80 FR 38473 - Privacy Act of 1974; Publication of an individual Systems of Records

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 80, Issue 128 (July 6, 2015)

The Privacy Act of 1974 requires that each agency publish notice of all of the systems of records that it maintains. This document proposes to establish an individual system of records to the current systems of records of the Department of Labor (Department or DOL).

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38473-38475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16460]


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DEPARTMENT OF LABOR

Office of the Secretary


Privacy Act of 1974; Publication of an individual Systems of 
Records

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of One New System of Records.

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SUMMARY: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document proposes to establish an individual system of records to the 
current systems of records of the Department of Labor (Department or 
DOL).

DATES: Persons wishing to comment on the changes set out in this notice 
may do so on or before August 17, 2015.

Dates:  Effective Date: Unless there is a further notice in the Federal 
Register, this new system of record will become effective on August 31, 
2015.

FOR FURTHER INFORMATION CONTACT: Joseph J. Plick, Counsel for FOIA and 
Information Law, Office of the Solicitor, Department of Labor, 200 
Constitution Avenue, NW., Room N-2420, Washington, DC 20210, telephone 
(202) 693-5527, or by email to [email protected].

SUPPLEMENTARY INFORMATION: The Department of Labor has established a 
system of records pursuant to the Privacy Act of 1974 (5 U.S.C. 
552a(e)(4)), hereinafter referred to as the Act, the Department hereby 
publishes notice of updates to its systems of records.
    This current document presents one new system of records. This 
notice provides a summary of the new system of records and then 
provides the Universal Routine Uses applicable to this new system of 
records.
    The proposed new system is entitled DOL/VETS-5, Veterans' Data 
Exchange Initiative (VDEI). This system contains records related to 
Exiting Service Members (ESMs) participating in the United States 
Department of Defense (DOD) Pre-separation Counseling of the Transition 
Assistance Program.

General Prefatory Statement

A. Universal Routine Uses of the Records

    The following routine uses of the records apply to and are 
incorporated by reference into each system of records published below 
unless the text of a particular notice of a system of records indicates 
otherwise. These routine uses do not apply to DOL/OASAM-5, 
Rehabilitation and Counseling File; DOL/OASAM-7, Employee Medical 
Records, and DOL/CENTRAL-3, Internal Investigations of Harassing 
Conduct.
    1. To disclose the records to the Department of Justice when: (a) 
The agency or any component thereof; or (b) any employee of the agency 
in his or her official capacity; or (c) the United States Government, 
is a party to litigation or has an interest in such litigation, and by 
careful review, the agency determines that the records are both 
relevant and necessary to the litigation, and the use of such records 
by the Department of Justice is for a purpose that is compatible with 
the purpose for which the agency collected the records.
    2. To disclose the records in a proceeding before a court or 
adjudicative body, when: (a) The agency or any component thereof; or 
(b) any employee of the agency in his or her official capacity; or (c) 
any employee of the agency in his or her individual capacity; or (d) 
the United States Government, is a party to litigation or has an 
interest in such litigation, and by careful review, the agency 
determines that the records are both relevant and necessary to the 
litigation, and that the use of such records is for a purpose that is 
compatible with the purpose for which the agency collected the records.
    3. When a record on its face, or in conjunction with other 
information, indicates a violation or potential violation of law, 
whether civil, criminal or regulatory in nature, and whether arising by 
general statute or particular program statute, or by regulation, rule, 
or order issued pursuant thereto, disclosure may be made to the 
appropriate agency, whether Federal, foreign, State, local, or tribal, 
or other public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the agency determines by careful review that the records or information 
are both relevant and necessary to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity, 
and that the use of such records or information is for a purpose that 
is compatible with the purposes for which the agency collected the 
records.
    4. To a Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the written 
request of the constituent about whom the record is maintained.
    5. To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted pursuant to 44 U.S.C. 2904 and 2906.
    6. To disclose to contractors, employees of contractors, 
consultants, grantees, and volunteers who have been engaged to assist 
the agency in the performance of or working on a contract, service, 
grant, cooperative agreement or other activity or service for the 
Federal Government.

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


[[Page 38474]]


    7. To the parent locator service of the Department of Health and 
Human Services or to other authorized persons defined by Public Law 93-
647 (42 U.S.C. 653(c)) the name and current address of an individual 
for the purpose of locating a parent who is not paying required child 
support.
    8. To any source from which information is requested in the course 
of a law enforcement or grievance investigation, or in the course of an 
investigation concerning retention of an employee or other personnel 
action, the retention of a security clearance, the letting of a 
contract, the retention of a grant, or the retention of any other 
benefit, to the extent necessary to identify the individual, inform the 
source of the purpose(s) of the request, and identify the type of 
information requested.
    9. To a Federal, State, local, foreign, tribal, or other public 
authority of the fact that this system of records contains information 
relevant to the hiring or retention of an employee, the granting or 
retention of a security clearance, the letting of a contract, a 
suspension or debarment determination or the issuance or retention of a 
license, grant, or other benefit.
    10. To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative matters.
    11. To the Department of the Treasury, and a debt collection agency 
with which the United States has contracted for collection services, to 
recover debts owed to the United States.
    12. To the news media and the public when (1) the matter under 
investigation has become public knowledge, (2) the Solicitor of Labor 
determines that disclosure is necessary to preserve confidence in the 
integrity of the Department or is necessary to demonstrate the 
accountability of the Department's officers, employees, or individuals 
covered by this system, or (3) the Solicitor of Labor determines that 
there exists a legitimate public interest in the disclosure of the 
information, provided the Solicitor of Labor determines in any of these 
situations that the public interest in disclosure of specific 
information in the context of a particular case outweighs the resulting 
invasion of personal privacy.

