Privacy Act of 1974; System of Records
| Citation | 86 FR 55005 |
| Record Number | 2021-21679 |
| Published date | 05 October 2021 |
| Section | Notices |
| Court | Labor Department |
Federal Register, Volume 86 Issue 190 (Tuesday, October 5, 2021)
[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 55005-55007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21679]
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DEPARTMENT OF LABOR
[Docket No: DOL-2021-00##]
Privacy Act of 1974; System of Records
AGENCY: Office of Assistant Secretary for Administration and
Management, DOL.
ACTION: Notice of a new system of records.
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SUMMARY: As required by the Privacy Act of 1974, and Office of
Management and Budget (OMB) Circular No. A-108, this notice is a new
Privacy Act System of Records titled Contractor and Visitor Public
Health Emergency Records DOL/OASAM-38, which include information on
contractor employees who work in, as well as visitors to, Department of
Labor (DOL) facilities during declared public health emergencies. The
system contains information provided by the contractor's employees
including such information as their applicable vaccination or medical
countermeasure status and whether they are experiencing symptoms
associated with the public health emergency. Each contractor with
employees who will work in DOL facilities (regardless of whether the
contract is with DOL or another Federal agency such as GSA) will be
asked to confirm if its employees have been vaccinated or have received
appropriate medical countermeasures, in addition, the contractor will
be required to ensure that its employees follow the guidelines
specified for working in DOL facilities, for example, to mitigate the
spread of COVID-19, not fully vaccinated employees are required to wear
masks and maintain physical distancing. Visitors to DOL facilities will
also be asked to provide information about their vaccination or medical
countermeasure status and may be asked to provide proof of their status
and information about whether they are experiencing any symptoms
associated with the public health emergency.
DATES:
Comment Dates: We will consider comments that we receive on or
before November 4, 2021.
Applicable date: This notice is applicable upon publication,
subject to a 30-day review and comment period for the routine uses.
ADDRESSES: We invite you to submit comments on this notice. You may
submit comments by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail, hand delivery, or courier: 200 Constitution Avenue
NW, N-1301, Washington, DC. In your comment, specify Docket ID DOL-
2021-00##.
Federal mailbox: https://dol.gov/privacy.
All comments will be made public by DOL and will be posted without
change to http://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: To submit general questions about the
system, contact Rick Kryger, at telephone 292-693-4158, or email
[email protected].
SUPPLEMENTARY INFORMATION: DOL is establishing a system of records,
DOL/OASAM-38, subject to the Privacy Act of 1974, 5 U.S.C. 552a. The
purpose of this new system of records is to house information provided
by contractors, subcontractors, their employees, and visitors needed
for DOL to take appropriate actions during a public health emergency.
The information collected includes medical countermeasures, such as
vaccinations, diagnostic test results, whether the individual is
experiencing relevant symptoms, and any other information necessary to
assist DOL with determining appropriate mitigation measures to take
with respect to contractor employees and visitors in DOL facilities or
in the performance of duties associated with the Department.
In general, the information will be used to confirm that
contractors, their employees, and visitors to DOL facilities are aware
of and complying with requirements necessitated by the public
[[Page 55006]]
health emergency, such as those to wear masks and maintain physical
distancing while working onsite or visiting a DOL facility. For onsite
contractor employees, the information will be used to make decisions
such as office space planning and assigning office space, assigning
tasks that require individuals to work in close physical proximity, as
well for operational staffing requirements for carrying out work in
field operations.
Privacy Act
As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and
implemented by the Office of Management and Budget (OMB) Circular A-
108, DOL has provided a report of this system of records to the Office
of Information and Regulatory Affairs, Office of Management and Budget;
the Chairman, Committee on Government Reform and Oversight, House of
Representatives; and the Chairman, Committee on Governmental Affairs,
United States Senate.
SYSTEM NAME AND NUMBER:
Contractor and Visitor Public Health Emergency Records DOL/OASAM-
38.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The U.S. Department of Labor (DOL) Office of Assistant Secretary
and Administration and Management owns the Contractor and Visitor
Public Health Emergency Records System, which is housed in secure
datacenters in the continental United States. Each DOL agency that has
contractors working in a DOL facility has custody of the records
pertaining to its own contracts. Contact the system manager for
additional information.
SYSTEM MANAGER(S):
Rick Kryger, Deputy Chief Information Officer, Office of the
Assistant Secretary for Administration and Management, U.S. Department
of Labor, 200 Constitution Avenue NW, N-1301, Washington, DC 20210.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
National Emergencies Act (50 U.S.C. 1601-1651); the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121,
5192(1)); 5 U.S.C. 301, 7901, 7902, and 7903; the Occupational Safety
and Health Act (29 U.S.C. 668), Executive Order 12,196 ``Occupational
safety and health programs for Federal employees;'' Workforce
Innovation and Opportunity Act (WIOA) WIOA 159(g) ((29 U.S.C. 3209(g))
and WIOA 147(a)(3)(J) ((29 U.S.C. 3197(a)(3)(J)).
