable individual.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Disk Operated System (DOS) and printout.
RETRIEVABILITY:
Retrieved by assigned bond number.
SAFEGUARDS:
Locked in cabinets in offices of Federal, State, and private
buildings.
RETENTION AND DISPOSAL:
States and regions dispose of data 3 years and older; The Punch
Card Processing Co. keeps master DOS of all bondees prior to 1980.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Policy Research, Frances Perkins Building,
200 Constitution Ave. NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Address inquiry to the System Manager at 200 Constitution Ave., NW,
Washington, DC, 20210 as indicated above.
RECORD ACCESS PROCEDURES:
Individuals can request access to any record pertaining to himself/
herself by mailing a request to the System Manager listed above under
``Notification Procedure.''
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or amend information maintained in
this system should direct their written request to the System Manager
at the address shown in ``Notification Procedure'' above. The request
to amend or contest should state clearly and concisely what information
is being contested, the reasons for contesting, and the proposed
amendment to the information sought.
RECORD SOURCE CATEGORIES:
State Job Service files, applicants for the bond and bonded
employee's employer.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-22
SYSTEM NAME:
ETA Employee Conduct Investigations.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Offices in the Employment and Training Administration at the
National Office and in each of the regional offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
ETA employee(s) against whom any allegation of misconduct, illegal
acts, conflicts of interests, etc., has been made.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, organization and other information relating to the individual
[[Page 16901]]
involved; investigative report(s), including interviews and other data
gathered.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 7301, and Executive Order 11222.
PURPOSE(S):
To ensure that all appropriate records of problems, misconduct,
illegal acts, conflicts of interest, etc., are maintained to document
actions taken in each case.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for the prefatory routine uses.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case files are maintained in manual files and certain information
from those manual files, e.g., case number, names and social security
numbers, description of allegations, etc., are maintained in a
computerized format on the local area network.
RETRIEVABILITY:
The manual case files are indexed by name and case number.
Automated records are retrieved by case number, case name, or subject.
SAFEGUARDS:
Direct access to the manual case files is restricted to authorized
staff members with a need to know the information in the performance of
their official duties and responsibilities. Automated records can be
accessed only through use of confidential procedures and passwords by
authorized staff.
RETENTION AND DISPOSAL:
Records are retained for four years following the date either: (a)
They are referred to the OIG; (b) they are transferred to OPM/GOVT-3
Records of Adverse Actions and Actions Based on Unacceptable
Performance; or (c) it is determined that the allegation was without
sufficient merit to warrant further action, after which they are
destroyed by shredding.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Financial and Administrative Management,
200 Constitution Ave., NW, Washington, DC 20210, and each Regional
Administrator or Associate Regional Administrator in the Employment and
Training Administration regional offices.
NOTIFICATION PROCEDURE:
Inquiries concerning this system can be directed to the
Administrator, Office of Financial and Administrative Management, at
the address listed above under ``System Manager(s) and Address'', or to
the appropriate Regional Administrator or Associate Regional
Administrator listed under Responsible Officials contained at the end
of these notices. Such inquiries should include full name, agency,
organization, and office component of the requester.
RECORD ACCESS PROCEDURES:
Individuals can request access to any record pertaining to himself/
herself by mailing a request to the System Manager listed above under
``Notification Procedure.'' Such inquiries should include full name,
agency, organization, and office component of the requester.
CONTESTING RECORD PROCEDURES:
Individuals wanting to contest or amend information maintained in
this system should direct their written request, containing the data
elements listed above, to the System Manager listed above in
``Notification Procedure.'' The request to amend should state clearly
and concisely what information is being contested, the reasons for
contesting, and the proposed amendment to the information sought.
RECORD SOURCE CATEGORIES:
Individuals, hotline complaints through the Office of the Inspector
General's hotline; hotline complaints through the General Accounting
Office's hotline system; incident reports submitted by employees;
investigative reports and interviews.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in
this system of records compiled for law enforcement purposes is exempt
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of 5 U.S.C. 552a, provided however, that if any individual is denied
any right, privilege, or benefit that he or she would otherwise be
entitled to by Federal law, or for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to the 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.
DOL/ETA-24
SYSTEM NAME:
Contracting and Grant Officer Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Employment and Training Administration, Office of Grants and
Contracts Management, Office of Financial and Administrative Services,
and Assistant Secretary for Administration and Management, Division of
Federal Assistance and Contract Services, 200 Constitution Avenue, NW,
Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Present and former contracting and grant officers.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, Social Security Number, job title and grade, qualifications,
training and experience, request for appointment as Contracting/Grant
Officer, Certification of Appointment, copy of Certificate of
Appointment, and other correspondence and documents relating to the
individual's qualifications therefor.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
40 U.S.C. 486; Department of Labor Acquisition Regulations 2901.6;
Department of Labor Manual Series 2-800.
PURPOSE(S):
To ascertain an individual's qualifications to be appointed as a
contracting/grant officer; to determine if limitations on procurement
authority are appropriate; to complete Certificate of Appointment.
ROUTINE USES OF RECORD MAINTAINED IN THE SYSTEMS, INCLUDING CATEGORIES
AND USERS AND THE PURPOSES OF SUCH USES:
A. Disclosure to Office of Government Ethics:
A record from a system of records may be disclosed, as a routine
use, to the Office of Government Ethics for any purposes consistent
with that office's mission, including the compilation of statistical
data.
B. Disclosure to a Board of Contract Appeals, GAO or any other
entity hearing a contractor's protest or dispute:
A record from a system of records may be disclosed, as a routine
use, to the United States General Accounting Office, to a Board of
Contract Appeals, or the Claims Court in bid protest cases or contract
dispute cases involving procurement.
[[Page 16902]]
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING
OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records in file folders.
RETRIEVABILITY:
Filed by Contracting/Grant Officer Number and Name.
SAFEGUARDS:
Records are maintained in a secured, locked file cabinet accessible
to the authorized personnel having need for the information in the
performance of their duties.
RETENTION AND DISPOSAL:
All documents relating to and reflecting the designation of
Contracting/Grant Officers and terminations of such designations, are
destroyed 6 years after termination of appointment.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Federal Assistance, U.S. Department of Labor,
ETA, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Requests for information may be directed to the System Manager.
RECORD ACCESS PROCEDURES:
Requests from individuals should be addressed to System Manager.
Written requests should contain the full name, current address and
telephone number of the individual.
CONTESTING RECORD PROCEDURES:
Documentation should be provided supporting any requests for
amending records.
RECORD SOURCE CATEGORIES:
The contract/grant officer's Certification of Appointment and
background information on education, SF-171, and specific information
on procurement authorities delegated.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-25
SYSTEM NAME:
DOL/ETA Evaluation Research Projects of the Unemployment
Compensation System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Either in ETA or at an individual contractor's worksite.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any employer or employee covered under a State unemployment
compensation law.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains Claimant (Employee) records, Employer
contribution records, and Employee wage records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Social Security Act, Sections 303(a)(1), 303(a)(6), and 906, (42
U.S.C. 503(a)(1), 503(a)(6), 902, 1106); 5 U.S.C. 8506(b).
PURPOSE(S):
These records are used for researching and evaluating the
unemployment compensation and other programs for which ETA is
responsible and are not used for any purpose other than that specified
under agreement with the State from which the records were obtained.
These records are not used in any way for making any determination
affecting an identifiable individual's entitlement to unemployment
compensation.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USE:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on magnetic tape and disks by ETA and
various contractors.
RETRIEVABILITY:
Records may be retrieved by individual identifiers; specifically,
by name, social security account number, or employer identification
number.
SAFEGUARDS:
Records are maintained on secure computer systems and can only be
retrieved with the proper access code.
RETENTION AND DISPOSAL:
Records are retained by ETA or its contractor until the end of each
project. At the conclusion of each project, the records obtained from
the State are returned to the State from which they were obtained, or
maintained by ETA without potentially identifying information.
SYSTEM MANAGER(S) AND ADDRESSES:
Administrator, Office of Workforce Security (OWS), Employment and
Training Administration, Frances Perkins Building, 200 Constitution
Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Address inquiries to the Administrator, Office of Workforce
Security, Employment and Training Administration, Frances Perkins
Building, 200 Constitution Avenue, NW, Washington, DC 20210.
RECORD ACCESS PROCEDURES:
Individuals wishing access to a record should contact the office
indicated in the notification procedure section. Individuals requesting
access to records must comply with the Privacy Act regulations on
verification of identity and access to records.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment to records should contact
the office indicated in the notification procedures section.
