Revised Privacy Act System of Records, 38145-38149 [05-13050]

Agencies

• Office of the Secretary
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Pages 38145-38149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13050]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Revised Privacy Act System of Records

AGENCY: Office of the Secretary, HHS.

ACTION: Notice of a revised Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: The Department of Health and Human Services (HHS) is 
publishing a notice of a revised system of records, 09-90-0024, 
``Unified Financial Management System, HHS/OS'' which was published in 
the Federal Register on September 7, 1999. The revised notice changes 
the system name from ``09-90-0024, Financial Transactions of HHS 
Accounting and Finance Offices'' to ``09-90-0024, Unified Financial 
Management System'' to meet the needs of the newly-established Unified 
Financial Management System (UFMS), and update Agency information.

DATES: The revised system notice is effective 30 days after the date of 
publication, unless HHS receives comments which would result in a 
contrary determination.

ADDRESSES: Mail public comments to Ms. Dara Murray, Chief Information 
Security Officer, Program Support Center, 5600 Fishers Lane, Room 
17A30, Rockville, MD 20857. Telephone 301-443-0881. This is not a toll-
free number. Comments will be available for public inspection and 
copying at the above location.

FOR FURTHER INFORMATION CONTACT: Chief Information Security Officer, 
Program Support Center, 5600 Fishers Lane, Room 17A30, Rockville, MD 
20857, (301) 443-0881.

    Dated: June 10, 2005.
Kerry Weems,
Principal Deputy Assistant Secretary, for Budget, Technology and 
Finance, Office of the Secretary.
09-90-0024

System name:
    Unified Financial Management System, HHS/OS.

Security classification:
    None.

System location:
    See Appendix 1.
    Memoranda copies of claims submitted for reimbursement of travel 
and other expenditures while on official business may also be 
maintained at the administrative and/or program office of the HHS 
employee. Records concerning outstanding debts may also be maintained 
at the program office or by the designated claims officer apart from 
the finance office.

Categories of individuals covered by the system:
    All persons who receive a payment from the Operating Divisions 
(OPDIV) Headquarters, Area and District offices, and all persons owing 
monies to these HHS components. Persons receiving payments include, but 
are not limited to travelers on official business, grantees, 
contractors, consultants, Fellows and recipients of loans and 
scholarships, and also employee reimbursement for training classes, 
mass transit, and other appropriate costs. Persons owing monies 
include, but are not limited to, persons who have been overpaid and who 
owe HHS a refund and persons who have received from HHS goods or 
services for which there is a charge or fee (e.g., Freedom of 
Information Act requesters).

Categories of records in the system:
    Name, identification number/Social Security Number (SSN) or EIN/
TID, address, e-mail address, phone number, purpose of payment or 
request for payment bank account and routing numbers, accounting 
classification and the amount paid of billed. Also, in the event of an 
overpayment and for outstanding charges, fees, loans, grants or 
scholarships, the amount of the indebtedness, the repayment status and 
the amount to be collected.

[[Page 38146]]

