Privacy Act of 1974; Revisions to OIG's Privacy Act System of Records: Criminal Investigative Files, 11650-11652 [E8-4105]
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11650
Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices
where any lot of the food has entered
distribution in commerce (§§ 108.25(d)
and 108.35(d) and (e)); and to develop
and keep on file plans for recalling
products that may endanger the public
health (§§ 108.25(e) and 108.35(f)). To
permit lots to be traced after
distribution, acidified foods and
thermally processed low-acid foods in
hermetically sealed containers must be
marked with an identifying code
(§§ 113.60(c) (thermally processed
foods) and 114.80(b) (acidified foods)).
FDA estimates the burden of this
collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Form No.
21 CFR Section
No. of
Respondents
Annual Frequency
per Response
Total Annual
Responses
Form FDA 2541 (Registration)
108.25 and 108.35
515
1
Form FDA 2541a (Process Filing)
108.25 and 108.35
1,489
8.62
12,835
Form FDA 2541c (Process Filing)
108.35
84
7.77
Hours per
Response
515
653
.17
88
.333
.75
Total
1 There
Total Hours
4,274
490
4,852
are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
No. of
Recordkeepers
21 CFR Part
113 and 114
1 There
8,950
Total Annual
Records
1
Hours per
Recordkeeper
8,950
250
Total Hours
2,237,500
are no capital costs or operating and maintenance costs associated with this collection of information.
FDA based its estimate on
registrations and process filings
received over the past 3 years. The
reporting burden for §§ 108.25(d) and
108.35(d) and (e) is minimal because
notification of spoilage, process
deviation or contamination of product
in distribution occurs less than once a
year. Most firms discover these
problems before the product is
distributed and, therefore, are not
required to report the occurrence. To
avoid double-counting, estimates for
§§ 108.25(g) and 108.35(h) have not
been included because they merely
cross-reference recordkeeping
requirements contained in parts 113 and
114.
Please note that on January 15, 2008,
the FDA Web site transitioned to the
Federal Dockets Management System
(FDMS). FDMS is a Government-wide,
electronic docket management system.
Electronic submissions will be accepted
by FDA through FDMS only.
Dated: February 26, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8–4067 Filed 3–3–08; 8:45 am]
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Annual Frequency
of Recordkeeping
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Inspector General
Privacy Act of 1974; Revisions to OIG’s
Privacy Act System of Records:
Criminal Investigative Files
Office of Inspector General
(OIG), HHS.
AGENCY:
Notice of proposed revisions to
existing Privacy Act systems of records.
ACTION:
SUMMARY: The Office of Inspector
General (OIG) proposes to revise and
update the existing system of records,
entitled ‘‘Criminal Investigative Files’’
(09–90–0003). This proposed notice is
in accordance with the Privacy Act
requirement that agencies publish their
amended systems of records in the
Federal Register when there is a
revision, change, or addition. This
system of records, maintained by OIG,
was last revised and updated on
December 8, 2006.
Effective Date: These revisions
will become effective without further
notice on April 18, 2008 unless
comments received on or before that
date result in a contrary determination.
Comment Date: Comments on these
revisions will be considered if we
receive them at the addresses provided
below no later than 5 p.m. on April 3,
2008. Interested parties may submit
written comments on this proposed
revision to the addresses indicated
below.
DATES:
PO 00000
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In commenting, please refer
to file code OIG–793-PN. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
three ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on specific
recommendations and proposals
through the Federal eRulemaking Portal
at https://www.regulations.gov.
(Attachments should be in Microsoft
Word, if possible.)
2. By regular, express, or overnight
mail. You may send written comments
to the following address: Office of
Inspector General, Department of Health
and Human Services, Attention: OIG–
793–PN, Room 5246, Cohen Building,
330 Independence Avenue, SW.,
Washington, DC 20201. Please allow
sufficient time for mailed comments to
be received before the close of the
comment period.
