Privacy Act of 1974; Proposed Altered System of Records, 46432-46434 [E6-13211]
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46432
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules
jlentini on PROD1PC65 with PROPOSAL
methane monitoring probes at the
perimeter of the landfill, and methane
collection along the middle and
southern portions of the landfill. A final
engineering design of a system to
enhance gas collection was approved by
ADEQ in 2001, and construction was
completed during May 2002. The
system operates more effectively and the
methane monitoring probes have been
in compliance since the system
expansion was completed.
Finally, in order to implement
institutional controls concerning future
land use, a Declaration of
Environmental Use Restriction (DEUR)
was recorded on the property title in
July 2006. The DEUR restricts uses of
the property, and specifically prohibits
residential use. A Final Close Out report
documenting completion of all
necessary Site remedial actions was also
completed by ADEQ and EPA in July
2006.
Cleanup Standards and Operation and
Maintenance
The remedy selected for the Site
eliminates or reduces the risks posed by
the Site through the use of engineering
controls (cap, levee system, methane
collection and treatment system, etc.),
and institutional controls. The selected
remedy provides for containment of the
large volume of low level organic and
inorganic waste material present in the
landfill and reduces the potential for
contaminant migration into the
groundwater. Groundwater, methane,
and ambient air monitoring are
conducted to ensure the remedy is
performing as intended.
Quarterly groundwater monitoring
has been conducted at the Site since
1992. It has been determined that the
landfill has not impacted groundwater
off-site. Groundwater monitoring will
continue according to the Groundwater
Contingency Plan requirements,
however, it is extremely unlikely that
contamination from the landfill will
ever trigger the groundwater
contingency or will pose a significant
threat to human health and the
environment.
Methane monitoring at the perimeter
of the landfill is an on-going process as
part of the operation of the methane gas
collection and treatment system.
Methane levels exceeding the explosive
hazard (5% by volume) are brought into
compliance through operational
adjustments of the system in order to
prevent migration of dangerous levels of
methane off-site. In addition,
monitoring of stack emissions from the
flare stations is required on a periodic
basis to conform with Maricopa County
regulations.
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Ambient air monitoring of VOCs
above the landfill was performed in
December 1998 and July 1999. Results
show that the landfill, with current
remedial measures in place, is not
impacting ambient air quality.
Long-term protection of public health
and the environment will be ensured by
regular operation and maintenance of
the remedial measures implemented
and will be assessed by continued
monitoring at the landfill of
groundwater, methane and if necessary,
ambient air. The City of Phoenix is
required to implement these actions
through the Consent Decree as well as
the Declaration of Environmental Use
Restriction (DEUR) with ADEQ.
required.’’ The EPA, with the
concurrence of the State of Arizona
through the Department of
Environmental Quality, has determined
that all appropriate responses under
CERCLA have been completed by the
responsible party and that no further
response actions under CERCLA are
necessary. Operation and maintenance
(O&M) activities will continue to be
conducted by the responsible party,
however O&M is not defined as a
response action by the NCP. Therefore,
a site in O&M can be deleted. EPA is
proposing deletion of this site from the
NPL based on this criteria. Documents
supporting this action area available in
the docket.
Five-Year Review
Two Five-Year reviews have been
conducted at the Site in September 2000
and September 2005. All deficiencies
identified in the reviews have been
corrected and the remedy is protective
of human health and the environment.
As required by statute, ADEQ will
continue conducting statutory five-year
reviews under EPA oversight. The next
Five-Year review is scheduled for
September 2010.
State Concurrence
In a letter dated July 12, 2006, the
Arizona Department of Environmental
Quality concurred with the proposed
deletion of the 19th Avenue Landfill
Superfund Site from the NPL.
Community Involvement
Pubic participation activities have
been satisfied as required in CERCLA
section 113(k), 42 U.S.C. 9613(k), and
CERCLA Section 117, 42 U.S.C. 9617.