Authority for maintenance of the system:
    Budget and Accounting Act of 1950 (Pub. L. 81-784); Debt Collection 
Act of 1982 (Pub. L. 97-365); Debt Collection Improvement Act of 1996 
(Pub. L. 104-134, sec. 31001).
    Purpose(s): These records are an integral part of the accounting 
systems at OPDIVs Headquarters and specific Area and District 
locations. The records are used to keep track of all payments to 
individuals, exclusive of salaries and wages, based upon prior entry 
into the systems of the official commitment and obligation of 
government funds. When a person is to repay funds advanced as a loan or 
scholarship, etc., the records will be used to establish a receivable 
record and to track repayment status. In the event of an overpayment to 
a person, the record is used to establish a receivable record for 
recovery of the amount claimed. The records are also used internally to 
develop reports to the Internal Revenue Service (IRS) and applicable 
State and local taxing officials of taxable income. This is a 
Department-wide notice of payment and collection activities at all 
locations listed in Appendix 1.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. Records will be routinely disclosed to the Treasury Department 
in order to effect payment.
    2. Records may be disclosed to members of Congress concerning a 
Federal financial assistance program in order for members to make 
informed opinions on programs and/or activities impacting on 
legislative decisions. Also, disclosure may be made to a congressional 
office from an individual's record in response to an inquiry from the 
congressional office made at the request of the individual in order to 
be responsive to the constituency.
    3. In the event HHS deems it desirable or necessary, in determining 
whether particular records are required to be disclosed under the 
Freedom of Information Act, disclosure may be made to the Department of 
Justice for the purpose of obtaining its advice.
    4. A record from this system may be disclosed as a ``routine use'' 
to a Federal, State or local agency maintaining civil, criminal or 
other relevant enforcement records or other pertinent records, such as 
current licenses, if necessary to obtain a record relevant to an agency 
decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, the letting of a contract or the 
issuance of a license, grant or other benefit.
    5. A record from this system may be disclosed to a Federal agency, 
in response to its request, in connection with the hiring or retention 
of an employee, the issuance of a security clearance, the reporting of 
an investigation of an employee, the letting of a contract or the 
issuance of a license, grant or other benefit by the requesting agency, 
to the extent that the record is relevant and necessary to its decision 
on the matter.
    6. Where Federal agencies having the power to subpoena other 
Federal agencies' records, such as the Internal Revenue Service (IRS) 
or the Civil Rights Commission, issue a subpoena to HHS for records in 
this system of records, HHS will make such records available, provided 
however, that in each case, HHS determines that such disclosure is 
compatible with the purpose for which the records were collected.
    7. Where a contract between a component of HHS and a labor 
organization recognized under E.O. 11491 provides that the agency will 
disclose personal records relevant to the organization's mission, 
records in the system of records may be disclosed to such organization.
    8. A record may be disclosed to the Department of Justice, to a 
court, or other tribunal, or to another party before such tribunal, 
when: (1) HHS, or any component thereof; (2) Any HHS employee in his/
her official capacity; (3) Any HHS employee in his/her individual 
capacity where the Department of Justice (or HHS, where it is 
authorized to do so) has agreed to represent the employee; or (4) the 
United States or any agency thereof where HHS determines that the 
litigation is likely to affect HHS or any of its components, is a party 
to litigation or has an interest in such litigation, and HHS determines 
that the use of such records by the Department of Justice, the 
tribunal, or the other party is relevant and necessary to the 
litigation and would help in the effective representation of the 
governmental party, provided however, that in each case, HHS determines 
that such disclosure is compatible with the purpose for which the 
records were collected.
    9. A record about a loan applicant or potential contractor or 
grantee may be disclosed from the system of records to credit reporting 
agencies to obtain a credit report in order to determine the person's 
credit worthiness and ability to repay debts owed to the Federal 
Government.
    10. When a person applies for a loan under a loan program as to 
which the OMB has made a determination under I.R.C. 6103(a)(3), a 
record about his/her application may be disclosed to the Treasury 
Department to find out whether he/she has a delinquent tax account, for 
the sole purpose of determining the person's creditworthiness.
    11. A record from this system may be disclosed to the following 
entities in order to help collect a debt owed the United States:
    a. To another Federal agency so that agency can effect a salary 
offset;
    b. To the Treasury Department or another Federal agency in order to 
effect an administrative offset under common law or under 31 U.S.C. 
3716 (withholding from money payable to, or held on behalf of, the 
individual);
    c. To the Treasury Department to request the person's mailing 
address under I.R.C. 6103(m)(2) in order to help locate the person or 
to have a credit report prepared;
    d. To agents of HHS and to other third parties, including credit 
reporting agencies, to help locate the person or to obtain a credit 
report on him/her, in order to help collect or compromise a debt;
    e. To debt collection agents or contractors under 31 U.S.C. 3718 or 
under common law to help collect a past due amount or locate or recover 
debtors' assets;
    f. To the Justice Department for litigation or for further 
administrative action; and
    g. To the public, as provided by 31 U.S.C. 3720E, in order to 
publish or otherwise publicly disseminate information regarding the 
identity of the person and the existence of a nontax debt.
    Disclosure under part (d) and (g) of this routine use is limited to 
the individual's name, address, social security number, and other 
information necessary to identify the person. Disclosure under parts 
(a)-(c) and (e) is limited to those items; the amount, status, and 
history of the claim; and the agency or program under which the claim 
arose. An address obtained from IRS may be disclosed to a credit 
reporting agency under part (d) only for purposes of preparing a credit 
report on the individual.
    12. A record from this system may be disclosed to another Federal 
agency that has asked HHS to effect an administrative offset under 
common law or under 31 U.S.C. 3716 to help collect a debt owed the 
United States. Disclosure under this routine use is limited to: Name 
and address, Social