3. By hand or courier. If you prefer,
you may deliver, by hand or courier,
your written comments before the close
period to Office of Inspector General,
Department of Health and Human
Services, Cohen Building, 330
Independence Avenue, SW.,
Washington, DC 20201. Because access
to the interior of the Cohen Building is
not readily available to persons without
Federal Government identification,
commenters are encouraged to schedule
their delivery with one of our staff
members at (202) 358–3141.
ADDRESSES:
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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices
FOR FURTHER INFORMATION CONTACT:
Joel
Schaer, Regulations Officer, Office of
External Affairs, (202) 619–0089.
Dated: February 27, 2008.
Daniel R. Levinson,
Inspector General.
In
accordance with the Inspector General
Act of 1978, 5 U.S.C. App. 3, the
Criminal Investigative Files system of
records is maintained for the purpose of
(1) conducting, documenting, and
tracking investigations conducted by
OIG or other investigative agencies
regarding HHS programs and
operations; (2) documenting the
outcome of OIG reviews of allegations
and complaints received concerning
HHS programs and operations; (3)
aiding in prosecutions brought against
the subjects of OIG investigations; (4)
maintaining a record of the activities
that were the subject of investigations;
(5) reporting the results of OIG
investigations to other departmental
components for their use in operating
and evaluating their programs and the
imposition of civil or administrative
sanctions; and (6) acting as a repository
and source for information necessary to
fulfill the reporting requirements of 5
U.S.C. App. 3.
In accordance with the Privacy Act
requirement, agencies are to publish
their amended systems of records in the
Federal Register when there is a
revision, change, or addition. This
system of records was last revised and
updated on December 8, 2006 (71 FR
71180), by updating the ‘‘Systems
Location’’ section of that document.
OIG has reviewed and is now
proposing to revise the criminal
investigative file system of records by
(1) amending the ‘‘Routine Uses of
Records Maintained in the System’’
section by adding a new paragraph o. to
address the requirement for a routine
use for the disclosure of information in
the investigation of data breaches of
Personally Identifiable Information, in
accordance with Office of Management
and Budget Memorandum M–07–16;
and (2) amending the ‘‘Policies and
Practices for Storing, Retrieving,
Reviewing, Retaining, and Disposing of
Records in the Storage System’’ portion
of the system of records to update the
discussion on access methods for the
mainframe and the storage location of
data so that it is consistent with current
technology. OIG will accept and
consider comments and feedback in
response to only the specific revisions
to the current system of records
addressed in this notice.
This proposed change will not
otherwise increase access to these
records.
SYSTEM NAME:
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SUPPLEMENTARY INFORMATION:
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Criminal Investigative Files of the
Inspector General HHS/OS/OIG.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Inspector General, HHS,
Room 5409, Wilbur J. Cohen Bldg., 330
Independence Avenue, SW.,
Washington, DC 20201.
Region 1, Office of Investigations (OI),
OIG, JFK Federal Building, Room 2475,
Boston, Massachusetts 02203.
Region 2, OI, OIG, 26 Federal Plaza,
Room 13–124, New York, New York
10278.
Region 3, OI, OIG, Public Ledger
Bldg., 150 South Independence Mall
West, Suite 326, Philadelphia,
Pennsylvania 19106.
Region 4, OI, OIG, Atlanta Federal
Office, 61 Forsyth Street, SW., Suite
5T18, Atlanta, Georgia 30303.
Region 5, OI, OIG, 233 North
Michigan Avenue, Suite 1330, Chicago,
Illinois 60601.
Region 6, OI, OIG, 1100 Commerce
Street, Room 629, Dallas, Texas 75242.
Region 7, OI, OIG, 1201 Walnut, Suite
920, Kansas City, Missouri 64106.
Region 9, OI, OIG, 50 United Nations
Plaza, Room 174, San Francisco,
California 94102.
Los Angeles Region, OI, OIG, 600
West Santa Ana Blvd., Suite 1100, Santa
Ana, California 92701.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals relevant to a criminal
investigation, including but not limited
to the subjects of an investigation,
complainants, and key witnesses where
necessary for future retrieval.