Community involvement activities for
the 19th Avenue Landfill began in 1986
and continued throughout the cleanup.
A Community Participation Group was
established to review and provide
comments on available information
about the project and serve as a point of
information exchange for the
community. The RI/FS was released to
the public and was made available at
the information repositories. The RAP
was submitted for public comment and
a formal public meeting was held on
July 20, 1989. After completion of the
ROD, periodic fact sheets were issued to
the Site mailing list to update the
community on Site cleanup progress,
and notices were published in the
newspaper regarding five-year review
activities. Documents in the deletion
docket which EPA relied on for
recommendation of the deletion from
the NPL are available to the public in
the information repositories.
Applicable Deletion Criteria
One of the three criteria for site
deletion in the NCP (40 CFR
300.425(e)(1)(i) specifies that EPA may
delete a site from the NPL if
‘‘responsible parties have implemented
all appropriate response actions
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Dated: August 3, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E6–13298 Filed 8–11–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
45 CFR PART 5b
Privacy Act of 1974; Proposed Altered
System of Records
National Institutes of Health
(NIH), Department of Health and Human
Services (DHHS).
ACTION: Notification of proposed altered
System of Records.
AGENCY:
SUMMARY: The Department of Health and
Human Services proposes to alter
System of Records, 09–25–0168,
‘‘Invention, Patent, and Licensing
Documents Submitted to the Public
Health Service by its Employees,
Grantees, Fellowship Recipients, and
Contractors, HHS/NIH/OD.’’ NIH
proposes a new legal authority for the
maintenance of the System to read: 15
U.S.C. 3710, 3710a, 3710c & 3710d and
35 U.S.C. 200 et seq. provide authority
to maintain the records; 37 CFR Part 401
‘‘Rights to Inventions Made by
Nonprofit Organizations and Small
Business Firms under Government
Grants, Contracts, and Cooperative
Agreements;’’ 37 CFR Part 404
‘‘Licensing of Government Owned
Inventions;’’ and 45 CFR Part 7
‘‘Employee Inventions.’’ NIH is also
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jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules
proposing new routine uses for this
System.
These records will be maintained by
the Office of Technology Transfer
(OTT), OIR/OD; Office of Financial
Management (OFM), OD; Office of
Reports and Analysis (ORA), OER/OD;
Health and Human Services Technology
Development Coordinators and HHS
Contract Attorneys who retain files
supplemental to the records maintained
by the Office of Technology Transfer;
and the Extramural Inventions and
Technology Resources Branch, OPERA/
OER/OD.
DATES: Comments must be received on
or before September 13, 2006. The
proposed altered System of Records will
be effective 40 days from the date
submitted to the OMB, unless NIH
receives comments that would result in
a contrary determination.
ADDRESSES: You may submit comments,
identified by the Privacy Act System of
Record Number 09–25–0168, by any of
the following methods:
• Federal eRulemaking Portal: https://
regulations.gov. Follow the instructions
for submitting comments.
• E-mail:
nihprivacyactofficer@mail.nih.gov.
Include PA SOR number 09–25–0168 in
the subject line of the message.
• Phone: 301/496–2832 (not a tollfree number).
• Fax: 301/402–0169.
• Mail: NIH Privacy Act Officer,
Office of Management Assessment,
National Institutes of Health, 6011
Executive Boulevard, Suite 601, MSC
7669, Rockville, Maryland 20892.
• Hand Delivery/Courier: 6011
Executive Boulevard, Suite 601, MSC
7669, Rockville, Maryland 20892.
Comments received will be available for
inspection and copying at this same
address from 9 a.m. to 3 p.m., Monday
through Friday, Federal holidays
excepted.
SUPPLEMENTARY INFORMATION: The NIH
proposes to alter System of Records, No.