RECORD SOURCE CATEGORIES:
State records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-26
SYSTEM NAME:
Standardized Program Information Report (SPIR).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Database management contractor's work site.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Terminees from Titles IIA (including Older Workers Set-aside), IIC,
and III of the Job Training Partnership Act (JTPA); and enrollees who
have completed programs/services under the Workforce Investment Act of
1998, Title I (29 U.S.C. 2801 et seq.).
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include the Social Security number and
various characteristics of each participant, the description of program
activities and services they received, and program
[[Page 16903]]
outcome and participant follow-up information obtained after completion
of the program.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
JTPA Section 165(c)(2)(29 U.S.C. 1575(c)(2)); and the Workforce
Investment Act of (29 U.S.C. 2801 et seq.).
PURPOSE(S):
To maintain a management information system designed to facilitate
the uniform compilation and analysis of programmatic data necessary for
reporting, monitoring and evaluation purposes. These records are not
used for making determinations about identifiable individuals.
The system will:
(1) Generate statistical reports that will present detailed
information on the characteristics of program participants, program
activities and outcomes. These data will be reported at the national,
state and local levels; and will allow the Department to respond to a
variety of requests for specific information regarding the scope of
services and the nature of employment that JTPA is providing to its
clients.
(2) Provide information that will enable the Department to evaluate
the program at different levels (nationally, or at a regional, State or
local level) and to provide feedback to States and localities on such
evaluations.
(3) Provide a suitable national database to enable the Department
to provide technical guidance to local programs in establishing
performance goals for their service providers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Disclosure to State and local JTPA organizations those records that
are relevant and necessary to allow for comparative self-analysis of
their programs' performance.
Disclosure to researchers and public interest groups those records
that are relevant and necessary to evaluate the effectiveness of the
overall program and its various training components in serving
different subgroups of the eligible population.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on magnetic tape and disks at the database
management contractor's work site.
RETRIEVABILITY:
Primarily by name or participant characteristic. Occasionally by
Social Security Number.
SAFEGUARDS:
Records are maintained on a secure computer system and can only be
retrieved with the proper access code. Public access files and files
used for analysis outside the database manager's computer system will
be purged of participant identifiers and records will be sufficiently
aggregated to prevent identification of any individual.
RETENTION AND DISPOSAL:
Data files will be retained indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Workforce Security, Employment and
Training Administration, 200 Constitution Avenue, NW, Washington, DC
20210.
NOTIFICATION PROCEDURE:
Address inquiries to the Administrator, Office of Workforce
Security, Employment and Training Administration, 200 Constitution
Avenue, NW, Washington, DC 20210.
RECORD ACCESS PROCEDURES:
Individuals wishing assess to a record should contact the office
indicated in the notification procedure above. Individuals requesting
access to records must comply with the Department of Labor's Privacy
Act regulations on verification of identity and access to records.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment to records should contact
the office indicated in the notification procedures section.
RECORD SOURCE CATEGORIES:
Individual participant, State and local JTPA program offices.
SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/ETA-27
SYSTEM NAME:
Youth Opportunity Grant Program Information Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Database management contractor's work site.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Enrollees in Youth Opportunity Grant programs funded under Section
169 of the Workforce Investment Act of 1998 (WIA) (29 U.S.C. 2914).
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include the Social Security number and
various characteristics of each participant, the description of program
activities and services they received, and program outcome and
participant follow-up information obtained after completion of the
program.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)
PURPOSE(S):
To maintain a management information system designed to facilitate
the uniform compilation and analysis of programmatic data necessary for
reporting, monitoring and evaluation purposes. These records are not
used for making determinations about identifiable individuals.
The system will:
(1) Generate statistical reports that will present detailed
information on the aggregate characteristics of program participants,
program activities and outcomes. These data will be reported at the
national and grantee levels; and will allow the Department to respond
to a variety of requests for specific information regarding the scope
of services and the nature of employment that Youth Opportunity Grants
are providing to their enrollees.
(2) Provide information that will enable the Department to monitor
the program at different levels (nationally, or at the grantee level)
and to provide feedback to localities on their progress in implementing
their grants.
(3) Provide a suitable national database to enable the Department
to provide technical guidance to local programs in establishing
performance goals for their service providers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Disclosure to Youth Opportunity Grantees those records that are
relevant and necessary to allow for comparative self-analysis of their
programs' performance.
Disclosure to researchers and public interest groups those records
that are relevant and necessary to evaluate the effectiveness of the
overall program and its various training components in serving
different subgroups of the eligible population.
[[Page 16904]]
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING , RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on magnetic tape and disks at the database
management contractor's work site.
RETRIEVABILITY:
Primarily by participant characteristics; Social Security Number,
and geographic site codes.
SAFEGUARDS:
Records are maintained on a secure computer system and can only be
retrieved with the proper access code. Public access files and files
used for analysis outside the database manager's computer system will
be purged of participant identifiers. Published tables will be
sufficiently aggregated to prevent identification of any individual.
RETENTION AND DISPOSAL:
Data files will be retained indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Office of Youth Services, Employment and Training
Administration, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Address inquiries to the Administrator, Office of Youth Services,
Employment and Training Administration, 200 Constitution Avenue, NW,
Washington, DC 20210.
RECORD ACCESS PROCEDURES:
Individuals wishing assess to information contained in this system
should contact the office indicated in the notification procedure
above. Individuals requesting access to files must comply with the
Department of Labor's Privacy Act regulations on verification of
identity and access to records.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment to records should contact
the office indicated in the notification procedures section.
RECORD SOURCE CATEGORIES:
Individual participant, Youth Opportunity Grantees.
SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/OIG-1
SYSTEM NAME:
Investigative Files, Case Tracking System, Analysis, Complaints,
Inspections, and Evaluation Files, USDOL/OIG.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Office of Inspector General, U.S. Department of Labor, 200
Constitution Avenue, NW, Washington, DC 20210 and in the OIG regional
and field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
DOL employees, applicants, contractors, subcontractors, grantees,
subgrantees, claimants, complainants, individuals threatening DOL
employees or the Secretary of Labor, alleged violators of Labor laws
and regulations, union officers, trustees, employers, individuals
investigated and interviewed, and individuals filing claims for
entitlement or benefits under laws administered by the Department of
Labor, individuals providing medical and other services to OWCP,
employees of insurance companies and of medical and other services
provided to OWCP, and other persons suspected of violations of law and
related administrative, civil and criminal provisions.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains records related to administrative, civil and
criminal investigations, complaints, inspections, and evaluations which
include: Statements and other information from subjects, targets,
witnesses and complainants; material from governmental investigatory or
law enforcement organizations (federal, state, local or international)
and intelligence information; information of criminal, civil or
administrative referrals and/or results of investigations;
investigative notes and investigative reports; summary information for
indexing and cross referencing; reports and associated materials filed
with DOL or other government agencies from, for example, medical
providers, grantees, contractors, employers or insurance companies;
other evidence and background material existing in any form (i.e. audio
or video tape, photographs, computer tapes, disks or compact disks).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. 3 (IG Act); 5 U.S.C. 8101 et seq. (FECA); Health
Insurance Portability and Accountability Act, Pub. L. 104-191; 5 U.S.C.
8401 et seq. (FERSA); 8 U.S.C. 1101 et seq. (IRCA); 18 U.S.C. 874 (Anti
Kickback Act); 29 U.S.C. 49 et seq. (Wagner-Peyser Act); 29 U.S.C. 101
et seq. (LMRA); 29 U.S.C. 201 et seq. (FLSA); 29 U.S.C. 401 et seq.
(LMRDA); 29 U.S.C. 651 et seq. (OSHA); 29 U.S.C. 793 et seq.
(Rehabilitation Act); 29 U.S.C. 1001 et seq. (ERISA); 29 U.S.C. 1501 et
seq. (JTPA); 29 U.S.C. 2801 et seq. (Workforce Investment Act of 1998);
30 U.S.C. 801 et seq. (MSHA); 30 U.S.C. 901 et seq. Black Lung); 31
U.S.C. 3701 et seq. (False Claims Act); 31 U.S.C. 3801 et seq. (Program
Fraud Civil Remedies Act); 33 U.S.C. 901 et seq. (Longshore
Compensation Act and extension); 40 U.S.C. 276a5 (Davis Bacon); 40
U.S.C. 276c (Copeland Act); 41 U.S.C. 35 et seq. (Walsh-Healey); 41
U.S.C. 351 et seq. (Service Contract Act); Title 18, United States Code
(Criminal Code); and Secretary's Order 2-90, dated January 31, 1990
concerning the authorization and organization of the Office of
Inspector General in the Department of Labor.