CATEGORIES OF RECORDS IN THE SYSTEM:
Criminal investigative files and
extracts from that file consisting of
computerized case management and
tracking files.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, 5
U.S.C. App. 3, authorizes Inspectors
General to conduct, supervise, and
coordinate investigations relating to the
programs and operations of their
respective agencies.
PURPOSE(S):
Pursuant to the Inspector General Act
of 1978, 5 U.S.C. App. 3, this system is
maintained for the purpose of
conducting, documenting, and tracking
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11651
investigations conducted by OIG or
other investigative agencies regarding
HHS programs and operations,
documenting the outcome of OIG
reviews of allegations and complaints
received concerning HHS programs and
operations, aiding in prosecutions
brought against the subjects of OIG
investigations, maintaining a record of
the activities that were the subject of
investigations, reporting the results of
OIG investigations to other
departmental components for their use
in operating and evaluating their
programs and the imposition of civil or
administrative sanctions, and acting as
a repository and source for information
necessary to fulfill the reporting
requirements of 5 U.S.C. App. 3.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSE OF SUCH USES:
a. Information from this system of
records may be disclosed to any other
Federal agency or any foreign, State, or
local government agency responsible for
enforcing, investigating, or prosecuting
violations of administrative, civil, or
criminal law or regulation where that
information is relevant to an
enforcement proceeding, investigation,
or prosecution within the agency’s
jurisdiction.
b. Information from this system of
records may be disclosed to (1) The
Department of Justice in connection
with requests for legal advice and in
connection with actual or potential
criminal prosecutions or civil litigation
pertaining to the Office of Inspector
General, and (2) a Federal or State grand
jury, a Federal or State court,
administrative tribunal, opposing
counsel, or witnesses in the course of
civil or criminal proceedings pertaining
to the Office of Inspector General.
c. Information in this system of
records may be disclosed 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 license, grant or other benefit.
d. Information in this system of
records 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 the requesting
agency’s decision on the matter.
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e. Relevant information may be
disclosed from this system of records to
the news media and general public
where there exists a legitimate public
interest, e.g., to provide information on
events in the criminal process, such as
indictments, and where necessary, for
protection from imminent threat to life
or property.
f. Where Federal agencies having the
power to subpoena other Federal
agencies’ records, such as the Internal
Revenue Service, or issue a subpoena to
the department for records in this
system or records, the department will
make such records available.
g. When the department contemplates
that it will contract with a private firm
for the purpose of collating, analyzing,
aggregating or otherwise refining
records in this system, relevant records
will be disclosed to such contractor. The
contractor shall be required to maintain
Privacy Act safeguards with respect to
such records.
h. Disclosures may be made to
organizations deemed qualified by the
Secretary to carry out quality
assessments.
i. Information from this system of
records may be disclosed in the course
of employee discipline of competence
determination proceedings.
j. Disclosures may be made to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
k. Information from this system of
records may be disclosed to the
Department of Justice, to a judicial or
administrative tribunal, opposing
counsel, and witnesses, in the course of
proceedings involving HHS, an HHS
employee (where the matter pertains to
the employee’s official duties), or the
United States, or any agency thereof
where the litigation is likely to affect
HHS, or HHS is a party or has an
interest in the litigation and the use of
the information is relevant and
necessary to the litigation.
l. Information of this system of
records may be disclosed to a Federal,
State or local agency maintaining
pertinent records, if necessary, to obtain
a record relevant to a department
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.
m. Information from this system of
records may be disclosed to third party
contacts, including public and private
organizations, in order to obtain
information relevant and necessary to
the investigation of potential violations
in HHS programs and operations, or
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where disclosure would enable the OIG
to identify violations in HHS programs
or operations or otherwise assist the OIG
in pursuing on-going investigations.