09–25–0168, ‘‘Invention, Patent, and
Licensing Documents Submitted to the
Public Health Service by its Employees,
Grantees, Fellowship Recipients, and
Contractors, HHS/NIH/OD.’’ This
System of Records will be used to: (1)
Obtain patent protection of inventions
when title is assigned to HHS; (2)
monitor the development of inventions
made by grantees and contractors and
protect the government rights to patents
made with NIH support; (3) grant
licenses to HHS inventions; and (4)
administer and provide royalty
payments to HHS inventors.
This System of Records contains
information such as inventor name,
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address, social security number
(required if inventor is receiving
royalties, otherwise optional), title and
description of the invention, Employee
Invention Report (EIR) Number, Case/
Serial Number, prior art related to the
invention, evaluation of the commercial
potential of the invention, prospective
licensees’ intended development of the
invention, associated patent prosecution
and licensing documents and royalty
payment information.
This System also includes other
documents developed or information
and material received by HHS from
grantees and contractors who have
reported inventions made with HHS
funding, as well as HHS employee
inventors who have assigned title to
their inventions to HHS when HHS has
applied for patents, has been granted
patents, and/or is receiving royalties
from patents. The records in this System
may also contain reports of action taken
by the agency, and decisions and reports
on legal matters associated with
invention, patent, and licensing matters.
This System also includes
information and material received from
inventors and other collaborating
persons, grantees, fellowship recipients
and contractors; other Federal agencies;
scientific experts from non-Government
organizations; contract patent counsel
and their employees and foreign
contract personnel; United States and
foreign patent offices; prospective
licensees; HHS Technology
Development Coordinators, Internet and
commercial databases, and third parties
whom HHS contacts to determine
individual invention ownership or
Government ownership. These records
are retrieved by name of the inventor,
Employee Invention Report (EIR)
Number, or keywords relating to the
nature of the invention, Case/Serial
Number, Licensing Number, internal
reference numbers, contractor, agency,
Institute, and/or Center.
The records in this System are stored
in file folders, computer tapes, and
computer disks. The records in this
System will be maintained in
designated NIH offices in a secure
manner compatible with their content
and use. During normal business hours,
records at OTT are managed by on-site
contractor personnel who regulate
availability of the files. During evening
and weekend hours the offices are
locked and the building is closed. These
practices are in compliance with the
standards of the General Administration
Manual, PHS Supplementary Chapter
45–13 ‘‘Safeguarding Records Contained
in Systems of Records’’; and the HHS
Automated Information Systems
Security Program Handbook.
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46433
Data on computer files is accessed by
password known only to authorized
users who are NIH or contractor
employees involved in patenting and
licensing of HHS inventions or in
keeping records of inventions made by
HHS contractors and grantees. Access to
information is thus limited to those with
a need to know. Data stored in
computers will be accessed through the
use of passwords known only to the
authorized users. A password is
required to access the database. All
users of personal information in
connection with the performance of
their jobs protect information, including
confidential business information
submitted by potential licensees, from
public view and from unauthorized
personnel entering an unsupervised
office.
The records in this System are
retained and disposed of under the
authority of the NIH Records Control
Schedule contained in NIH Manual
Chapter 1743, Appendix 1—‘‘Keeping
and Destroying Records’’ (HHS Records
Management Manual, Appendix B–361),
item 1100–L, which allows records to be
kept for a maximum of thirty years.
Refer to the NIH Manual Chapter for
specific disposition instructions.
The routine uses proposed for this
System are compatible with the stated
purpose of the System and support the
agency’s administration of invention,
patent, and licensing programs and
requirements:
The first routine use permits
disclosure 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.
The second routine use permits the
National Institutes of Health (NIH),
Department of Health and Human
Services (HHS; also referred to as
‘‘Department’’) to disclose information
from this System of Records to the
Department of Justice when: (a) HHS or
any component thereof; or (b) any
employee of HHS in their 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 the litigation, and after
careful review, HHS determines that the
records are both relevant and necessary
to the litigation and the use of the
records by the Department of Justice is
therefore deemed by HHS to be for a
purpose that is compatible with the
purpose for which HHS collected the
records. Disclosure may also be made to
the Department of Justice to obtain legal
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jlentini on PROD1PC65 with PROPOSAL
46434
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules
advice concerning issues raised by the
records in this System.
