Office of the Secretary January 16, 2009 – Federal Register Recent Federal Regulation Documents

Privacy Act of 1974: Department of Homeland Security-024 Facility and Perimeter Access Control and Visitor Management.
Document Number: E9-935
Type: Proposed Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security024 Facility and Perimeter Access Control and Visitor Management system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; System of Records
Document Number: E9-934
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove one system of records notice from its inventory of record systems because Citizenship and Immigration Services, Customs and Border Protection, and Immigration and Customs Enforcement no longer requires the system. The obsolete system is Justice/INS-001 the Immigration and Naturalization Service Index System.
Privacy Act of 1974; System of Records
Document Number: E9-933
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove one system of records notice from its inventory of record systems because Immigration and Customs Enforcement no longer requires the system. The obsolete system is: Treasury/CS.186 Personnel Search System.
Privacy Act of 1974; Department of Homeland Security-024 Facility and Perimeter Access Control and Visitor Management System of Records
Document Number: E9-928
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security proposes to consolidate into a new Department of Homeland Security system of records notice titled, DHS/All024 Facility and Perimeter Access Control and Visitor Management System of Records: Treasury/ CS.081 Dock Passes, October 18, 2001, Justice/INS-014 Security Access Control System, January 22, 2001, and to partially consolidate DHS/OS- 001 Office of Security File System, September 12, 2006, and FEMA/SEC-1 Security Support System, September 7, 1990. Categories of individuals, categories of records, and the routine uses of this legacy system have been reviewed and updated to better reflect the Department's facility and perimeter access control and visitor management record system. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department's Facility and Perimeter Access Control and Visitor Management systems often overlap with other security-related activities. Accordingly, data within each of the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. Further, this system of records is separate from DHS-OS-2006-047 Personal Identify Verification Management System which supports the administration of the HSPD-12 program that directs the use of a common identification credential for both logical and physical access to federally controlled facilities and information systems while enhancing security, increasing efficiency, identifying and reducing fraud, and protecting personally identifiable information. Records within this system apply only to perimeters and facilities where access is controlled by the Department of Homeland Security. This system of records does not apply to (1) facilities where the Department's components or offices have a presence but where the General Services Administration has an established contract for security services or (2) facilities where Immigration and Custom Enforcement's Federal Protective Service provides oversight on the contract. Exclusion is made to perimeters and facilities secured by the United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not included under this system of records. This consolidated system will be included in the DHS inventory of record systems.
Privacy Act of 1974: Department of Homeland Security-025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security
Document Number: E9-926
Type: Proposed Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Department of Homeland Security-023 Personnel Security Management
Document Number: E9-925
Type: Proposed Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security023 Personnel Security Management system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; Department of Homeland Security-023 Personnel Security Management System of Records
Document Number: E9-924
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update system of records notices, the Department of Homeland Security proposes to consolidate into a new Department of Homeland Security system of records notice titled, Personnel Security Management System of Records: Treasury/CS.270 Background-Record File of Non-Customs Employees, Treasury/CS.284 Personnel Verification System, and DOT/CG 611 Investigative Case System, and partially consolidate DHS/OS-001 Office of Security File System and FEMA/SEC-1 Security Support System. Categories of individuals, categories of records, and the routine uses of these legacy systems have been reviewed and updated to better reflect the Department's personnel security management record system. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department's Personnel Security program often overlap with other security-related activities such as access control and investigatory records. Accordingly, data within each of the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security-025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security
Document Number: E9-923
Type: Notice
Date: 2009-01-16
Agency: Department of Homeland Security, Office of the Secretary
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to partially consolidate DHS-OS-001 Office of Security File System, (September 12, 2006), into a new Department- wide record system titled, Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security System of Records. Categories of individuals, categories of records, and the routine uses of this legacy system have been reviewed and updated to better reflect the Department's law enforcement records associated with the protection of property owned or occupied by the Department of Homeland Security. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department in the protection of property owned or occupied by Department of Homeland Security often overlaps with other security-related activities. Accordingly, data within the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. Exclusion is made to perimeters and facilities secured by the United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not included under this system of records. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.
Defense Science Board
Document Number: E9-885
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Defense
The Defense Science Board will meet in closed session on February 4 and 5, 2009; at the Pentagon, Arlington, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim finding and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security.
Renewal of Department of Defense Federal Advisory Committees
Document Number: E9-883
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Defense
Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Inland Waterways Users Board (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established under the provisions of 33 U.S.C. 2251(a), to provide the Secretary of Defense, through the Secretary of the Army and the Assistant Secretary of the Army for Civil works, independent advice and recommendations on matters relating to construction and rehabilitation priorities and spending levels on the commercial navigational features and components of U.S. inland waterways and inland harbors as defined in Public Law 95-502 and amended by Public Law 99-682. The board shall annually file their recommendations with the Secretary of the Army and with the Congress. The Secretary of the Army or designee may act upon the advice of the Board. Pursuant to 33 U.S.C. 2251(a), the Board shall be composed of eleven members selected by the Secretary of the Army and appointed by the Secretary of Defense. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intracoastal waterways for commercial purposes. Due consideration shall be given to assure a balance among the members based on the ton-mile shipments of the various categories of commodities shipped on inland waterways. The Board members shall serve two-year terms, with their appointments renewed on an annual basis. No member, unless otherwise selected by the Secretary of the Army or designee and approved by the Secretary of Defense, shall serve more than four consecutive years on the Board. Appointments vacated prior to the expiration of the term of said appointment shall be filled only for the remainder of the term. The Secretary of the Army shall choose, and the Secretaries of Agriculture, Transportation, and Commerce may designate, representatives to act as non-voting observers of the Board. In addition, the Secretary of the Army or designee through the Secretary of Defense may appoint consultants with special expertise to assist the Board on an ad hoc basis. Board Members appointed by the Secretary of Defense, who are not full-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as Special Government employees. Pursuant to 10 U.S.C. 1114(a)(3), the members shall serve with the exception of travel and per diem for official travel without compensation. The Secretary of the Army shall select the Board's Chairman and Vice Chairman from the total membership, and these individuals shall serve at the discretion of the Secretary of the Army or designee. The Vice Chairman will act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. The Board is authorized to establish subcommittees, as necessary and consistent with its mission, and these Subcommittees or Work Groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such Subcommittees or Work Groups shall not work independently of the chartered Board, and shall report their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or Working Groups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board Members.