n. A record may be disclosed to any
official charged with the responsibility
to conduct qualitative assessment
reviews of internal safeguards and
management procedures employed in
investigative operations. This disclosure
category includes members of the
President’s Council on Integrity and
Efficiency and officials and
administrative staff within their
investigative chain of command, as well
as authorized officials of the Department
of Justice and the Federal Bureau of
Investigation.
o. A record may be disclosed to
appropriate Federal agencies and
Department contractors that have a need
to know the information for the purpose
of assisting the Department’s efforts to
respond to a suspected or confirmed
breach of the security or confidentiality
of information maintained in this
system of records, and the information
disclosed is relevant and necessary for
that assistance.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, REVIEWING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
safeguarded in accordance with the
provisions of the National Institute of
Standards and Technology, OMB
Memoranda, and HHS Information
Security policies and guidelines.
RETENTION AND DISPOSAL:
Investigative files are retained for 10
years after completion of the
investigation and/or action based
thereon. Paper and computer indices are
retained permanently. The records
control schedule and disposal standards
may be obtained by writing to the
Systems Manager at the address below.
SYSTEM MANAGER(S) AND ADDRESS:
Inspector General, Room 5250, Wilbur
J. Cohen Building, Department of Health
and Human Services, 330 Independence
Avenue, SW., Washington, DC 20201.
NOTIFICATION PROCEDURES:
Exempt. However, consideration will
be given requests addressed to the
system manager. For general inquiries, it
would be helpful if the request included
date of birth and Social Security
number, as well as the name of the
individual.
The records, which take the form of
index cards, investigative reports,
microcomputer disks, drives and/or
CDs, files and printed listings are
maintained under secure conditions in
limited access areas. Written documents
and computer disks are maintained in
secure rooms, in security type safes or
in lock bar file cabinets with
manipulation proof combination locks.
Computer servers containing files are
locked in controlled-access rooms.
Laptops that may contain files are
protected with whole-disk encryption.
RECORDS ACCESS PROCEDURE:
RETRIEVABILITY:
RECORD SOURCE CATEGORIES:
Records are retrievable by manual or
computer search of indices containing
the name or Social Security number of
the individual to whom the record
applies. Records may be crossreferenced by case or complaint
number.
OIG collects information from a wide
variety of sources, including
information from the Department and
other Federal, State, and local agencies,
witnesses, complaints and other
nongovernmental sources.
SAFEGUARDS:
Records are maintained in a restricted
area and accessed only by Department
personnel. Access within OIG is strictly
limited to authorized staff members. All
employees are given instructions on the
sensitivity of such files and the
restrictions on disclosure. Access within
HHS is strictly limited to the Secretary,
Under-Secretary, and other officials and
employees on a need-to-know basis. All
files and printed materials are
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Same as notification procedures.
Requestors should also reasonably
specify the record contents being
sought.
CONTESTING RECORD PROCEDURES:
Contact the system manager at the
address specified above, and reasonably
identify the record, specify the
information to be contested, and the
corrective action sought with supporting
justification.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
In accordance with subsection (j)(2) of
the Privacy Act, 5 U.S.C. 552a(j)(2), the
Secretary has exempted this system
from the access, amendment, correction,
and notification provisions of the Act, 5
U.S.C. 552a(c)(3), (d)(1)–(4), (e)(3), and
(e)(4)(G) and (H).
[FR Doc. E8–4105 Filed 3–3–08; 8:45 am]
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]]>Agencies
[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Pages 11650-11652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4105]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Inspector General
Privacy Act of 1974; Revisions to OIG's Privacy Act System of
Records: Criminal Investigative Files
AGENCY: Office of Inspector General (OIG), HHS.
ACTION: Notice of proposed revisions to existing Privacy Act systems of
records.
-----------------------------------------------------------------------
SUMMARY: The Office of Inspector General (OIG) proposes to revise and
update the existing system of records, entitled ``Criminal
Investigative Files'' (09-90-0003). This proposed notice is in
accordance with the Privacy Act requirement that agencies publish their
amended systems of records in the Federal Register when there is a
revision, change, or addition. This system of records, maintained by
OIG, was last revised and updated on December 8, 2006.