PURPOSE(S):
This system is established and maintained to fulfill the purposes
of the Inspector General Act of 1978 and to fulfill the
responsibilities assigned by that Act concerning investigative
activities and the complaints and other information from which
investigations, inspections, and evaluations develop. The OIG initiates
investigations and evaluations of individuals, inspections and
evaluations of entities and programs, maintains information received
and developed in this system during the time the investigation,
inspection or evaluation is performed, and after each investigation,
inspection or evaluation is completed. This system is the repository of
all information developed during the course of investigations,
inspections, and evaluations. OIG also receives many complaints via its
Hotline and other sources. These complaints are reviewed for
investigative merit and can be referred for a full investigation, for
program agency action, or no action.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Referral to federal, state, local and foreign investigative and/
or prosecutive authorities. A record from a system of records, which
indicates either by itself or in combination with other information
within the agency's possession, a violation or potential violation of
law, whether civil, criminal or administrative and whether arising
[[Page 16905]]
by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, may be disclosed as a routine
use, to the appropriate federal, foreign, state or local agency or
professional organization charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing or investigating or prosecuting such violation or
charged with enforcing or implementing the statute or rule, regulation
or order issued pursuant thereto.
B. Introduction to a grand jury. A record from a system of records
may be disclosed, as a routine use, to a grand jury agent pursuant
either to a federal or state grand jury subpoena or to a prosecution
request that such record be released for the purpose of its
introduction to a grand jury.
C. Referral to federal, state, local or professional licensing
boards. A record from a system of records may be disclosed, as a
routine use, to any governmental, professional or licensing authority
when such record reflects on qualifications, either moral, educational
or vocational, of an individual seeking to be licensed or to maintain a
license.
D. Disclosure to contractor, grantee or other direct or indirect
recipient of federal funds to allow such entity to effect corrective
action in the agency's best interest. A record from a system of records
may be disclosed, as a routine use, to any direct or indirect recipient
of federal funds where such record reflects inadequacies with a
recipient's personnel, and disclosure of the record is made to permit a
recipient to take corrective action beneficial to the Government.
E. Disclosure to any source, either private or governmental, to the
extent necessary to solicit information relevant to any investigation,
audit, or evaluation. A record from a system of records may be
disclosed, as a routine use, to any source, either private or
governmental, to the extent necessary to secure from such source
information relevant to and sought in furtherance of an investigation,
audit, or evaluation.
F. Disclosure to any domestic or foreign governmental agencies for
personnel or other action. A record from a system of records may be
disclosed, as a routine use, to a federal, state, local, foreign or
international agency, for their use in connection with such entity's
assignment, hiring or retention of an individual, issuance of a
security clearance, reporting of an investigation of an individual,
letting of a contract or issuance of a license, grant or other benefit,
to the extent that the information is relevant and necessary to such
agency's decision on the matter.
G. Disclosure to a board of contract appeals, GAO or any other
entity hearing a contractor protest or dispute. A record from a system
of records may be disclosed, as a routine use, to the United States
General Accounting Office, to a board of contract appeals, or to the
Court of Federal Claims in bid protest cases or contract dispute cases
involving procurement.
H. Disclosure to domestic or foreign governmental law enforcement
agency in order to obtain information relevant to an OIG or DOL
decision. A record from a system of records may be disclosed, as a
routine use, to a domestic or foreign governmental agency maintaining
civil, criminal or other relevant information, in order to obtain
information relevant to an OIG or DOL decision concerning the
assignment, hiring, or retention of an individual, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit, or which may be relevant to an OIG or
DOL investigation, audit, or evaluation.
I. Disclosure to OMB or DOJ regarding Freedom of Information Act
and Privacy Act advice. Information from a system of records may be
disclosed, as a routine use, to the Office of Management and Budget or
the Department of Justice in order to obtain advice regarding statutory
and other requirements under the Freedom of Information Act or Privacy
Act.
J. Disclosure pursuant to the receipt of a valid subpoena. A record
from a system of records may be disclosed, as a routine use, in
response to a facially valid subpoena for the record. Disclosure may
also be made when a subpoena or order is signed by a judge from a court
of competent jurisdiction.
K. Disclosure to Treasury and DOJ in pursuance of an ex parte court
order to obtain taxpayer information from the IRS. A record from a
system of records may be disclosed, as a routine use, to the Department
of Treasury and the Department of Justice when the OIG seeks an ex
parte court order to obtain taxpayer information from the Internal
Revenue Service.
L. Disclosure to a consumer reporting agency in order to obtain
relevant investigatory information. A record from a system of records
may be disclosed, as a routine use, to a ``consumer reporting agency''
as that term is defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)), for the purposes of obtaining information in the course of
an investigation, audit, or evaluations.
M. Disclosure in accordance with computer matching guidelines. A
record may be disclosed to a federal, state, or local agency for use in
computer matching programs to prevent and detect fraud and abuse in
benefit programs administered by those agencies, to support civil and
criminal law enforcement activities of those agencies and their
components, and to collect debts and overpayments owed to the agencies
and their components. This routine use does not provide unrestricted
access to records for such law enforcement and related anti-fraud
activities; each request for disclosure will be considered in light of
the applicable legal and administrative requirements for the
performance of a computer matching program or procedure.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
The information is maintained in a variety of mediums including
paper, magnetic tapes or discs, and optical digital data discs. The
records are maintained in limited access areas during duty hours and in
locked offices at all other times.
RETRIEVABILITY:
The written case records are indexed by case number. Automated
records are retrieved by case number, case name, subject, cross
referenced item or, batch retrieval applications.
SAFEGUARDS:
Direct access is restricted to authorized staff members of the OIG,
their attorneys, or contractor employees on a need-to-know basis.
Automated records can be accessed only through use of confidential
procedures and passwords.
RETENTION AND DISPOSAL:
Closed files relating to a specific investigation are destroyed
after ten years. Closed files containing information of an
investigative nature but not relating to a specific investigation are
destroyed after five years. Closed inspection and evaluation case files
are destroyed after five years.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Inspector General for Investigations and the Assistant
Inspector General for Communications,
[[Page 16906]]
Inspections, and Evaluations, Office of Inspector General, U.S.
Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records can be directed to:
Disclosure Officer, Office of Inspector General, U.S. Department of
Labor, Room S1303, 200 Constitution Avenue, NW, Washington, DC 20210.
Inquiries must comply with the requirements in 29 CFR part 71.
RECORD ACCESS PROCEDURE:
Individuals can request access to any record pertaining to him/her
by mailing a request to the Disclosure Officer listed above and in
accordance with 29 CFR part 71.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the Disclosure Officer listed
in ``Notification Procedure,'' above.
In addition, the request should state clearly and concisely what
information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought. See 29 CFR part 71.
RECORD SOURCE CATEGORIES:
The information contained in this system is received from
individual complaints, witnesses, interviews conducted during
investigations, Federal, state and local government records, individual
or company records, claim and payment files, employer medical records,
insurance records, court records, articles from publications, published
financial data, corporate information, bank information, telephone
data, insurers, service providers, other law enforcement organizations,
grantees, subgrantees, contractors and subcontractors.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Secretary of Labor has promulgated regulations which exempt
information contained in this system of records from various provisions
of the Privacy Act depending upon the purpose for which the information
was gathered and for which it will be used. The various law enforcement
purposes and the reasons for the exemptions are as follows:
(a) Criminal Law Enforcement: In accordance with 5 U.S.C.
552a(j)(2) information compiled for this purpose is exempt from all of
the provisions of the Act except the following sections: (b), (c)(1)
and (2), (e)(4) (A) through (F), (e)(6), (7), (9), (10), and (11), and
(i). This material is exempt because the disclosure and other
requirements of the Act would substantially compromise the efficacy and
integrity of OIG operations in a number of ways. Indeed, disclosure of
even the existence of these files would be problematic. Disclosure
could enable suspects to take action to prevent detection of criminal
activities, conceal evidence, or escape prosecution. Required
disclosure of information contained in this system could lead to the
intimidation of, or harm to, informants, witnesses and their respective
families or OIG personnel and their families. Disclosure could invade
the privacy of individuals other than subjects and disclose their
identity when confidentiality was promised or impliedly promised to
them. Disclosure could interfere with the integrity of information
which would otherwise be privileged, (see, e.g., 5 U.S.C. 552(b)(5)),
and which could interfere with other important law enforcement
concerns: (see, e.g., 5 U.S.C. 552 (b)(7)).