The third routine use permits
disclosure to a court or adjudicative
body of competent jurisdiction in a
proceeding when: (a) HHS or any
component thereof; or (b) any employee
of the agency in their official capacity;
or (c) any employee of HHS in their
individual capacity where HHS has
agreed to represent the employee; or (d)
the United States Government is party
to litigation or has an interest in the
litigation, and, after careful review, HHS
determines that the records are both
relevant and necessary to the litigation
and the use of the records is therefore
deemed by HHS to be for a purpose that
is compatible with the purpose for
which HHS collected the records.
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 under general statute or
particular program statute, or under
regulation, rule, or order issued
pursuant thereto, the fourth routine use
permits disclosure to the appropriate
agency, whether Federal, State, local,
foreign or tribal, or other public
authority or agency responsible for
enforcing, investigating or prosecuting
the 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.
The fifth routine use permits
disclosure to a Federal, State, local,
foreign, or tribal or other public
authority or agency of any portion of
this System of Records that contains
information relevant to the retention of
an employee, the retention of a security
clearance, the award of a grant or
contract, or the issuance or retention of
a license, patent or other monetary or
nonmonetary benefit. Another agency or
licensing organization may make a
request supported by the written
consent of the individual for the entire
record if it so chooses. No disclosures
shall be made unless the information
has been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action.
The sixth routine use permits
disclosure to a Federal, State, local or
foreign agency maintaining civil,
criminal, or other relevant enforcement
records, or other pertinent records, or to
another public authority or professional
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Jkt 208001
organization, if necessary to obtain
information relevant to an investigation
concerning the retention of an employee
or other personnel action, the retention
of a security clearance, the award of a
grant or contract, or the issuance or
retention of a license, patent or other
monetary or nonmonetary benefit.
Under the seventh routine use, where
Federal agencies having the power to
subpoena other Federal agencies’
records, such as the Internal Revenue
Service or the Civil Rights Commission,
issue a subpoena to HHS for records in
this System of Records, HHS may make
those records available.
The eighth routine use permits
disclosure to agency contractors,
experts, or consultants who have been
engaged by the agency to assist in the
performance of a service 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 (Act, also referred to as
‘‘Privacy Act’’), pursuant to 5 U.S.C.
552a(m).
The ninth routine use permits NIH to
disclose information from this System of
Records for the purpose of obtaining
patent protection for HHS inventions
and licenses for these and other HHS
inventions to: (a) Scientific personnel,
both in this agency and other
Government agencies, and in nonGovernmental organizations such as
universities, who possess the expertise
to understand the invention and
evaluate its importance as a scientific
advance; (b) contract patent counsel and
their employees and foreign contract
personnel retained by the Department
for patent searching and prosecution in
both the United States and foreign
patent offices; (c) all other Government
agencies whom HHS contacts regarding
the possible use, interest in, or
ownership rights in HHS inventions; (d)
prospective licensees or technology
finders who may further make the
invention available to the public
through sale or use; (e) parties, such as
supervisors of inventors, whom HHS
contacts to determine ownership rights,
and those parties contacting HHS to
determine the Government’s ownership;
and (f) the United States and foreign
patent offices involved in the filing of
HHS patent applications.
Under the tenth routine use, NIH shall
report to the Treasury Department,
Internal Revenue Service (IRS), as
taxable income, the amount of royalty
payment paid to HHS inventors.
The eleventh routine use permits NIH
to disclose information from this System
of Records to: (a) Potential clinical trial
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Fmt 4702
Sfmt 4702
participants, under the rules and
regulations governing the NIH human
subjects protections program, when an
investigator has any financial interests
that might be relevant for their
consideration when deciding whether or
not to participate in a trial and; (b) the
general public to reveal the
compensation that government
scientists receive on licensed inventions
generated during their government
work.