DATES: Effective Date: These revisions will become effective without
further notice on April 18, 2008 unless comments received on or before
that date result in a contrary determination.
Comment Date: Comments on these revisions will be considered if we
receive them at the addresses provided below no later than 5 p.m. on
April 3, 2008. Interested parties may submit written comments on this
proposed revision to the addresses indicated below.
ADDRESSES: In commenting, please refer to file code OIG-793-PN. Because
of staff and resource limitations, we cannot accept comments by
facsimile (FAX) transmission.
You may submit comments in one of three ways (no duplicates,
please):
1. Electronically. You may submit electronic comments on specific
recommendations and proposals through the Federal eRulemaking Portal at
https://www.regulations.gov. (Attachments should be in Microsoft Word,
if possible.)
2. By regular, express, or overnight mail. You may send written
comments to the following address: Office of Inspector General,
Department of Health and Human Services, Attention: OIG-793-PN, Room
5246, Cohen Building, 330 Independence Avenue, SW., Washington, DC
20201. Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By hand or courier. If you prefer, you may deliver, by hand or
courier, your written comments before the close period to Office of
Inspector General, Department of Health and Human Services, Cohen
Building, 330 Independence Avenue, SW., Washington, DC 20201. Because
access to the interior of the Cohen Building is not readily available
to persons without Federal Government identification, commenters are
encouraged to schedule their delivery with one of our staff members at
(202) 358-3141.
[[Page 11651]]
FOR FURTHER INFORMATION CONTACT: Joel Schaer, Regulations Officer,
Office of External Affairs, (202) 619-0089.
SUPPLEMENTARY INFORMATION: In accordance with the Inspector General Act
of 1978, 5 U.S.C. App. 3, the Criminal Investigative Files system of
records is maintained for the purpose of (1) conducting, documenting,
and tracking investigations conducted by OIG or other investigative
agencies regarding HHS programs and operations; (2) documenting the
outcome of OIG reviews of allegations and complaints received
concerning HHS programs and operations; (3) aiding in prosecutions
brought against the subjects of OIG investigations; (4) maintaining a
record of the activities that were the subject of investigations; (5)
reporting the results of OIG investigations to other departmental
components for their use in operating and evaluating their programs and
the imposition of civil or administrative sanctions; and (6) acting as
a repository and source for information necessary to fulfill the
reporting requirements of 5 U.S.C. App. 3.
In accordance with the Privacy Act requirement, agencies are to
publish their amended systems of records in the Federal Register when
there is a revision, change, or addition. This system of records was
last revised and updated on December 8, 2006 (71 FR 71180), by updating
the ``Systems Location'' section of that document.
OIG has reviewed and is now proposing to revise the criminal
investigative file system of records by (1) amending the ``Routine Uses
of Records Maintained in the System'' section by adding a new paragraph
o. to address the requirement for a routine use for the disclosure of
information in the investigation of data breaches of Personally
Identifiable Information, in accordance with Office of Management and
Budget Memorandum M-07-16; and (2) amending the ``Policies and
Practices for Storing, Retrieving, Reviewing, Retaining, and Disposing
of Records in the Storage System'' portion of the system of records to
update the discussion on access methods for the mainframe and the
storage location of data so that it is consistent with current
technology. OIG will accept and consider comments and feedback in
response to only the specific revisions to the current system of
records addressed in this notice.
This proposed change will not otherwise increase access to these
records.
Dated: February 27, 2008.
Daniel R. Levinson,
Inspector General.
SYSTEM NAME:
Criminal Investigative Files of the Inspector General HHS/OS/OIG.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Inspector General, HHS, Room 5409, Wilbur J. Cohen Bldg.,
330 Independence Avenue, SW., Washington, DC 20201.
Region 1, Office of Investigations (OI), OIG, JFK Federal Building,
Room 2475, Boston, Massachusetts 02203.