The requirement that only relevant and necessary information be
included in a criminal investigative file is contrary to investigative
practice which requires a full and complete inquiry and exhaustion of
all potential sources of information. See, 5 U.S.C. 552a(e)(1).
Similarly, maintaining only those records which are accurate,
relevant, timely and complete and which assure fairness in a
determination is contrary to established investigative techniques. See,
5 U.S.C. 552a(e)(5). Requiring investigators to obtain information to
the greatest extent practicable directly from the subject individual
would be counterproductive to performance of clandestine criminal
investigation. See, U.S.C. 552a(e)(2). Finally, providing notice to an
individual interviewed of the authority of the interviewer, the purpose
to which the information provided may be used, the routine uses of that
information and the effect upon the individual should he/she choose not
to provide the information sought could discourage the free flow of
information in a criminal law enforcement inquiry. 5 U.S.C. 552a(e)(3).
(b) Other Law Enforcement: In accordance with 5 U.S.C. 552a(k)(2),
investigatory material compiled for law enforcement purposes (to the
extent it is not already exempted by 5 U.S.C. 552a(j)(2)), is exempted
from the following provisions of the ACT: (c)(3), (d), (e)(1),
(e)(4)(G), (H) and (I), and (f). This material is exempt because the
disclosure and other requirements of the Act could substantially
compromise the efficacy and integrity of OIG operations. Disclosure
could invade the privacy of other individuals and disclose their
identity when they were expressly promised confidentiality. Disclosure
could interfere with the integrity of information which would otherwise
be subject to privileges, see, e.g., 5 U.S.C. 552(b)(5), and which
could interfere with other important law enforcement concerns. See,
e.g., 5 U.S.C. 552(b)(7).
(c) Protective Services: In accordance with 5 U.S.C. 552(k)(3)
investigatory material maintained in connection with assisting the U.S.
Secret Service to provide protective services to the President of the
United States or other individuals pursuant to 18 U.S.C. 3056 is exempt
from the following sections of the ACT: (c)(3), (d), (e)(1), (e)(4)(G),
(H) and (I), and (f). This material is exempt in order to enable the
OIG to continue its support of the Secret Service without compromising
the effectiveness of either agency's activities.
(d) Contract Investigations: In accordance with 5 U.S.C.
552a(k)(5), investigatory material compiled solely for the purpose of
determining integrity, suitability, eligibility, qualifications, or
employment for a DOL contract is exempt from the following sections of
the ACT: (c)(3), (d), (e)(1), (e)(4)(G), (H), (I) and (f). This
exemption was obtained in order to protect from disclosure the identity
of a confidential source when an express promise of confidentiality has
been given in order to obtain information from sources who would
otherwise be unwilling to provide necessary information.
DOL/OIG-2
SYSTEM NAME:
Freedom of Information/Privacy Act Records.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Freedom of Information/Privacy Acts Disclosure Office, Office of
Inspector General, U. S. Department of Labor, 200 Constitution Avenue,
NW, Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons who request disclosure of records pursuant to the Freedom
of Information Act, persons who request access to or correction of
records pertaining to themselves contained in the Office of Inspector
General's systems of records pursuant to the Privacy Act; where
applicable, persons about whom records have been requested or about
whom information is contained in requested records; and persons
representing those identified above.
[[Page 16907]]
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains (a) copies of all correspondence and internal
memorandums related to the Freedom of Information Act and Privacy Act
requests, and related records necessary to the processing of such
requests; (b) copies of all documents relevant to appeals and lawsuits
under the Freedom of Information and Privacy Acts.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Freedom of Information Act, 5 U.S.C. 552, the Privacy Act, 5 U.S.C.
552a and 29 CFR parts 70 and 71.
PURPOSE(S):
This system of records is maintained in order to reflect,
accurately, the identity of requesters, the substance of each request,
the responses made by the OIG and in order to comply with the reporting
and accounting requirements of the Freedom of Information and Privacy
Acts. Materials within this system also reflect the reasons for the
disclosure and/or denial of requests or portions of requests and any
further action on requests which may be appealed and/or litigated.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Referral to federal, state, local and foreign investigative and/
or prosecutive authorities. A record from a system of records, which
indicates either by itself or in combination with other information
within the agency's possession a violation or potential violation of
law, whether civil, criminal or regulatory and whether arising by
general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, may be disclosed as a routine use to
the appropriate federal, foreign, state or local agency or professional
organization charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing or
investigating or prosecuting such violation or charged with enforcing
or implementing the statute or rule, regulation or order issued
pursuant thereto.
B. Introduction to a grand jury. A record from a system of records
may be disclosed, as a routine use, to a grand jury agent pursuant
either to a federal or state grand jury subpoena or to a prosecution
request that such record be released for the purpose of its
introduction to a grand jury.
C. Referral to federal, state, local or professional licensing
boards. A record from a system of records may be disclosed, as a
routine use, to any governmental, professional or licensing authority
when such record reflects on qualifications, either moral, educational
or vocational, of an individual seeking to be licensed or to maintain a
license.
D. Disclosure to contractor, grantee or other direct recipient of
federal funds to allow such entity to effect corrective action in
agency's best interest. A record from a system of records may be
disclosed, as a routine use, to any direct or indirect recipient of
federal funds where such record reflects serious inadequacies with a
recipient's personnel, and disclosure of the record is made to permit a
recipient to take corrective action beneficial to the Government.
E. Disclosure to any source, either private or governmental, to the
extent necessary to solicit information relevant to any investigation,
audit or inspection. A record from a system of records may be
disclosed, as a routine use, to any source, either private or
governmental, to the extent necessary to secure from such source
information relevant to and sought in furtherance of an investigation,
audit, or evaluation.
F. Disclosure to any domestic or foreign governmental agencies for
personnel or other action. A record from a system of records may be
disclosed, as a routine use, to a federal, state, local, foreign or
international agency, for their use in connection with such entity's
assignment, hiring or retention of an individual, issuance of a
security clearance, reporting of an investigation of an individual,
letting of a contract or issuance of a license, grant or other benefit,
to the extent that the information is relevant and necessary to such
agency's decision on the matter.
G. Disclosure to a board of contract appeals, GAO or any other
entity hearing a contractor protest or dispute. A record from a system
of records may be disclosed, as a routine use, to the United States
General Accounting Office, to a board of contract appeals, or to the
claims court in bid protest cases or contract dispute cases involving
procurement.
H. Disclosure to domestic or foreign governmental law enforcement
agency in order to obtain information relevant to an OIG or DOL
decision. A record from a system of records may be disclosed, as a
routine use, to a domestic or foreign governmental agency maintaining
civil, criminal or other relevant information, in order to obtain
information relevant to a OIG or DOL decision concerning the
assignment, hiring, or retention of an individual, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit, or which may be relevant to an OIG or
DOL investigation, audit, or evaluation.
I. Disclosure to OMB or DOJ regarding Freedom of Information Act
and Privacy Act advice. Information from a system of records may be
disclosed, as a routine use, to the Office of Management and Budget or
the Department of Justice in order to obtain advice regarding statutory
and other requirements under the Freedom of Information Act or Privacy
Act.
J. Disclosure pursuant to the receipt of a valid subpoena. A record
from a system of records may be disclosed, as a routine use, in
response to a facially valid subpoena for the record. Disclosure may
also be made when a subpoena or order is signed by a judge from a court
of competent jurisdiction.
K. Disclosure to Treasury and DOJ in pursuance of an ex parte court
order to obtain taxpayer information from the IRS. A record from a
system of records may be disclosed, as a routine use, to the Department
of Treasury and the Department of Justice when the OIG seeks an ex
parte court order to obtain taxpayer information from the Internal
Revenue Service.
L. Disclosure to a consumer reporting agency in order to obtain
relevant investigatory information. A record from a system of records
may be disclosed, as a routine use, to a ``consumer reporting agency''
as that term is defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)), for the purposes of obtaining information in the course of
an investigation, audit, or evaluation.