The following notice is written in the
present tense, rather than the future
tense, in order to avoid the unnecessary
expenditure of public funds to republish
the notice after the System has become
effective.
Dated June 6, 2006.
Colleen Barros,
Deputy Director for Management, NIH.
[FR Doc. E6–13211 Filed 8–11–06; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 235, and 252
RIN 0750–AF13
Defense Federal Acquisition
Regulation Supplement; ExportControlled Information and
Technology (DFARS Case 2004–D010)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address requirements for preventing
unauthorized disclosure of exportcontrolled information and technology
under DoD contracts.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
October 13, 2006, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2004–D010,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2004–D010 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Debra
E:\FR\FM\14AUP1.SGM
14AUP1
]]>Agencies
[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Proposed Rules]
[Pages 46432-46434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13211]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
45 CFR PART 5b
Privacy Act of 1974; Proposed Altered System of Records
AGENCY: National Institutes of Health (NIH), Department of Health and
Human Services (DHHS).
ACTION: Notification of proposed altered System of Records.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services proposes to alter
System of Records, 09-25-0168, ``Invention, Patent, and Licensing
Documents Submitted to the Public Health Service by its Employees,
Grantees, Fellowship Recipients, and Contractors, HHS/NIH/OD.'' NIH
proposes a new legal authority for the maintenance of the System to
read: 15 U.S.C. 3710, 3710a, 3710c & 3710d and 35 U.S.C. 200 et seq.
provide authority to maintain the records; 37 CFR Part 401 ``Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms
under Government Grants, Contracts, and Cooperative Agreements;'' 37
CFR Part 404 ``Licensing of Government Owned Inventions;'' and 45 CFR
Part 7 ``Employee Inventions.'' NIH is also
[[Page 46433]]
proposing new routine uses for this System.
These records will be maintained by the Office of Technology
Transfer (OTT), OIR/OD; Office of Financial Management (OFM), OD;
Office of Reports and Analysis (ORA), OER/OD; Health and Human Services
Technology Development Coordinators and HHS Contract Attorneys who
retain files supplemental to the records maintained by the Office of
Technology Transfer; and the Extramural Inventions and Technology
Resources Branch, OPERA/OER/OD.
DATES: Comments must be received on or before September 13, 2006. The
proposed altered System of Records will be effective 40 days from the
date submitted to the OMB, unless NIH receives comments that would
result in a contrary determination.
ADDRESSES: You may submit comments, identified by the Privacy Act
System of Record Number 09-25-0168, by any of the following methods:
Federal eRulemaking Portal: https://regulations.gov. Follow
the instructions for submitting comments.
E-mail: nihprivacyactofficer@mail.nih.gov. Include PA SOR
number 09-25-0168 in the subject line of the message.
Phone: 301/496-2832 (not a toll-free number).
Fax: 301/402-0169.
Mail: NIH Privacy Act Officer, Office of Management
Assessment, National Institutes of Health, 6011 Executive Boulevard,
Suite 601, MSC 7669, Rockville, Maryland 20892.
Hand Delivery/Courier: 6011 Executive Boulevard, Suite
601, MSC 7669, Rockville, Maryland 20892.
Comments received will be available for inspection and copying at this
same address from 9 a.m. to 3 p.m., Monday through Friday, Federal
holidays excepted.
SUPPLEMENTARY INFORMATION: The NIH proposes to alter System of Records,
No. 09-25-0168, ``Invention, Patent, and Licensing Documents Submitted
to the Public Health Service by its Employees, Grantees, Fellowship
Recipients, and Contractors, HHS/NIH/OD.'' This System of Records will
be used to: (1) Obtain patent protection of inventions when title is
assigned to HHS; (2) monitor the development of inventions made by
grantees and contractors and protect the government rights to patents
made with NIH support; (3) grant licenses to HHS inventions; and (4)
administer and provide royalty payments to HHS inventors.