Renewal of Department of Defense Federal Advisory Committees
Document Number: E9-879
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Defense
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Transformation Advisory Group (hereafter referred to as the Group). The Group is a discretionary federal advisory committee established to provide the Secretary of Defense, through the Chairman of the Joint Chiefs of Staff and the Commander, U.S. Joint Forces Command, independent advice and recommendations on strategic, scientific technical, intelligence and policy-related issues to the Nation's joint enterprise, and U.S. Joint Forces Command, with emphasis on how these issues relate to the shaping of the command's efforts today and in the future. The Group shall be composed of no more than twenty four members who are recognized experts and leaders in their fields. These areas of expertise include, but are not limited to, innovation, development, strategic communications, logistics, technologies, business practices, military, government, education, training, intelligence and appropriations. The Secretary of Defense shall appoint group members, and their appointments will be renewed on an annual basis. Group Members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal employees, are appointed as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as Special Government employees. Pursuant to 10 U.S.C. 1114(a)(3), the members shall serve with the exception of travel and per diem for official travel without compensation. The Chairperson of the Group shall be designated by the Commander, U.S. Joint Forces Command, on behalf of the Secretary of Defense. The Group is authorized to establish Subcommittees, as necessary and consistent with its mission, and these Subcommittees shall operate under the provisions of the Federal Advisory Committee Act, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such Subcommittees shall not work independently of the chartered Group, and shall report their recommendations and advice to the Group for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Group nor can they report directly to the Department of Defense or any Federal officers or employees who are not Group Members.
Submission for OMB Review; Comment Request
Document Number: E9-878
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Defense
Defense Acquisition Regulations (DAR) System
Document Number: E9-877
Type: Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Defense
This final rule removes the DoD's rule concerning the management and operation of the Defense Acquisition Regulations (DAR) System. The part has served the purpose for which it was intended for the Code of Federal Regulations, and is no longer necessary.
DHS Data Privacy and Integrity Advisory Committee
Document Number: E9-826
Type: Notice
Date: 2009-01-16
Agency: Office of the Secretary, Department of Homeland Security
The DHS Data Privacy and Integrity Advisory Committee will meet by teleconference on February 3, 2009.
HIPAA Administrative Simplification: Modifications to Medical Data Code Set Standards To Adopt ICD-10-CM and ICD-10-PCS
Document Number: E9-743
Type: Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Health and Human Services
This final rule adopts modifications to two of the code set standards adopted in the Transactions and Code Sets final rule published in the Federal Register pursuant to certain provisions of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, this final rule modifies the standard medical data code sets (hereinafter ``code sets'') for coding diagnoses and inpatient hospital procedures by concurrently adopting the International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM) for diagnosis coding, including the Official ICD-10-CM Guidelines for Coding and Reporting, as maintained and distributed by the U.S. Department of Health and Human Services (HHS), hereinafter referred to as ICD-10-CM, and the International Classification of Diseases, 10th Revision, Procedure Coding System (ICD-10-PCS) for inpatient hospital procedure coding, including the Official ICD-10-PCS Guidelines for Coding and Reporting, as maintained and distributed by the HHS, hereinafter referred to as ICD-10-PCS. These new codes replace the International Classification of Diseases, 9th Revision, Clinical Modification, Volumes 1 and 2, including the Official ICD-9-CM Guidelines for Coding and Reporting, hereinafter referred to as ICD-9-CM Volumes 1 and 2, and the International Classification of Diseases, 9th Revision, Clinical Modification, Volume 3, including the Official ICD-9-CM Guidelines for Coding and Reporting, hereinafter referred to as ICD-9-CM Volume 3, for diagnosis and procedure codes, respectively.
Health Insurance Reform; Modifications to the Health Insurance Portability and Accountability Act (HIPAA) Electronic Transaction Standards
Document Number: E9-740
Type: Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Health and Human Services
This final rule adopts updated versions of the standards for electronic transactions originally adopted under the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This final rule also adopts a transaction standard for Medicaid pharmacy subrogation. In addition, this final rule adopts two standards for billing retail pharmacy supplies and professional services, and clarifies who the ``senders'' and ``receivers'' are in the descriptions of certain transactions.
Vending Facility Program for the Blind on DoD-Controlled Federal Property
Document Number: E9-460
Type: Proposed Rule
Date: 2009-01-16
Agency: Office of the Secretary, Department of Defense
This proposed rule would reinstate Department of Defense regulations related to the vending facility program for the blind on DoD-controlled Federal property. This rule will not apply to military dining facilities that are subject to and defined in section 856 of the John Warner National Defense Authorization Act for Fiscal Year 2007.
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