Region 2, OI, OIG, 26 Federal Plaza, Room 13-124, New York, New
York 10278.
Region 3, OI, OIG, Public Ledger Bldg., 150 South Independence Mall
West, Suite 326, Philadelphia, Pennsylvania 19106.
Region 4, OI, OIG, Atlanta Federal Office, 61 Forsyth Street, SW.,
Suite 5T18, Atlanta, Georgia 30303.
Region 5, OI, OIG, 233 North Michigan Avenue, Suite 1330, Chicago,
Illinois 60601.
Region 6, OI, OIG, 1100 Commerce Street, Room 629, Dallas, Texas
75242.
Region 7, OI, OIG, 1201 Walnut, Suite 920, Kansas City, Missouri
64106.
Region 9, OI, OIG, 50 United Nations Plaza, Room 174, San
Francisco, California 94102.
Los Angeles Region, OI, OIG, 600 West Santa Ana Blvd., Suite 1100,
Santa Ana, California 92701.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals relevant to a criminal investigation, including but not
limited to the subjects of an investigation, complainants, and key
witnesses where necessary for future retrieval.
CATEGORIES OF RECORDS IN THE SYSTEM:
Criminal investigative files and extracts from that file consisting
of computerized case management and tracking files.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, 5 U.S.C. App. 3, authorizes
Inspectors General to conduct, supervise, and coordinate investigations
relating to the programs and operations of their respective agencies.
PURPOSE(S):
Pursuant to the Inspector General Act of 1978, 5 U.S.C. App. 3,
this system is maintained for the purpose of conducting, documenting,
and tracking investigations conducted by OIG or other investigative
agencies regarding HHS programs and operations, documenting the outcome
of OIG reviews of allegations and complaints received concerning HHS
programs and operations, aiding in prosecutions brought against the
subjects of OIG investigations, maintaining a record of the activities
that were the subject of investigations, reporting the results of OIG
investigations to other departmental components for their use in
operating and evaluating their programs and the imposition of civil or
administrative sanctions, and acting as a repository and source for
information necessary to fulfill the reporting requirements of 5 U.S.C.
App. 3.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSE OF SUCH USES:
a. Information from this system of records may be disclosed to any
other Federal agency or any foreign, State, or local government agency
responsible for enforcing, investigating, or prosecuting violations of
administrative, civil, or criminal law or regulation where that
information is relevant to an enforcement proceeding, investigation, or
prosecution within the agency's jurisdiction.
b. Information from this system of records may be disclosed to (1)
The Department of Justice in connection with requests for legal advice
and in connection with actual or potential criminal prosecutions or
civil litigation pertaining to the Office of Inspector General, and (2)
a Federal or State grand jury, a Federal or State court, administrative
tribunal, opposing counsel, or witnesses in the course of civil or
criminal proceedings pertaining to the Office of Inspector General.
c. Information in this system of records may be disclosed 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 license, grant or other benefit.
d. Information in this system of records 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 the requesting agency's decision on the matter.
[[Page 11652]]
e. Relevant information may be disclosed from this system of
records to the news media and general public where there exists a
legitimate public interest, e.g., to provide information on events in
the criminal process, such as indictments, and where necessary, for
protection from imminent threat to life or property.
f. Where Federal agencies having the power to subpoena other
Federal agencies' records, such as the Internal Revenue Service, or
issue a subpoena to the department for records in this system or
records, the department will make such records available.
g. When the department contemplates that it will contract with a
private firm for the purpose of collating, analyzing, aggregating or
otherwise refining records in this system, relevant records will be
disclosed to such contractor. The contractor shall be required to
maintain Privacy Act safeguards with respect to such records.
h. Disclosures may be made to organizations deemed qualified by the
Secretary to carry out quality assessments.
i. Information from this system of records may be disclosed in the
course of employee discipline of competence determination proceedings.
j. Disclosures may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual.