M. Disclosure in accordance with computer matching laws,
regulations and/or guidelines. A record may be disclosed to a federal,
state, or local agency for use in computer matching programs to prevent
and detect fraud and abuse in benefit programs administered by those
agencies, to support civil and criminal law enforcement activities of
those agencies and their components, and to collect debts and
overpayments owed to the agencies and their components. This routine
use does not provide unrestricted access to records for such law
enforcement and related anti-fraud activities; each request for
disclosure will be considered in light the applicable legal and
administrative requirements for the performance of a computer matching
program or procedure.
[[Page 16908]]
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records in this system are maintained in a variety of mediums
including paper, magnetic tapes or discs, and optical digital data
discs.
RETRIEVABILITY:
A record is retrieved by the name of the individual, the case file
numbers or by other subject matter covered by the request.
SAFEGUARDS:
This system of records is maintained at OIG Headquarters which is
located in a building protected by twenty-four hour guard service. The
system is kept in locked storage when not in use and is accessible only
on a need to know basis. Offices containing records are restricted to
authorized personnel only. Automated data can only be accessed with a
password by authorized users.
RETENTION AND DISPOSAL:
These records are destroyed six years after final agency
determination or 3 years after final court adjudication, whichever is
later.
SYSTEM MANAGER(S) AND ADDRESS:
Disclosure Officer, Office of Inspector General, U.S. Department of
Labor, Room S1303, 200 Constitution Avenue, NW., Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries concerning this system can be directed to: Disclosure
Officer, Office of Inspector General, 200 Constitution Avenue, NW.,
Washington, DC 20210. Inquiries must comply with the requirements in 29
CFR part 71.
RECORD ACCESS PROCEDURES:
Individuals can request access to any record pertaining to him/her
by mailing a request to the Disclosure Officer listed above under 29
CFR 71.2.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their written request to the Disclosure
Officer listed in ``Notification Procedure'' above. In addition, the
request should state clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to
the information sought. See 29 CFR 71.9.
RECORD SOURCE CATEGORIES:
The information contained in this system is received from the
persons or entities making requests, the systems of records searched to
respond to requests, and other agencies referring requests for access
or correction of records originating in the Office of Inspector
General.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Some records obtained and stored in this system originate from
other systems of records and have been exempted under the provisions of
the Freedom of Information/Privacy Acts to the same extent as the
systems of records from which they were obtained.
DOL/OIG-3
SYSTEM NAME:
Investigative Case Files, Case Development and Intelligence
Records.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Office of Inspector General, U.S. Department of Labor, 200
Constitution Avenue, NW, Washington, DC 20210 and in the OIG regional
and field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals or entities known or suspected of being involved in or
associated with criminal activity, labor racketeering, or other
violation of law or regulation and associates of those individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system of records contains materials related to criminal and
civil investigations, intelligence and other background information
based on reasonable suspicion of criminal activity; statements and
other material from subjects and witnesses; information from government
investigatory or law enforcement organizations and projects (federal,
state, local or international); investigative notes and reports;
summary information for indexing and cross-referencing; other evidence
and background materials existing in any form (e.g. audio or video
tape, photographs, computer tapes or disks).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App 3; the Act of March 4, 1913 (37 Stat. 736) 29 U.S.C.
551; Secretary's Order 2-90, dated January 31, 1990 concerning the
authorization and organization of the Office of Inspector General at
the Department; and the Omnibus Crime Control Act of 1984; and 28 CFR
23.1.
PURPOSE(S):
This system of records is maintained as a repository for: (1)
Records created as a result of targeting, surveys and projects for the
development of cases and investigations for the Office of
Investigations and for the Office of Labor Racketeering; (2)
intelligence information concerning individuals identified as potential
violators of criminal, labor and labor-related laws and other
individuals associated with them; and (3) for other research and
analysis to share with other law enforcement organizations if in
compliance with 28 CFR 23.1.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Referral to federal, state, local and foreign investigative and/
or prosecutive authorities. A record from a system of records, which
indicates either by itself or in combination with other information
within the agency's possession a violation or potential violation of
law, whether civil, criminal or regulatory and whether arising by
general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, may be disclosed as a routine use, to
the appropriate federal, foreign, state or local agency or professional
organization charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing or
investigating or prosecuting such violation or charged with enforcing
or implementing the statute or rule, regulation or order issued
pursuant thereto.
B. Introduction to a grand jury. A record from a system of records
may be disclosed, as a routine use, to a grand jury agent pursuant
either to a federal or state grand jury subpoena or to a prosecution
request that such record be released for the purpose of its
introduction to a grand jury.
C. Referral to federal, state, local or professional licensing
boards. A record from a system of records may be disclosed, as a
routine use, to any governmental, professional or licensing authority
when such record reflects on qualifications, either moral, educational
or vocational, of an individual seeking to be licensed or to maintain a
license.
D. Disclosure to contractor, grantee or other indirect recipient of
federal funds to allow such entity to effect corrective action in
agency's best interest. A record from a system of records may be
[[Page 16909]]
disclosed, as a routine use, to any direct or indirect recipient of
federal funds where such record reflects serious inadequacies with a
recipient's personnel, and disclosure of the record is made to permit a
recipient to take corrective action beneficial to the Government.
E. Disclosure to any source, either private or governmental, to the
extent necessary to solicit information relevant to any investigation,
audit or inspection. A record from a system of records may be
disclosed, as a routine use, to any source, either private or
governmental, to the extent necessary to secure from such source
information relevant to and sought in furtherance of an investigation,
audit, or evaluation.
F. Disclosure to any domestic or foreign governmental agencies for
personnel or other action. A record from a system of records may be
disclosed, as a routine use, to a federal, state, local, foreign or
international agency, for their use in connection with such entity's
assignment, hiring or retention of an individual, issuance of a
security clearance, reporting of an investigation of an individual,
letting of a contract or issuance of a license, grant or other benefit,
to the extent that the information is relevant and necessary to such
agency's decision on the matter.
G. Disclosure to a board of contract appeals, GAO or any other
entity hearing a contractor protest or dispute. A record from a system
of records may be disclosed, as a routine use, to the United States
General Accounting Office, to a board of contract appeals, or to the
claims court in bid protest cases or contract dispute cases involving
procurement.
H. Disclosure to domestic or foreign governmental law enforcement
agency in order to obtain information relevant to an OIG or DOL
decision. A record from a system of records may be disclosed, as a
routine use, to a domestic or foreign governmental agency maintaining
civil, criminal or other relevant enforcement information, or other
pertinent information, in order to obtain information relevant to an
OIG or DOL decision concerning the assignment, hiring, or retention of
an individual, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant, or other benefit, or
which may be relevant to an OIG or DOL investigation, audit, or
evaluation.
I. Disclosure to OMB or DOJ regarding Freedom of Information Act
and Privacy Act advice. Information from a system of records may be
disclosed, as a routine use, to the Office of Management and Budget or
the Department of Justice in order to obtain advice regarding statutory
or other requirements under the Freedom of Information Act or Privacy
Act.
J. Disclosure pursuant to the receipt of a valid subpoena. A record
from a system of records may be disclosed, as a routine use, in
response to a facially valid subpoena for the record. Disclosure may
also be made when a subpoena or order is signed by a judge from a court
of competent jurisdiction.
K. Disclosure to Treasury and DOJ in pursuance of an ex parte court
order to obtain taxpayer information from the IRS. A record from a
system of records may be disclosed, as a routine use, to the Department
of Treasury and the Department of Justice when the OIG seeks an ex
parte court order to obtain taxpayer information from the Internal
Revenue Service.
L. Disclosure to a consumer reporting agency in order to obtain
relevant investigatory information. A record from a system of records
may be disclosed, as a routine use, to a ``consumer reporting agency''
as that term is defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)), for the purposes of obtaining information in the course of
an investigation, audit, or evaluation.
M. Disclosure in accordance with computer matching laws,
regulations and/or guidelines. A record may be disclosed to a federal,
state, or local agency for use in computer matching programs to prevent
and detect fraud and abuse in benefit programs administered by those
agencies, to support civil and criminal law enforcement activities of
those agencies and their components, and to collect debts and
overpayments owed to the agencies and their components. This routine
use does not provide unrestricted access to records for such law
enforcement and related anti-fraud activities; each request for
disclosure will be considered in light of the applicable legal and
administrative requirements for the performance of a computer matching
program or procedure.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are stored on a variety of mediums including paper,
magnetic tapes or discs, and/or optical digital data discs.
RETRIEVABILITY:
Retrievable by name of individual subject, other personal
identifiers and other non-personal elements.