This System of Records contains information such as inventor name,
address, social security number (required if inventor is receiving
royalties, otherwise optional), title and description of the invention,
Employee Invention Report (EIR) Number, Case/Serial Number, prior art
related to the invention, evaluation of the commercial potential of the
invention, prospective licensees' intended development of the
invention, associated patent prosecution and licensing documents and
royalty payment information.
This System also includes other documents developed or information
and material received by HHS from grantees and contractors who have
reported inventions made with HHS funding, as well as HHS employee
inventors who have assigned title to their inventions to HHS when HHS
has applied for patents, has been granted patents, and/or is receiving
royalties from patents. The records in this System may also contain
reports of action taken by the agency, and decisions and reports on
legal matters associated with invention, patent, and licensing matters.
This System also includes information and material received from
inventors and other collaborating persons, grantees, fellowship
recipients and contractors; other Federal agencies; scientific experts
from non-Government organizations; contract patent counsel and their
employees and foreign contract personnel; United States and foreign
patent offices; prospective licensees; HHS Technology Development
Coordinators, Internet and commercial databases, and third parties whom
HHS contacts to determine individual invention ownership or Government
ownership. These records are retrieved by name of the inventor,
Employee Invention Report (EIR) Number, or keywords relating to the
nature of the invention, Case/Serial Number, Licensing Number, internal
reference numbers, contractor, agency, Institute, and/or Center.
The records in this System are stored in file folders, computer
tapes, and computer disks. The records in this System will be
maintained in designated NIH offices in a secure manner compatible with
their content and use. During normal business hours, records at OTT are
managed by on-site contractor personnel who regulate availability of
the files. During evening and weekend hours the offices are locked and
the building is closed. These practices are in compliance with the
standards of the General Administration Manual, PHS Supplementary
Chapter 45-13 ``Safeguarding Records Contained in Systems of Records'';
and the HHS Automated Information Systems Security Program Handbook.
Data on computer files is accessed by password known only to
authorized users who are NIH or contractor employees involved in
patenting and licensing of HHS inventions or in keeping records of
inventions made by HHS contractors and grantees. Access to information
is thus limited to those with a need to know. Data stored in computers
will be accessed through the use of passwords known only to the
authorized users. A password is required to access the database. All
users of personal information in connection with the performance of
their jobs protect information, including confidential business
information submitted by potential licensees, from public view and from
unauthorized personnel entering an unsupervised office.
The records in this System are retained and disposed of under the
authority of the NIH Records Control Schedule contained in NIH Manual
Chapter 1743, Appendix 1--``Keeping and Destroying Records'' (HHS
Records Management Manual, Appendix B-361), item 1100-L, which allows
records to be kept for a maximum of thirty years. Refer to the NIH
Manual Chapter for specific disposition instructions.
The routine uses proposed for this System are compatible with the
stated purpose of the System and support the agency's administration of
invention, patent, and licensing programs and requirements:
The first routine use permits disclosure 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.
The second routine use permits the National Institutes of Health
(NIH), Department of Health and Human Services (HHS; also referred to
as ``Department'') to disclose information from this System of Records
to the Department of Justice when: (a) HHS or any component thereof; or
(b) any employee of HHS in their 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 the
litigation, and after careful review, HHS determines that the records
are both relevant and necessary to the litigation and the use of the
records by the Department of Justice is therefore deemed by HHS to be
for a purpose that is compatible with the purpose for which HHS
collected the records. Disclosure may also be made to the Department of
Justice to obtain legal
[[Page 46434]]
advice concerning issues raised by the records in this System.
