Privacy Act of 1974; Publication of a New System of Records; Amendment of an Existing System

[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Notices]
[Pages 31495-31498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14682]



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DEPARTMENT OF LABOR

Office of the Secretary


Privacy Act of 1974; Publication of a New System of Records; 
Amendment of an Existing System

agency: Office of the Secretary, Labor.

action: Notice of a new system of records; amendment of an existing 
system of records.

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summary: The Privacy Act of 1974 requires that each agency publish 
notice of all of the systems of records that it maintains. This 
document adds a new system of records to this Department's current 
systems of records. With the addition of this new system of records, 
the Department will be maintaining 142 systems of records. This 
document also proposes an amendment to one of the Department's existing 
system of records. The amended system will permit the 
[[Page 31496]] Department to track the time spent litigating court 
cases and for providing legal services.

dates: Persons wishing to comment on this new systems of records may do 
so by July 25, 1995.

effective date: Unless there is a further notice in the Federal 
Register, this new system of records and the amendment to the existing 
system will become effective on August 9, 1995.

addresses: Written comments may be mailed or delivered to Robert A. 
Shapiro, Associate Solicitor, Division of Legislation and Legal 
Counsel, 200 Constitution Avenue, NW., Room N-2428, Washington, DC 
20210.

for further information contact: Miriam McD. Miller, Co-Counsel for 
Administrative Law, Office of the Solicitor, Department of Labor, 200 
Constitution Avenue, NW., Room N-2428, Washington, DC 20210, telephone 
(202) 219-8188.

supplementary information: Pursuant to section three of the Privacy Act 
of 1974 (5 U.S.C. 552a(e)(4)), hereinafter referred to as the Act, the 
Department hereby publishes notice of a new system of records currently 
maintained pursuant to the Act. This document supplements this 
Department's last publication in full of all of its Privacy Act systems 
of records. On September 23, 1993, in volume 58 at page 49548 of the 
Federal Register, we published a notice of all 138 systems of records 
which were maintained under the Act. Of those 138 systems, there were 
37 new systems. On April 15, 1994 (59 FR 18156) the Department 
published two new systems, which brings the total of system of records 
to 140. On May 10, 1995 (60 FR 24897) the Department published one new 
system, which brings the total of systems of records to 141.
    1. The new system presented herein is entitled DOL/ILAB-2, Senior 
Technical Assistance Register (STAR). The system contains the names, 
addresses and related information of individuals who are offering 
unpaid assistance to ILAB in carrying out technical assistance in 
developing counties. The purpose of the system is to provide for the 
collection and maintenance of information on these individuals who can 
offer expert advice to developing nations.
    2. The Department also hereby proposes to amend an existing system 
of records, DOL/SOL-7, Solicitor's Legal Activity Recordkeeping System, 
in order to revise a number of categories, such as Categories of 
Individuals Covered, Categories of Records, Purpose and Routine Uses. 
The purpose and effect of the revisions will enable the Department to 
track the time spent on litigating court cases and for providing other 
legal services. This tracking will assist the Department to prepare 
budget submissions and to assist in allocating resources within the 
Office of the Solicitor. In a related matter, the revision will add 
paralegal specialists as a newly covered group of employees. The 
revision will also make certain non-substantive revisions to the 
Categories for System Manager and System Location.

Universal Routine Uses

    In its September 23, 1993 publication, the Department gave notice 
of eleven paragraphs containing routine uses which apply to all of its 
systems of records, except for DOL/OASAM-5 and DOL/OASAM-7. There 
eleven paragraphs were presented in the General Prefatory Statement for 
that document, and it appeared at pages 49554-49555 of volume 58 of the 
Federal Register. Those eleven paragraphs were republished in an April 
15, 1994 document in order to correct grammatical mistakes in the 
September 23, 1993 version. In the May 10, 1995 publication the General 
Prefatory Statement was again republished as a convenience to the 
reader of the document. At this time we are again republishing the May 
10, 1995 version of the General Prefatory Statement as a convenience to 
the reader of this document.
    The public, the Office of Management and Budget (OMB), and the 
Congress are invited to submit written comments on this new system. A 
report on this new system has been provided to OMB and to the Congress 
as required by OMB Circular A-130, Revised, and 5 U.S.C. 552a(r).

General Prefatory Statement

    The following routine uses apply to and are incorporated by 
reference into each system of records published below unless the text 
of a particular notice of a system of records indicates otherwise. 
These routine uses do not apply to DOL/OASAM-5 Rehabilitation and 
Counseling File nor to DOL/OASAM-7 Employee Medical Records.
    1. It shall be a routine use of the records in this system of 
records to disclose them 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 where the Department of Justice has agreed 
to represent the employee; 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 therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    2. It shall be a routine use of the records in this system of 
records to disclose them 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 where the 
agency has agreed to represent the employee; 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 the use 
of such records is therefore deemed by the agency to be 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 records, 
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 information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity, 
and by careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records is 
therefore deemed by the agency to be for a purpose that is compatible 
with the purpose for which the agency collected the records.
    4. A record from this system of records may be disclosed 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. Records from this system of records may be disclosed to the 
National Archives and Records Administration or to the General Services 
Administration for records management inspections conducted under 44 
U.S.C. 2904 and 2906. [[Page 31497]] 
    6. Disclosure may be made to agency contractors, or their 
employees, consultants, grantees, or their employees, or volunteers who 
have been engaged to assist the agency in the performance of a 
contract, service, grant, cooperative agreement or other activity 
related to this system of records and who need to have access to the 
records in order to perform the activity. Recipients shall be required 
to comply with the requirements of the Privacy Act of 1974, as amended, 
5 U.S.C. 552a; see also 5 U.S.C. 552a(m).
    7. The name and current address of an individual may be disclosed 
from this system of records to the parent locator service of the 
Department of HHS or to other authorized persons defined by Pub. L. 93-
647 for the purpose of locating a parent who is not paying required 
child support.
    8. Disclosure may be made 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. Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the hiring or retention of an 
employee, the granting or retention of a security clearance, the 
letting of a contract, a suspension or debarment determination or the 
issuance or retention of a license, grant, or other benefit.
    10. A record from any system of records set forth below may be 
disclosed to the Office of Management and Budget in connection with the 
review of private relief, legislative coordination and clearance 
process.
    11. Disclosure may be made to a debt collection agency that the 
United States has contracted with for collection services to recover 
debts owed to the United States.