SAFEGUARDS:
Available on an official need-to-know basis and kept in locked
storage when not in use. Offices containing records are restricted to
authorized personnel only. Any automated data can only be accessed by a
password from a authorized user. Computer terminals with access are
away from general staff and housed in locked offices.
RETENTION AND DISPOSAL:
Closed Labor Racketeering case files are retired to the Federal
Records Center and retained for 20 years. All other cases are destroyed
10 years after the files are closed. Intelligence information
maintained in electronic files are reviewed every 5 years for relevance
and importance. Information deemed obsolete or otherwise unreliable is
deleted after 5 years. Electronic information for which accuracy of
information and reliability of source cannot be confirmed is deleted
after 1 year. Electronic Information collected for which reliability of
source and reasonable suspicion of criminal activity has been confirmed
and linked to long term, known organized crime activity can be kept in
excess of 5 years. All records are destroyed 20 years after cut off
date.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Inspector General for Investigations, OIG/DOL, 200
Constitution Avenue, NW., Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries concerning this system can be directed to: Disclosure
Officer, OIG, 200 Constitution Avenue, NW., Washington, DC 20210.
Inquiries must comply with the requirements in 29 CFR part 71.
RECORD ACCESS PROCEDURE:
Individuals can request access to any record pertaining to him/her
by mailing a request to the Disclosure Officer listed above and in
accordance with 29 CFR 71.2.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the Disclosure Officer listed
in 29 CFR part 71. In addition, the request should state clearly and
concisely what information is being contested, the reasons for
contesting it, and the proposed
[[Page 16910]]
amendment sought for the information. See 29 CFR part 71.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Secretary of Labor has promulgated regulations which exempt
information contained in this system of records from various provisions
of the Privacy Act depending upon the purpose for which the information
was gathered and for which it will be used. The various law enforcement
purposes and the reasons for the exemptions are as follow:
(a) Criminal Law Enforcement: Information compiled for this purpose
is exempt from all of the provisions of the Act except the following
sections: (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9),
(10), and (11), and (i). This material is exempt because the disclosure
and other requirements of the Act would substantially compromise the
efficacy and integrity of OIG operations in a number of ways. Indeed,
disclosure of even the existence of these files would be problematic.
Disclosure could enable suspects to take action to prevent
detection of criminal activities, conceal evidence, or escape
prosecution. Required disclosure of information contained in this
system could lead to the intimidation of, or harm to, informants,
witnesses and their respective families or OIG personnel and their
families.
Disclosure could invade the privacy of individuals other than
subjects and disclose their identity when confidentiality was promised
to them. Disclosures from these files could interfere with the
integrity of other information which would otherwise be privileged,
see, e.g., 5 U.S.C. 552(b)(5) and which could interfere with other
important law enforcement concerns, see, e.g., 5 U.S.C. 552(b)(7).
The requirement that only relevant and necessary information be
included in a criminal investigative file is contrary to good
investigative practices which require a full and complete inquiry and
exhaustion of all potential sources of information. 5 U.S.C.
552a(e)(1). Similarly, maintaining only those records which are
accurate, relevant, timely and complete and which assure fairness in a
determination is contrary to established investigative techniques. 5
U.S.C. 552a(e)(5). Requiring investigators to obtain information to the
greatest extent practicable directly from the subject individual would
be counterproductive to performance of a clandestine criminal
investigation. 5 U.S.C. 552a(e)(2). Finally, providing notice to an
individual interviewed of the authority of the interviewer, the purpose
to which the information provided may be used, the routine uses of that
information and the effect upon the individual should he choose not to
provide the information sought could discourage the free flow of
information in a criminal law enforcement inquiry. 5 U.S.C. 552a(e)(3).
(b) Other Law Enforcement: In accordance with 5 U.S.C. 552a(k)(2),
investigatory material compiled for law enforcement purposes (to the
extent it is not already exempted by 5 U.S.C. 552a(j)(2)), is exempted
from the following provisions of the Act: (c)(3), (d), (e)(1),
(e)(4)(G), (H), (I) and (f). This material is exempt because the
disclosure and other requirements of the act could substantially
compromise the efficacy and integrity of OIG operations. Disclosure
could invade the privacy of other individuals and disclose their
identity when they were expressly promised confidentiality.
Disclosure could interfere with the integrity of information which
would otherwise be subject to privileges, see, e.g., 5 U.S.C.
552(b)(5), and which could interfere with other important law
enforcement concerns. See, e.g., 5 U.S.C. 552(b)(7).
DOL/OIG-5
SYSTEM NAME:
Audit Information, Tracking and Reporting System US DOL/OIG.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Office of Inspector General, U.S. Department of Labor, Frances
Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210 and
the OIG regional and field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Auditors, certain administrative support staff, and contractors of
the Office of Inspector General.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records or information contained in the system may include: (1)
Employee or OIG contractor; (2) social security number; (3) grade/step;
(4) training; (5) audit and investigative case tracking data (e.g.
audit/project/report number, program, findings, results, etc.); (6)
other statistical information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Pub. L. 95-452, 5 U.S.C. App. 3, Inspector General Act of 1978.
Secretary's Order 2-90 dated January 31, 1990 establishing the Office
of Inspector General at the Department of Labor.
PURPOSE(S):
This system is maintained in order to act as a management
information system for OIG audit projects and personnel and to assist
in the accurate and timely maintenance of information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Referral to federal, state, local and foreign investigative and/
or prosecutive authorities. A record from a system of records, which
indicates either by itself or in combination with other information
within the agency's possession a violation or potential violation of
law, whether civil, criminal or regulatory and whether arising by
general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, may be disclosed as a routine use, to
the appropriate federal, foreign, state or local agency or professional
organization charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing or
investigating or prosecuting such violation or charged with enforcing
or implementing the statute or rule, regulation or order issued
pursuant thereto.
B. Introduction to a grand jury. A record from a system of records
may be disclosed, as a routine use, to a grand jury agent pursuant
either to a federal or state grand jury subpoena or to a prosecution
request that such record be released for the purpose of its
introduction to a grand jury.
C. Referral to federal, state, local or professional licensing
boards. A record from a system of records may be disclosed, as a
routine use, to any governmental, professional or licensing authority
when such record reflects on qualifications, either moral, educational
or vocational, of an individual seeking to be licensed or to maintain a
license.
D. Disclosure to contractor, grantee or other direct recipient of
federal funds to allow such entity to effect corrective action in the
agency's best interest. A record from a system of records may be
disclosed, as a routine use, to any direct or indirect recipient of
federal funds where such record reflects inadequacies with a
recipient's personnel, and disclosure of the record is made to permit a
recipient to take corrective action beneficial to the Government.
E. Disclosure to any source, either private or governmental, to the
extent necessary to solicit information relevant
[[Page 16911]]
to any investigation, audit or evaluation. A record from a system of
records may be disclosed, as a routine use, to any source, either
private or governmental, to the extent necessary to secure from such
source information relevant to and sought in furtherance of an
investigation, audit, or evaluation.
F. Disclosure to any domestic or foreign governmental agencies for
personnel or other action. A record from a system of records may be
disclosed, as a routine use, to a federal, state, local, foreign or
international agency, for their use in connection with such entity's
assignment, hiring or retention of an individual, issuance of a
security clearance, reporting of an investigation of an individual,
letting of a contract or issuance of a license, grant or other benefit,
to the extent that the information is relevant and necessary to such
agency's decision on the matter.
G. Disclosure to a board of contract appeals, GAO or any other
entity hearing a contractor protest or dispute. A record from a system
of records may be disclosed, as a routine use, to the United States
General Accounting Office, to a board of contract appeals, or to the
claims court in bid protest cases or contract dispute cases involving
procurement.
H. Disclosure to domestic or foreign governmental law enforcement
agency in order to obtain information relevant to an OIG or DOL
decision. A record from a system of records may be disclosed, as a
routine use, to a domestic or foreign governmental agency maintaining
civil, criminal or other relevant information, in order to obtain
information relevant to a OIG or DOL decision concerning the
assignment, hiring, or retention of an individual, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit, or which may be relevant to an OIG or
DOL investigation, audit, or evaluation.
I. Disclosure to OMB or DOJ regarding Freedom of Information Act
and Privacy Act advice. Information from a system of records may be
disclosed, as a routine use, to the Office of Management and Budget or
the Department of Justice in order to obtain advice regarding statutory
and other requirements under the Freedom of Information Act or Privacy
Act.