[[Page 38147]]

Security number, and other information necessary to identify the 
individual; information about the money payable to or held for the 
individual; and other information concerning the administrative offset.
    13. Disclosure with regard to claims or debts arising under or 
payable under the Social Security Act may be made from this system to 
``consumer reporting agencies'' as defined in the Fair Credit Reporting 
Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 
(31 U.S.C. 3701(a)(3)). The purpose of this disclosure is to aid in the 
collection of outstanding debts owed the Federal Government. Disclosure 
of records is limited to the individual's name, address, Social 
Security number, and other information necessary to establish the 
individual's identity; the amount, status and history of the claim; and 
the agency or program under which the claim arose.
    14. Information in this system of records is used to prepare W-2s 
and 1099 Forms to submit to the Internal Revenue Service and applicable 
State and local governments items considered to be included as income 
to a person: certain travel-related payments to employees, all payments 
made to persons not treated as employees (e.g., fees to consultants and 
experts), and amounts written-off as legally or administratively 
uncollectible, in whole or in part.
    15. A record may be disclosed to banks enrolled in the Treasury 
Credit Card Network to collect a payment or debt when the person has 
given his/her credit card number for this purpose.
    16. Records may be disclosed to a contractor (and/or to its 
subcontractor) who has been engaged to perform services on an automated 
data processing (ADP) system used in processing financial transactions. 
The contractor may have been engaged to develop, modify and test a new 
ADP system, including both software and hardware upgrades or 
enhancements to such a system; perform periodic or major maintenance on 
an existing ADP system; audit or otherwise evaluate the performance of 
such an ADP system; and/or operate such a system.
    17. Records may be disclosed to student volunteers, individuals 
working under a personal services contract, and other individuals 
performing functions for the Department but technically not having the 
status of agency employees, if they need access to the records in order 
to perform their assigned agency functions.
    18. A record from this system may be disclosed to any Federal 
agency or its agents in order to participate in a computer matching of 
a list of debtors against a list of Federal employees. Disclosure of 
records is limited to debtors' names, names of employers, taxpayers 
identifying numbers, addresses (including addresses of employers), and 
dates of birth, and other information necessary to establish the 
person's identity.
    19. A record may be disclosed to a commercial reporting agency that 
a person is responsible for a current claim, in order to aid in the 
collection of claims, typically by providing an incentive to the person 
to repay the claim or a debt timely. Disclosure of records is limited 
to information about a person as is relevant and necessary to meet the 
principal purpose(s) for which it is intended to be used under the law.
    20. A record from this system may be disclosed to the Treasury 
Department or to an agency operating a Debt Collection Center 
designated by the Treasury in order to effect a collection of past due 
amounts.
    21. If HHS decides to sell a debt pursuant to 31 U.S.C. 3711(I), a 
record from the system may be disclosed to purchasers, potential 
purchasers, and contractors engaged to assist in the sale or to obtain 
information necessary for potential purchasers to formulate bids and 
information necessary for purchasers to pursue collection remedies.
    22. If HHS decides to administratively garnish wages of a 
delinquent debtor under the wage garnishment provision in 31 U.S.C. 
3720D, a record from the system may be disclosed to the debtor's 
employer. This disclosure will take the form of a wage garnishment 
order directing that the employer pay a portion of the employee/
debtor's wages to the Federal Government. Disclosure of records is 
limited to debtor's name, address, and social security number. Also a 
record from this system may be disclosed to other systems, Federal 
agencies or its agents in order to participate in a computer matching 
of a list of debtors against a list of Federal employees.