k. Information from this system of records may be disclosed to the
Department of Justice, to a judicial or administrative tribunal,
opposing counsel, and witnesses, in the course of proceedings involving
HHS, an HHS employee (where the matter pertains to the employee's
official duties), or the United States, or any agency thereof where the
litigation is likely to affect HHS, or HHS is a party or has an
interest in the litigation and the use of the information is relevant
and necessary to the litigation.
l. Information of this system of records may be disclosed to a
Federal, State or local agency maintaining pertinent records, if
necessary, to obtain a record relevant to a department 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.
m. Information from this system of records may be disclosed to
third party contacts, including public and private organizations, in
order to obtain information relevant and necessary to the investigation
of potential violations in HHS programs and operations, or where
disclosure would enable the OIG to identify violations in HHS programs
or operations or otherwise assist the OIG in pursuing on-going
investigations.
n. A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews of internal
safeguards and management procedures employed in investigative
operations. This disclosure category includes members of the
President's Council on Integrity and Efficiency and officials and
administrative staff within their investigative chain of command, as
well as authorized officials of the Department of Justice and the
Federal Bureau of Investigation.
o. A record may be disclosed to appropriate Federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
maintained in this system of records, and the information disclosed is
relevant and necessary for that assistance.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, REVIEWING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE:
The records, which take the form of index cards, investigative
reports, microcomputer disks, drives and/or CDs, files and printed
listings are maintained under secure conditions in limited access
areas. Written documents and computer disks are maintained in secure
rooms, in security type safes or in lock bar file cabinets with
manipulation proof combination locks. Computer servers containing files
are locked in controlled-access rooms. Laptops that may contain files
are protected with whole-disk encryption.
RETRIEVABILITY:
Records are retrievable by manual or computer search of indices
containing the name or Social Security number of the individual to whom
the record applies. Records may be cross-referenced by case or
complaint number.
SAFEGUARDS:
Records are maintained in a restricted area and accessed only by
Department personnel. Access within OIG is strictly limited to
authorized staff members. All employees are given instructions on the
sensitivity of such files and the restrictions on disclosure. Access
within HHS is strictly limited to the Secretary, Under-Secretary, and
other officials and employees on a need-to-know basis. All files and
printed materials are safeguarded in accordance with the provisions of
the National Institute of Standards and Technology, OMB Memoranda, and
HHS Information Security policies and guidelines.
RETENTION AND DISPOSAL:
Investigative files are retained for 10 years after completion of
the investigation and/or action based thereon. Paper and computer
indices are retained permanently. The records control schedule and
disposal standards may be obtained by writing to the Systems Manager at
the address below.
SYSTEM MANAGER(S) AND ADDRESS:
Inspector General, Room 5250, Wilbur J. Cohen Building, Department
of Health and Human Services, 330 Independence Avenue, SW., Washington,
DC 20201.
NOTIFICATION PROCEDURES:
Exempt. However, consideration will be given requests addressed to
the system manager. For general inquiries, it would be helpful if the
request included date of birth and Social Security number, as well as
the name of the individual.
RECORDS ACCESS PROCEDURE:
Same as notification procedures. Requestors should also reasonably
specify the record contents being sought.
CONTESTING RECORD PROCEDURES:
Contact the system manager at the address specified above, and
reasonably identify the record, specify the information to be
contested, and the corrective action sought with supporting
justification.
RECORD SOURCE CATEGORIES:
OIG collects information from a wide variety of sources, including
information from the Department and other Federal, State, and local
agencies, witnesses, complaints and other nongovernmental sources.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with subsection (j)(2) of the Privacy Act, 5 U.S.C.
552a(j)(2), the Secretary has exempted this system from the access,
amendment, correction, and notification provisions of the Act, 5 U.S.C.
552a(c)(3), (d)(1)-(4), (e)(3), and (e)(4)(G) and (H).
[FR Doc. E8-4105 Filed 3-3-08; 8:45 am]
BILLING CODE 4152-01-P