PURPOSE(S) OF THE SYSTEM:
To capture and report health and safety-related information during
public health emergencies. Such reporting will be provided to DOL
contracting officers and other authorized officials in DOL to enable
the agency to use the data from the system to review submissions for
compliance with applicable mitigation requirements, and, in the case of
contractor employees, with contractual terms and conditions for
contracts for which they are responsible.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The Contractor and Visitor Public Health Emergency Records System
contains records related to employees of prime and subcontractors who
are performing work on federal contract awards at any DOL facility, or
in shared operations. An owner, agent, or employee of a prime or
subcontractor may enter or certify information, as applicable.
The Contractor and Visitor Public Health Emergency Records System
may also contain records related to visitors to DOL facilities, such
as, but not limited to, volunteers, individuals from outside the DOL
workforce on detail to DOL, experts/consultants, and grantees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system of records consists of electronic or
hard copy records, including records of vaccination status or other
medical countermeasures (such as diagnostic test results), status of
employees or visitors, and other health and safety information related
to the public health emergency. The information in the system of
records includes the name of the person entering, and as applicable,
certifying, information on behalf of the prime or subcontractor, their
position within the company, phone number, and email address.
Categories of records include, but are not limited to: Name, unique
identifier assigned by the prime or subcontractor, medical
countermeasure (vaccination or diagnostic test) status, symptom
questionnaires and other information relevant and necessary for
mitigation purposes. Optional records that may be required for certain
contracts or in certain geographic areas include: name, position, work
phone number, email address, DOL facility, lands, or shared operations
at which the employee will be working on-site, and other similar
records related to their official responsibilities.
RECORDS SOURCE CATEGORIES:
Contract employee records are created, reviewed and, as
appropriate, certified by the prime or subcontractor. Records
pertaining to the individual entering and certifying data in the system
may be created by the individual, by a contracting officer, or in the
case of a subcontractor by the prime contractor or another
subcontractor. Visitor records are created, reviewed and, as
appropriate, certified by the appropriate Agency Official receiving the
visitor to the DOL facility.
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 previously published
and listed at https://www.dol.gov/agencies/sol/privacy/intro,
information in this system may be disclosed to state and local public
health officials for purposed related to the public health emergency,
such as contract tracing.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records in this system of records are stored on security
measure protected (for example, e-authentication, password, restricted
access protocol, etc.) databases, electronically on e-media devices
(computer hard drive, magnetic disc, tape, digital media, CD, DVD,
etc.). Paper copies of records are stored within secured or locked
facilities.
POLICIES AND PRACTICES FOR RETRIEVEAL OF RECORDS:
Records may be retrieved by the individual's name, unique
identifier assigned by the prime or subcontractor, vaccination status,
position, or facility at which the employee will be working on-site.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in file folders and DOL computer systems at
applicable locations as set out above under the heading ``System
Location.'' System records will be retained and disposed of according
to DOL's records maintenance and disposition schedules as well as any
applicable General Records Schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system of records are safeguarded in accordance
with applicable rules and policies, including all applicable DOL
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the
[[Page 55007]]
information that is being stored. Access to the computer systems
containing the records in this system of records is limited to those
individuals who have a need to know the information for the performance
of their official duties and who have appropriate clearances or
permissions.
Records in the system are protected from unauthorized access and
misuse through a combination of administrative, technical, and physical
security measures. Administrative measures include but are not limited
to policies that limit system access to individuals within an agency
with a legitimate business need, and regular review of security
procedures and best practices to enhance security. Technical measures
include but are not limited to system design that allows prime
contractor and subcontractor employees access only to data for which
they are responsible; role-based access controls that allow government
employees access only to data regarding contracts awarded by their
agency or reporting unit; required use of strong passwords that are
frequently changed; and use of encryption for certain data transfers.
Physical security measures include but are not limited to the use of
data centers which meet government requirements for storage of
sensitive data.
RECORDS ACCESS PROCEDURES:
Prime and subcontractors enter and review their own data in the
system and are responsible for ensuring that those data are correct. If
an individual wishes to access their own data in the system after it
has been submitted, that individual should consult the System Manager.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the above listed System
Manager and should include the reason for contesting it and the
proposed amendment to the information with supporting information to
show how the record is inaccurate. A request for contesting records
pertaining to an individual should contain:
Name, and
Any other pertinent information to help identify the file.
NOTIFICATION PROCEDURES:
An individual may request information regarding this system of
records or information as to whether the system contains records
pertaining to the individual from the System Manager above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Milton Stewart,
Senior Agency Official for Privacy, Office of the Assistant Secretary
for Administration and Management, U.S. Department of Labor.
[FR Doc. 2021-21679 Filed 10-4-21; 8:45 am]
BILLING CODE 4510-04-P