Disclosure to consumer reporting agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12): Disclosure may be made 
from this system to ``consumer reporting agencies,'' as defined in 31 
U.S.C. 3701(a)(3). The purpose of this disclosure is to aid in the 
collection of outstanding debts owed to the Federal Government, 
typically, to provide an incentive for debtors to repay their debts 
timely, by making these debts part of their credit records. Disclosure 
of records is limited to the individual's name, address, social 
security number, and other information necessary to establish the 
individual's identity; the amount, status and history of the claim; and 
the agency or program under which the claim arose. The disclosure will 
be made only after the procedural requirements of 31 U.S.C. 3711(e) 
have been followed. Policies and practices for storing, retrieving, 
accessing, retaining, and disposing of records in the system:

Storage:
    Hard copy documents are maintained in file folders at agency 
headquarters and area/district office sites; and on computer disc pack 
and magnetic tape at central computer sites. Hard copy documents and 
automated records will both be maintained in accordance with Chapter 
45-13 of the HHS General Administration Manual, ``Safeguarding Records 
Contained in Systems of Records'', and the ``HHS Automated Information 
System Security Program Handbook.''

Retrievability:
    This varies according to the particular accounting system within 
the HHS Operating Divisions, Area and District Offices. Usually the 
hard copy document is filed by name within accounting classification. 
Computer records may be indexed by social security number and voucher 
number. Intra-departmental uses and transfers concern the validation 
and certification for payment, and for HHS internal audits.

Safeguards:
    1. Authorized Users: Employees and officials directly responsible 
for programmatic or fiscal activity, including administrative and staff 
personnel, financial management personnel, computer personnel, and 
managers who have responsibilities for implementing HHS funded 
programs.
    2. Physical Safeguards: File folders, reports and other forms of 
personnel data, and electronic diskettes are stored in areas where fire 
and life safety codes are strictly enforced. All documents and 
diskettes are protected during lunch hours and nonworking hours in 
locked file cabinets or locked storage areas. Magnetic tapes and 
computer matching tapes are locked in a computer room and tape vault.
    3. Procedural Safeguards: Password protection of automated records 
is provided. All authorized users protect information from public view 
and from unauthorized personnel entering an office. The safeguards 
described above were established in accordance with HHS Chapter 45-13 
of the General

[[Page 38148]]

Administration Manual; and the HHS ADP System Manual Part 6, ``ADP 
Systems Security.''

Retention and disposal:
    Records are purged from automated files once the accounting purpose 
has been served; printed copy and manual documents are retained and 
disposed of in accordance with Government Accountability Office 
principles and standards as authorized by the National Archives and 
Records Administration.

System manager(s) and address:
    Department of Health and Human Services, DHHS, Assistant Secretary 
for Budget, Technology and Finance, Office of the Secretary, Room 510A, 
Hubert H. Humphrey Building, Washington, DC 20201.

Notification procedure:
    Inquiries should be made, either in writing or in person, to the 
organizations listed under ``Location'' in Appendix 1, with the 
exception of Food and Drug Administration records. For those records 
contact: FDA Privacy Act Coordinator (HFI-30), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857. The individual 
making the inquiry must show proof of identity before information is 
released. Give name and social security number, purpose of payment or 
collection (travel, grant, etc.) and, if possible, the agency 
accounting classification.

Record access procedures:
    Same as notification procedures. Requesters should also clearly 
specify the record contents being sought, and may include a request for 
an accounting of disclosures that have been made of their records, if 
any. (These access procedures are in accordance with HHS regulations 
(45 CFR 5b.5(a)(2)).)

Contesting record procedure:
    Contact the official at the address specified under notification 
procedure above, and reasonably identify the record and specify the 
information being contested, the corrective action sought, and the 
reasons for requesting the correction, along with supporting 
information to show how the record is inaccurate, incomplete, untimely, 
or irrelevant.