J. Disclosure pursuant to the receipt of a valid subpoena. A record
from a system of records may be disclosed, as a routine use, in
response to a facially valid subpoena for the record. Disclosure may
also be made when a subpoena or order is signed by a judge from a court
of competent jurisdiction.
K. Disclosure to Treasury and DOJ in pursuance of an ex parte court
order to obtain taxpayer information from the IRS. A record from a
system of records may be disclosed, as a routine use, to the Department
of Treasury and the Department of Justice when the OIG seeks an ex
parte court order to obtain taxpayer information from the Internal
Revenue Service.
L. Disclosure to a consumer reporting agency in order to obtain
relevant investigatory information. A record from a system of records
may be disclosed, as a routine use, to a ``consumer reporting agency''
as that term is defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)), for the purposes of obtaining information in the course of
an investigation, audit, or evaluation.
M. Disclosure in accordance with computer matching laws,
regulations and/or guidelines. A record may be disclosed to a federal,
state, or local agency for use in computer matching programs to prevent
and detect fraud and abuse in benefit programs administered by those
agencies, to support civil and criminal law enforcement activities of
those agencies and their components, and to collect debts and
overpayments owed to the agencies and their components. This routine
use does not provide unrestricted access to records for such law
enforcement and related anti-fraud activities; each request for
disclosure will be considered in light of the applicable legal and
administrative requirements for the performance of a computer matching
program or procedure.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are stored on a variety of mediums including paper,
magnetic tapes or discs, and optical digital data discs.
RETRIEVABILITY:
Records are retrieved by computer using individual name(s) or
project/case name.
SAFEGUARDS:
Direct access is restricted to authorized staff members and
contractors of the OIG. Automated records can be accessed only through
use of confidential procedures and passwords by authorized personnel in
both OIG Headquarters and regional and field offices.
RETENTION AND DISPOSAL:
Closed files are destroyed after three years.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Inspector General for Audit, 200 Constitution Avenue,
NW., Washington, DC 20210.
NOTIFICATION PROCEDURE:
Inquiries concerning this system can be directed to: Disclosure
Officer, Office of Inspector General, 200 constitution Avenue, NW.,
Washington, DC 20210. Inquiries must comply with the requirements in 29
CFR part 71.
RECORDS SOURCE CATEGORIES:
Official personnel folders; other personnel documents, activity
supervisors, audit/investigation report standard forms.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Secretary of Labor has promulgated regulations which exempt
information contained in this system of records from various provisions
of the Privacy Act depending upon the purpose for which the information
was gathered and for which it will be used.
The various law enforcement purposes and the reasons for the
exemptions are as follow:
(a) Criminal Law Enforcement: Information compiled for this purpose
is exempt from all of the provisions of the Act except the following
sections: (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9),
(10), and (11), and (i). This material is exempt because the disclosure
and other requirements of the Act would substantially compromise the
efficacy and integrity of OIG operations in a number of ways. Indeed,
disclosure of even the existence of these files would be problematic.
Disclosure could enable suspects to take action to prevent detection of
criminal activities, conceal evidence, or escape prosecution.
Required disclosure of information contained in this system could
lead to the intimidation of, or harm to, informants, witnesses and
their respective families or OIG personnel and their families.
Disclosure could invade the privacy of individuals other than
subjects and disclose their identity when confidentiality was promised
to them. Disclosures from these files could interfere with the
integrity of other information which would otherwise be privileged,
see, e.g., 5 U.S.C. 552(b)(5), and which could interfere with other
[[Page 16912]]
important law enforcement concerns, see, e.g., 5 U.S.C. 552(b)(7).
The requirement that only relevant and necessary information be
included in a criminal investigative file is contrary to good
investigative practices which require a full and complete inquiry and
exhaustion of all potential sources of information. 5 U.S.C.
552a(e)(1). Similarly, maintaining only those records which are
accurate, relevant, timely and complete and which assure fairness in a
determination is contrary to established investigative techniques.
5 U.S.C. 552a(e)(5). Requiring investigators to obtain information
to the greatest extent practicable directly from the subject individual
would be counterproductive to performance of a clandestine criminal
investigation. 5 U.S.C. 552a(e)(2). Finally providing notice to an
individual interviewed of: The authority of the interviewer, the
purpose to which the information provided may be used, the routine uses
of that information and the effect upon the individual should he choose
not to provide the information sought could discourage the free flow of
information in a criminal law enforcement inquiry. 5 U.S.C. 552a(e)(3).
(b) Other Law Enforcement: In accordance with 5 U.S.C. 552a(k)(2),
investigatory material compiled for law enforcement purposes (to the
extent it is not already exempted by 5 U.S.C. 552a(j)(2)), is exempted
from the following provisions of the ACT: (c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f). This material is exempt because the
disclosure and other requirements of the Act could substantially
compromise the efficacy and integrity of OIG operations. Disclosure
could invade the privacy of other individuals and disclose their
identity when they were expressly promised confidentiality. Disclosure
could interfere with the integrity of information which would otherwise
be subject to privileges, see, e.g., 5 U.S.C. 552(b)(5), and which
could interfere with other important law enforcement concerns. See,
e.g., 5 U.S.C. 552(b)(7).
(c) Protective Services: In accordance with 5 U.S.C. 552a(k)(3)
investigatory material maintained in connection with assisting the U.S.
Secret Service to provide protective services to the President of the
United States or other individuals pursuant to 18 U.S.C. 3056 is exempt
from the following section of the ACT: (c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f). This material is exempt in order to enable the
OIG to continue its support of the Secret Service without compromising
the effectiveness of either agency's activities.
(d) Contract Investigations: In accordance with 5 U.S.C.
552a(k)(5), investigatory material compiled solely for the purpose of
determining integrity, suitability, eligibility, or qualifications for
a DOL contract is exempt from the following sections of the ACT:
(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f). This exemption
was obtained in order to protect from disclosure the identity of a
confidential source when an express promise of confidentiality has been
given in order to obtain information from sources who would otherwise
be unwilling to provide necessary information.
DOL/ILAB-1
SYSTEM NAME:
Arbitrators/Experts/Consultant Candidates' Biographies.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
U.S. National Administrative Office, U.S. Department of Labor,
Bureau of International Labor Affairs, 200 Constitution Avenue, NW,
Washington, DC 20210.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who applied, are nominated or are selected to serve as
arbitrators, experts, advisors, consultants, contractors or similar
positions for the U.S. National Administrative Office or the
Secretariat for the North American Agreement on Labor Cooperation
(NAALC), the supplemental agreement on labor issues to the North
American Free Trade Agreement (NAFTA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Application and nomination letters; resumes, biographical sketches,
curriculum vitae, and other related documents.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
North American Agreement on Labor Cooperation Articles 23, 28, and
30; 58 FR 69410; and 5 U.S.C. 301.
PURPOSE(S):
These records are established when individuals nominate themselves
or are recommended for appointments as arbitrators, experts,
consultants, contractors, advisory committee members or similar
positions with the U.S. National Administrative Office or the
Secretariat for the NAALC. The records are used by the Deputy Under
Secretary of Labor for International Affairs to make selections or
recommendations as appropriate to the Secretary of Labor or Executive
Director of the Secretariat for appointment.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those uses listed in the General Prefatory
Statement to this document.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Manual files and computer disk.
RETRIEVABILITY:
By Nominee's name and by selected skills categories.
SAFEGUARDS:
Locked storage equipment and personnel screening.
RETENTION AND DISPOSAL:
a. Advisory committee members, arbitrators, contractors,
consultants, and experts: Permanent transfer to National Archives three
(3) years after expiration of term of service.
b. Nominees not selected: destroy files when five (5) years old.
SYSTEM MANAGER(S) AND ADDRESS:
Secretary, U.S. National Administrative Office, U.S. Department of
Labor, Bureau of International Labor Affairs, Washington, DC 20210.
NOTIFICATION PROCEDURES:
Individuals wishing to gain access to records should contact the
system manager at the SYSTEM LOCATION above.
RECORD ACCESS PROCEDURES:
A request for access shall be addressed to the system manager at
the address listed above. Individuals must furnish the following
information for their records to be located and identified:
a. Name;
b. Approximate date for investigation;
c. Individuals requesting access must also comply with the Privacy
Act regulations regarding verification of the identity to records at 29
CFR 71.2.
CONTESTING RECORDS PROCEDURES:
A petition for amendments shall be addressed to the System Manager
and must meet the requirements of 29 CFR 71.9.