The third routine use permits disclosure to a court or adjudicative
body of competent jurisdiction in a proceeding when: (a) HHS or any
component thereof; or (b) any employee of the agency in their official
capacity; or (c) any employee of HHS in their individual capacity where
HHS has agreed to represent the employee; or (d) the United States
Government is party to litigation or has an interest in the litigation,
and, after careful review, HHS determines that the records are both
relevant and necessary to the litigation and the use of the records is
therefore deemed by HHS to be for a purpose that is compatible with the
purpose for which HHS collected the records.
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 under general
statute or particular program statute, or under regulation, rule, or
order issued pursuant thereto, the fourth routine use permits
disclosure to the appropriate agency, whether Federal, State, local,
foreign or tribal, or other public authority or agency responsible for
enforcing, investigating or prosecuting the 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.
The fifth routine use permits disclosure to a Federal, State,
local, foreign, or tribal or other public authority or agency of any
portion of this System of Records that contains information relevant to
the retention of an employee, the retention of a security clearance,
the award of a grant or contract, or the issuance or retention of a
license, patent or other monetary or nonmonetary benefit. Another
agency or licensing organization may make a request supported by the
written consent of the individual for the entire record if it so
chooses. No disclosures shall be made unless the information has been
determined to be sufficiently reliable to support a referral to another
office within the agency or to another Federal agency for criminal,
civil, administrative, personnel, or regulatory action.
The sixth routine use permits disclosure to a Federal, State, local
or foreign agency maintaining civil, criminal, or other relevant
enforcement records, or other pertinent records, or to another public
authority or professional organization, if necessary to obtain
information relevant to an investigation concerning the retention of an
employee or other personnel action, the retention of a security
clearance, the award of a grant or contract, or the issuance or
retention of a license, patent or other monetary or nonmonetary
benefit.
Under the seventh routine use, where Federal agencies having the
power to subpoena other Federal agencies' records, such as the Internal
Revenue Service or the Civil Rights Commission, issue a subpoena to HHS
for records in this System of Records, HHS may make those records
available.
The eighth routine use permits disclosure to agency contractors,
experts, or consultants who have been engaged by the agency to assist
in the performance of a service 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 (Act, also referred to as
``Privacy Act''), pursuant to 5 U.S.C. 552a(m).
The ninth routine use permits NIH to disclose information from this
System of Records for the purpose of obtaining patent protection for
HHS inventions and licenses for these and other HHS inventions to: (a)
Scientific personnel, both in this agency and other Government
agencies, and in non-Governmental organizations such as universities,
who possess the expertise to understand the invention and evaluate its
importance as a scientific advance; (b) contract patent counsel and
their employees and foreign contract personnel retained by the
Department for patent searching and prosecution in both the United
States and foreign patent offices; (c) all other Government agencies
whom HHS contacts regarding the possible use, interest in, or ownership
rights in HHS inventions; (d) prospective licensees or technology
finders who may further make the invention available to the public
through sale or use; (e) parties, such as supervisors of inventors,
whom HHS contacts to determine ownership rights, and those parties
contacting HHS to determine the Government's ownership; and (f) the
United States and foreign patent offices involved in the filing of HHS
patent applications.
Under the tenth routine use, NIH shall report to the Treasury
Department, Internal Revenue Service (IRS), as taxable income, the
amount of royalty payment paid to HHS inventors.
The eleventh routine use permits NIH to disclose information from
this System of Records to: (a) Potential clinical trial participants,
under the rules and regulations governing the NIH human subjects
protections program, when an investigator has any financial interests
that might be relevant for their consideration when deciding whether or
not to participate in a trial and; (b) the general public to reveal the
compensation that government scientists receive on licensed inventions
generated during their government work.
The following notice is written in the present tense, rather than
the future tense, in order to avoid the unnecessary expenditure of
public funds to republish the notice after the System has become
effective.
Dated June 6, 2006.
Colleen Barros,
Deputy Director for Management, NIH.
[FR Doc. E6-13211 Filed 8-11-06; 8:45 am]
BILLING CODE 4140-01-P