I. Publication of a New System of Records

DOL/ILAB-2
    Senior Technical Assistance Register (STAR).
    None.
    Office of Foreign Relations, Bureau of International Labor Affairs 
(ILAB), U.S. Department of Labor, Room S-5006, 200 Constitution Ave., 
NW., Washington, DC 20210.
    Individuals offering unpaid assistance to ILAB in carrying out 
technical assistance in developing countries.
    Name, address, telephone number, area(s) of expertise, statement of 
related experience in and outside the United States, foreign language 
fluency, availability for travel, any additional information provided 
by covered individual, information on assistance opportunities offered 
to the individual, and on any assignments undertaken.
    5 U.S.C. 301.
    This system provides for the collection and maintenance of 
information on individuals who can offer expert advice to developing 
nations.
    In addition to those universal routine uses listed in the General 
Prefatory Statement, last published in the Federal Register on May 10, 
1995 (60 FR 24897-24898) records from this system may be disclosed to 
the U.S. Agency for International Development to assist that agency in 
identifying individuals to whom an opportunity to lend technical 
assistance can be offered.
    None.
    Records are stored in manual files, computer databases, a document 
imaging system, and archive disks. Information from the paper documents 
provided by the applicant is transferred to a computer database and 
electronic images.
    Records are retrieved by any record element, including name.
    Paper files, magnetic disks and optical disks are maintained in a 
locked storage cabinet. Computer files are password protected.
    Records will be held in ILAB for either one year after completion 
of overseas assignment or, if not selected, for two years after date of 
application. Records are then destroyed.
    (1) Director, Office of Foreign Relations, Bureau of International 
Labor Affairs, U.S. Department of Labor, Room S-5006, 200 Constitution 
Avenue, NW, Washington, DC 20210 or
    (2) STAR Project Coordinator; same address.
    Individuals wishing to access this system of records should contact 
the System Manager or the STAR Project Coordinator as indicated above. 
Individuals must furnish the following information for their inquiries 
to be honored: Full name, address most recently furnished the STAR 
project, current telephone number, and signature.
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the one of the System 
Managers indicated above. Individuals must furnish the following 
information for their inquiries to be honored: Full name, address most 
recently furnished the STAR project, current telephone number, and 
signature.
    Individuals wishing to change, augment, or remove their records 
from this system of records should write to one of the System Managers 
indicated above. Include full name, address most recently furnished to 
STAR, current telephone number, and signature.
    Applicants; Office of Foreign Relations, ILAB
    None.

II. Publication of a Revised System of Records

    DOL/SOL-7, Solicitor's Legal Activity Recordkeeping System, is 
amended by revising several categories, including Categories of 
Individuals Covered, Categories of Records, Purpose and Routine Uses. 
The categories for System Manager and System Location are being updated 
but these are non-substantive changes. [[Page 31498]] 
    For the convenience of the reader, the entire system is being 
republished, in full, in its proposed form.
DOL/SOL-7
    Solicitor's Legal Activity Recordkeeping System.
    None.
    The central database is maintained in the Office of the Solicitor 
(SOL), Office of Administration, Management, and Litigation Support, 
Washington, DC. Computer access terminals are located in SOL Divisional 
Offices in Washington, DC, and in all SOL Regional Officer and their 
branches.
    Attorneys and paralegal specialists employed by SOL, judges 
assigned to DOL cases, and individuals and/or parties involved in the 
cases.
    Individual attorney and paralegal specialist assignments, records 
which identify pending cases and opinions requested, status of 
assignments, cases and options, statutes enforced, client agencies 
served, and time spent on assignments.
    5 U.S.C. 301.
    To track the status of cases and other legal work, to manage 
attorney and paralegal specialist assignments, to track the time spent 
litigating cases and providing other legal services, to prepare budget 
submissions and to assist in allocating resources among Divisional and 
Regional Offices.'
    Those universal routine uses listed in the General Prefatory 
Statement last published in the Federal Register on May 10, 1995 (60 FR 
24897-24898). In addition, selected data may be shared with the Office 
of Management and budget (OMB) and Congress as part of the budget 
submission process.
    None.
    Manual and computer files.
    By initials of the SOL attorney or paralegal specialist, name of 
the judge, name or social security number of the individual involved, 
and/or the name of the party involved in a case.
    Manual and computer files are accessible only by authorized 
persons, in accordance with SOL operating procedures.
    Records are retained permanently.
    Director, Office of Administration, Management and Litigation, 
Support/Office of the Solicitor, 200 Constitution Avenue NW., Room 
N2414, Washington, DC 20210.
    Inquiries should be mailed or presented to the system manager at 
the address listed above.
    A request for access shall be mailed or presented to the 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 70a.4.
    A request for amendment should be addressed to the system manager 
noted above and must meet the requirements of 29 CFR 70a.7.
    Covered individuals, case files, correspondence files, opinion 
files and miscellaneous files.
    None.

    Signed at Washington, DC, this 12th day of June, 1995.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 95-14682 Filed 6-14-95; 8:45 am]
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