Record source categories:
    Travel vouchers submitted by the individual; grant, contract and 
loan award document; delinquent loan, grant and scholarship record; 
consultant invoice of services rendered; and application for travel 
advance.

Systems exempted from certain provisions of the act:
    None.

Appendix 1--Location

Indian Health Service Area Offices (IHS)

Aberdeen Area Indian Health Service, Federal Building, 115 Fourth 
Avenue, Southeast, Aberdeen, SD 57401
Alaska Area Indian Health Service, 4141 Ambassador Drive, Anchorage, 
AK 99508-5928
Albuquerque Area Indian Health Service, 5300 Homestead Road, NE., 
Albuquerque, NM 87109-1311
Bemidji Area Indian Health Service, 522 Minnesota Avenue, NW., Room 
119, Bemidji, MN 56601
Billings Area Indian Health Service, 2900 4th Avenue North, 
Billings, MT 59101
California Area Indian Health Service, 650 Capitol Mall, Suite 7-
100, Sacramento, CA 95814
Nashville Area Indian Health Service, 711 Stewarts Ferry Pike, 
Nashville, TN 37214-2634
Navajo Area Indian Health Service, P.O. Box 9020, Window Rock, AZ 
86515-9020
Oklahoma City Area Indian Health Service, Five Corporate Plaza, 3625 
NW., 56th Street, Oklahoma City, OK 73112
Phoenix Area Indian Health Service, Two Renaissance Square, 40 North 
Central Avenue, Phoenix, AZ 85004-4424
Portland Area Indian Health Service, 1220 SW., Third Avenue, 
476, Portland, OR 97204-2892
Tucson Area Indian Health Service, 7900 S.J. Stock Road, Tucson, AZ 
85746-7012

Food and Drug Administration District Offices (FDA)

Food and Drug Administration, FDA, Atlanta District Office, 60 
Eighth Street, NE., Atlanta, GA 30309
Food and Drug Administration, FDA, New England District Office, One 
Montvale Avenue, Stoneham, MA 02180
Food and Drug Administration, FDA, New Jersey District Office, 10 
Waterview Boulevard, 3rd Floor, Parsippany, NJ 07054
Food and Drug Administration, FDA, Philadelphia District Office, 
Room 900, U.S. Customhouse, 2nd and Chestnut Streets, Philadelphia, 
PA 19106
Food and Drug Administration, FDA, Baltimore District Office, 6000 
Metro Drive, Suite 101, Baltimore, MD 21215
Food and Drug Administration, FDA, San Juan District Office, 466 
Fernandez Juncos Avenue, San Juan, PR 00901-3223
Food and Drug Administration, FDA, Chicago District Office, 550 W. 
Jackson Boulevard, Suite 1500 South, Chicago, IL 606601
Food and Drug Administration, FDA, Cincinnati District Office, Food 
and Drug Administration, FDA, 6751 Steger Drive, Cincinnati, OH 
45237-3097
Food and Drug Administration, FDA, Minneapolis District Office, 212 
3rd Avenue South, Minneapolis, MN 55401-2532
Food and Drug Administration, FDA, Dallas District Office, 4040 N. 
Central Expressway, Suite 300, Dallas, TX 75204
Food and Drug Administration, FDA, Southwest Import District, 4040 
N. Central Expressway, Suit 300, Dallas, TX 75204
Food and Drug Administration, FDA, New Orleans District Office, 6600 
Plaza Drive, Suite 400, New Orleans, LA 70127
Food and Drug Administration, FDA, Kansas City District Office, P.O. 
Box 15905, Lenexa, KS 66285-5905
Food and Drug Administration, FDA, Denver District Office, P.O. Box 
25087, Denver, CO 80225-0087
Food and Drug Administration, FDA, Florida District Office, 555 
Winderly Place, Suite 200, Maitland, FL 32751
Food and Drug Administration, FDA, San Francisco District Office, 
1431 Harbor Bay Parkway, Alameda, CA 94502-7096
Food and Drug Administration, FDA, Los Angeles District Office, 
19701 Fairchild, Irvine, CA 92612-2506
Food and Drug Administration, FDA, New York District Office, 158-15 
Liberty Avenue, Jamaica, NY 11433-1034
Food and Drug Administration, FDA, Seattle District Office, 22201 
23rd Avenue, SE., Bothell, WA 98021
Food and Drug Administration, FDA, Headquarters Office, 5600 Fishers 
Lane, Room 14-71, Rockville, MD 20857