RECORD SOURCE CATEGORIES:
Nominations submitted by individuals within the system, other
[[Page 16913]]
individuals and organizations and by government agencies.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Not applicable.
DOL/MSHA-1
SYSTEM NAME:
Coal and Metal and Nonmetal Mine Accident, Injury, and Illness.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Department of Labor, Mine Safety and Health Administration, Program
Evaluation and Information Resources, PO Box 25367, Denver CO 80225-
0367.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual workers in the coal and metal and nonmetal mining
industries.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain accident, injury, and occupational illness
data which includes the mine name and identification number; date,
time, and place of occurrence; type and description of accident; and
name and social security number of injured miner. For 1978 and
subsequent years, only the last four digits of the social security
number are in the records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 813.
PURPOSE(S):
To maintain data to provide MSHA timely information for making
decisions on improving safety and health programs, improving education
and training efforts, and establishing priorities in technical
assistance activities in the mining industry. The primary uses of the
records are (a) to determine probable cause of accidents, injuries, and
illnesses and (b) to provide a statistical analytic data base for
allocation of MSHA and other resources to reduce occupational injuries
and illnesses.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the general
prefatory statement, disclosures may be made to a federal agency which
has requested information relevant or necessary to research for mine
safety and health under appropriate security procedures.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Manual--file folders; Computer--magnetic media.
RETRIEVABILITY:
Indexed and filed by mine identification number and date of
accident and injury occurrence or illness diagnosis. Accessed by mine
identification, date of accident and the last four digits of the social
security number of individual(s) involved.
SAFEGUARDS:
Computer safeguards and procedures developed by MSHA under GSA
Circular E-34. Appropriate reports are marked with the Privacy Act
warning. Only authorized personnel have access to files.
RETENTION AND DISPOSAL:
MSHA Forms 7000-1, Mine Accident, Injury, and Illness Report, are
retained for 6 years after year of record and then destroyed.
Microfiche copies of these documents are retained by the Office of
Injury and Employment Information permanently. Records in magnetic
media are transferred to NARA as permanent records immediately after
each annual close-out.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Office of Injury and Employment Information, Program
Evaluation and Information Resources, PO Box 25367, Denver, CO 80225-
0367.
NOTIFICATION PROCEDURE:
Inquiries regarding the existence of records should be addressed to
the System Manager. A written, signed request stating that the
requester seeks information concerning records pertaining to him/her is
required.
RECORD ACCESS PROCEDURES:
To see your records, write the System Manager and describe
specifically as possible the records sought and furnish the following
information:
a. Full name
b. Date of birth
c. Signature
CONTESTING RECORD PROCEDURES:
Individuals requesting amendment to the record should contact the
System Manager and furnish the following information:
a. Full name
b. Date of birth
c. Signature
RECORD SOURCE CATEGORIES:
Mine operators including independent contractors.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
DOL/MSHA-3
SYSTEM NAME:
Metal and Nonmetal Mine Safety and Health Management Information
System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
(1) Office of the Administrator for Metal and Nonmetal Mine Safety
and Health, U.S. Department of Labor, 4015 Wilson Blvd., Arlington,
Virginia 22203.
(2) Substantially all Metal and Nonmetal Mine Safety and Health
Offices listed in the appendix. (See the Appendix for addresses.)
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Metal and Nonmetal enforcement personnel and key officials who
conduct inspection/investigation activities at surface and underground
mines.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains records on metal and nonmetal mine safety and health
activities which include mine and mill locations, metal and nonmetal
mine inspection personnel time and activity, inspections, citations and
orders against operators, sampling data on personal exposure of non-
identified miners and MSHA personnel to radiation, dust, noise and
other contaminants, and comprehensive health surveys on individual
operations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 557a, 668; 30 U.S.C. 811, 813, 814.
PURPOSE(S):
Records are maintained in order to (a) determine workload, work
scheduling and performance of mine inspection personnel; (b) maintain
records on violations of health and safety standards and regulations;
(c) determine contaminant exposure level; and (d) maintain employment
data at metal and nonmetal mines, e.g. number or workers, etc.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure may be made (a) to the
National Institute of Occupational Safety and Health and the
Environmental Protection Agency to determine
[[Page16914]]
contaminant exposure levels; (b) to state agencies to maintain records
on violations of health and safety standards and regulations, as well
as to determine contaminant exposure levels; (c) to unions and company
officials to determine contaminant exposure levels; (d) to individuals
requesting information on mines or mine exposure.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Computer-Information from source documents to remote disk storage
to host disk storage, with final storage on magnetic tape. Manual--8
x 10\1/2\ inch reports and forms in standard file cabinets.
RETRIEVABILITY:
Computerized and manual records are indexed by mine identification
number for operator and by Authorized Representative and Right of Entry
number for MSHA personnel.
SAFEGUARDS:
Computer safeguards and procedures developed by MSHA under GSA
Circular E-34. Manual-Locked file cabinets. During working hours
records are accessible only to authorized personnel.
RETENTION AND DISPOSAL:
Computer databases are updated from source documents daily, weekly
and monthly. The active computer database contains data for the most
recent 5 years. This data is transferred to the historical database
when it is 5 years old. The historical database is retained
indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Administrative Officer, Metal and Nonmetal Mine Safety and Health,
4015 Wilson Blvd., Arlington, Virginia 22203.
NOTIFICATION PROCEDURE:
Inquiries regarding the existence of records should be addressed to
the System Manager. A written, signed request stating that the
requester seeks information concerning records pertaining to him/her is
required.
RECORD ACCESS PROCEDURES:
To see your records, write the System Manager and describe as
specifically as possible the records sought and furnish the following
information:
a. Full name
b. Date of birth
c. Signature
CONTESTING RECORD PROCEDURES:
Individuals requesting amendment to the record should contact the
System Manager and furnish the following information:
a. Full name
b. Date of birth
c. Signature
RECORD SOURCE CATEGORIES:
MSHA inspection personnel and individual mine operators.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT
None.
DOL/MSHA-10
SYSTEM NAME:
Discrimination Investigations.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Administrator for Coal Mine Safety and Health and
Office of the Administrator for Metal and Nonmetal Mine Safety and
Health, Mine Safety and Health Administration, U.S. Department of
Labor, 4015 Wilson Boulevard, Arlington, Virginia 22203 and all Coal
and Metal and Nonmetal Mine Safety and Health district offices (see the
Appendix for addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals alleged to have been discriminated against in violation
of the Federal Mine Safety and Health Act of 1977 and the Coal Mine
Health and Safety Act of 1969.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, address, telephone number, social security number,
occupation, place of employment, other identifying data, and allegation
information concerning complainants, mine operators, witnesses, and
third party sources. This material includes interviews and other data
gathered by the investigator.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 815(c).
PURPOSE(S):
Records are maintained to determine validity and gravity of
allegations and the amount of civil penalty assessment.
ROUTINE USE OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, ACCESSING, RETAINING, AND DISPOSING
OF RECORDS IN THE SYSTEM:
STORAGE:
In manila file folders and computerized tracking system.
RETRIEVABILITY:
Records are retrieved by case number; complainant's/respondent's
name; company name; mine name, identification number (I.D.), or
address.
SAFEGUARDS:
Maintained in locked file cabinets and secured computer system.
RETENTION AND DISPOSAL:
Retained for 3 years, then transferred to a Federal Records Center
where they are retained for 15 years, then destroyed except for cases
involving health issues. For those cases involving health issues retain
for 3 years, then transferred to a Federal Records Center where they
are retained for 27 years, then destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator for Coal Mine Safety Health, Ballston Towers No. 3,
4015 Wilson Boulevard, Arlington, Virginia 22203; Administrator for
Metal and Nonmetal Mine Safety and Health, same address as above.
NOTIFICATION PROCEDURE:
Inquiries regarding the existence of records should be addressed to
the appropriate System Manager. A written, signed request stating that
the requester seeks information concerning records pertaining to him/
her is required.
RECORDS ACCESS PROCEDURES:
To see your records, write the appropriate System Manager and
describe as specifically as possible the records being sought and
furnish the following information:
a. Full name.
b. Date of birth.
c. Signature.
CONTESTING RECORD PROCEDURES:
Individuals requesting amendment to the record should contact the
appropriate System Manager and furnish the following information:
a. Full name.
b. Date of birth.
c. Signature.
RECORD SOURCE CATEGORIES:
Individuals alleging discrimination, mine operators, witnesses, and
third party sources.
[[Continued on page 16915]]