B. System Location--Flexiplace Programs

    The following paragraph applies to and is incorporated by reference 
into all of the Department's systems of records under the Privacy Act, 
within the category entitled, SYSTEM LOCATION.
    Pursuant to the Department of Labor's Flexiplace Programs (also 
known as ``telework'' pursuant to the Telework Enhancement Act), copies 
of records may be temporarily located at alternative worksites, 
including employees' homes or at geographically convenient satellite 
offices for part of the workweek. All appropriate safeguards will be 
taken at these sites.

    Signed at Washington, DC, this 22 day of June, 2015.
Thomas E. Perez,
Secretary of Labor.
DOL/VETS-5

SYSTEM NAME:
    Veterans' Data Exchange Initiative (VDEI)

SYSTEM CLASSIFICATION:
    None.

SYSTEM LOCATION:
    The VDEI servers are located at the ByteGrid Data Center, 12401 
Prosperity Drive, Silver Spring, Maryland 20904.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Exiting Service Members (ESMs) participating in the United States 
Department of Defense (DOD) Pre-separation Counseling of the Transition 
Assistance Program (TAP) who complete documentation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in the system are for ESMs who participated in this 
program. Records contain the following personally identifiable 
information (PII) data for ESMs:
    1. Branch
    2. Name
    3. Rank
    4. SSN
    5. Gender
    6. Race
    7. Basic Active Service Date
    8. Expiration Service Date
    9. Level of Education
    10. Guard/Reserve Status
    11. Date of Birth
    12. Military Occupational Specialty
    13. Type of Discharge
    14. EDIPI (DOD Electronic Data Interchange Person Identifier)
    15. Marital Status
    16. Home of Record State Code
    17. Home of Record Country Code
    18. Citizenship
    19. Email Address
    20. Mailing Address Street Address
    21. Mailing Address City
    22. Mailing Address State Code
    23. Mailing Address Zip Code
    24. Date Began the Department of Labor Employment Workshop (DOL EW) 
During TAP
    25. Date End DOL EW During TAP
    26. Location DOL EW During TAP
    27. Number of Dependents Under Eighteen
    28. Armed Services Vocational Aptitude Battery (ASVAB)/Armed Forces 
Qualification Test (AFQT) Score
    29. Medical Discharge

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    (1) DMDC 01, Defense Manpower Data Center Data Base, November 23, 
2011, 76 FR 72391; 38 U.S.C. 4102, Job Counseling, Training, and 
Placement Service for Veterans; and (2) 10 U.S.C. 1142, Pre-separation 
Counselling; E.O. 9397.

PURPOSE(S):
    To provide services to ESMs in areas of employment and training.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to the universal routine uses, VETS intends to be a 
conduit for other departments who need similar veteran data (upon 
approval from DOD).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Files are stored electronically.

RETRIEVABILITY:
    Files are retrieved by:
    1. Branch, Race, Level of Education, Length of Service, Military 
Occupational Specialty (MOS), Length of Service (Basic Active Service 
Date and Expiration Service Date), Marital Status, Gender, Medical 
Discharge, Number of Dependents Under 18 and Type of Discharge; or
    2. EDIPI, Rank, Mailing Address Street Address, Mailing Address 
City, Mailing Address State Code, Mailing Address Zip Code, Mailing 
Address, Home of Record State Code, Home of Record Country Code, Length 
of TAP (Date Begun DOL EW TAP and Date End DOL EW TAP), Location of the 
DOL EW during TAP, Citizenship, Guard/Reserve status, and ASVAB score/
AFQT score.

SAFEGUARDS:
    Accessed by authorized personnel only. Computer security safeguards 
are used for electronically stored data.

RETENTION AND DISPOSAL:
    Records are retained indefinitely.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Agency Management and Budget United States

[[Page 38475]]

Department of Labor Veterans' Employment and Training Service, 200 
Constitution Ave. NW., Washington, DC 20210.

NOTIFICATION PROCEDURE:
    Inquiries should be mailed to the System Manager.

RECORD ACCESS PROCEDURE:
    A request for access should be mailed to the System Manager.

CONTESTING RECORD PROCEDURES:
    A petition for amendment should be mailed to the System Manager.

RECORD SOURCE CATEGORIES:
    Information contained within this system is obtained from the DOD/
DMDC.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 2015-16460 Filed 7-2-15; 8:45 am]
 BILLING CODE 4510-49-P