Centers for Disease Control and Prevention, CDC--and--Agency for 
Toxic Substances and Disease Registry (ATSDR)

Financial Management Office, 12 Executive Park Drive, NE., (M/S D-
04), Atlanta, GA 30329

Centers for Medicare & Medicaid Services

Centers for Medicare & Medicaid Services, 7500 Security Boulevard, 
Baltimore, MD 21244

National Institutes of Health (NIH)

National Institutes of Health, NIH, Building 1, Room 222, Rocky 
Mountain Laboratory, Hilton, MT 59840
National Institutes of Health, NIH, National Institute of Mental 
Health, National Institute of Mental Health (NIMH) Office of 
Communications, 6001 Executive Boulevard, Room 8184, MSC 9663, 
Bethesda, MD 20892-9663
National Institutes of Health, NIH, Frederick Cancer Research 
Facility, Fort Detrick Building, Room 427, Frederick, MD 21702-1201
National Institutes of Health, NIH, National Institutes of 
Environmental Health Sciences, Room B2-03, Building 101, Research 
Triangle Park, NC 27709
National Institutes for Health, NIH, National Institute on Drug 
Abuse, Addiction Research Center, Building C, Room 248, 4940 Eastern 
Avenue, Baltimore, MD 21224
National Institutes for Health, NIH, Headquarters Office, Operations 
Accounting Branch, Building 31, Room B1-B63, 9000 Rockville Pike, 
Bethesda, MD 20892-0134

Program Support Center (PSC)

Program Support Center, PSC, Division of Fiscal Operations, 5600 
Fishers Lane, Room 16-05, Rockville, MD 20857


[[Page 38149]]


    Individual records of the following HHS Operating Divisions may 
be obtained from the Program Support Center (PSC):
    1. Administration for Children and Families (ACF)
    2. Administration on Aging (AoA)
    3. Agency for Health Care Policy and Research (AHCPR)
    4. Health Resources and Services Administration (HRSA)
    5. Indian Health Service (IHS)
    6. Substance Abuse and Mental Health Services Administration 
(SAMHSA)
    7. Office of the Secretary (OS) Substance Abuse and Mental 
Health Services Administration (SAMHSA)
    In addition to the individual records maintained by the PSC, 
travel-related records for SAMHSA employees may also be obtained 
from the following SAMHSA program offices:

Office of the Administrator, Substance Abuse and Mental Health 
Services Administration, 1 Choke Cherry Road, Room 8-1054, 
Rockville, MD 20857
Office of Applied Studies, Substance Abuse and Mental Health 
Services Administration, 1 Choke Cherry Road, Room 7-1047, 
Rockville, MD 20857
Office of Program Services, Division of Administrative Services, 
Substance Abuse and Mental Health Services Administration, 1 Choke 
Cherry Road, Room 7-1073, Rockville, MD 20857
Center for Substance Abuse Prevention, Substance Abuse and Mental 
Health Services Administration, 1 Choke Cherry Road Room 4-1051, 
Rockville, MD 20857
Center for Substance Abuse Treatment, Substance Abuse and Mental 
Health Services Administration, 1 Choke Cherry Road, Room 5-1015, 
Rockville, MD 20857
Center for Mental Health Services, Substance Abuse and Mental Health 
Services Administration, 1 Choke Cherry Road, Room 6-1051, 
Rockville, MD 20857

[FR Doc. 05-13050 Filed 6-30-05; 8:45 am]
BILLING CODE 4150-24-P