Federal Register: April 15, 2008 (Volume 73, Number 73)
DOCID: fr15ap08-92 FR Doc E8-7987
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Inspector General Office, Health and Human Services Department
NOTICE: NOTICES
DOCID: fr15ap08-92
ACTION: Privacy Act of 1974; New OIG Privacy Act System of Records:
DOCUMENT ACTION: Notice of proposed new Privacy Act systems of records.
SUBJECT CATEGORY:
Privacy Act of 1974, New OIG Privacy Act System of Records: Litigation Files
DATES: Effective Date: This system of records will become effective without further notice on June 16, 2008, unless comments received on or before that date result in a contrary determination.
Comment Date: Comments on this new system of records will be considered if we receive them at the addresses provided below no later than 5 p.m. Eastern Standard Time on May 15, 2008.
DOCUMENT SUMMARY:
The Office of Inspector General (OIG) is proposing a new
system of records, entitled Litigation Files, Administrative
Complaints, and Personnel Actions, HHS/OS/OIG/OCIG (09900077). This proposed notice is in accordance with the Privacy Act
[[Page 20312]]
requirement that agencies publish their systems of records in the
Federal Register when there is a revision, change, or addition. This
new system will replicate the existing system of records, entitled
Litigation Files, Administrative Complaints, and Adverse Personnel
Actions, HHS/OS/OGC (09900064), to reflect that responsibility for
providing legal services to the Inspector General has transferred to
OIG's Office of Counsel to the Inspector General (OCIG). The existing
Litigation Files system of records (09900064) remains with the
Department's Office of General Counsel and will be unchanged. This
notice specifically covers that portion of the records that transferred
to, or have been since created and maintained by, OCIG. The Litigation
Files, Administrative Complaints, and Personnel Actions, HHS/OS/OIG/
OCIG system of records will be maintained for the purposes of
representing OIG and its components in court cases and administrative
proceedings, in accordance with the Inspector General Act of 1978 (5
U.S.C. App.).
SUMMARY:
Litigation Files,
SUPPLEMENTAL INFORMATION
The Office of Inspector General (OIG) proposes to establish a new Privacy Act system of records, 09900077, Litigation Files, Administrative Complaints, and Personnel Actions, HHS/OS/OIG/OCIG. The new system will duplicate an existing Privacy Act system of RecordsLitigation Files, Administrative Complaints, and Adverse Personnel Actions HHS/OS/OGC (09900064)which was last revised and updated in the Federal Register on November 9, 1994 (59 FR 55845), by adding a new routine use to permit the disclosure of information from this system to certain individuals working in various offices within the Office of the Secretary, but who do not have the status of agency employees and, in many instances, do not receive pay for their work.
The new system of recordsLitigation Files, Administrative Complaints, and Personnel Actions, HHS/OS/OIG/OCIG (09900077)will replicate the 09900064 system of records, but will modify the ``System Name,'' ``System Location,'' ``Categories of Individuals Covered by the System,'' ``Authority for Maintenance of the System,'' ``Routine Uses,'' ``Purposes,'' ``System Safeguards,'' and ``System Manager(s) and Address'' sections. Records in the system have been located and maintained in OIG's headquarters. The modification of the ``System Name,'' ``System Location,'' ``Authority for Maintenance of the System,'' ``Routine Uses,'' ``Purposes,'' ``Storage,'' ``System Safeguards,'' and ``System Manager(s) and Address'' sections are to reflect that responsibility for providing legal services to the Inspector General transferred to the Office of Counsel to the Inspector General (OCIG).
The Inspector General Act of 1978 established OIG ``to conduct and supervise audits and investigations relating to the programs and operations'' of the Department of Health and Human Services (HHS). Within OIG, OCIG (1) provides general legal services to OIG including, among other things, advice and representation on HHS programs and operations, administrative law issues, and criminal procedure; (2) imposes program exclusions and civil money penalties on health care providers and litigates those actions within the Department; (3) represents OIG in the global settlement of cases arising under the False Claims Act; and (4) represents OIG in personnel actions. Description of the Proposed System of Records
The Litigation Files, Administrative Complaints, and Personnel
Actions, HHS/OS/OIG/OCIG system will enable OCIG to access and maintain
records for the purpose of representing OIG and its components in court
cases and administrative proceedings. The system will house records
pertaining to litigation, administrative complaints, and personnel actions in which OIG is, or was, involved.
Agency Policies, Procedures, and Restrictions on the Routine Use
The Privacy Act permits OIG to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purposes for which the information was collected. Any such disclosure of data is known as a routine use. We are proposing to establish the following routine use disclosures of records maintained in the system:
1. Disclosure 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 that individual.
2. In the event of litigation, information from the 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, any 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 [[Page 20313]]
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.
3. In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether Federal, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute or rule, regulation, or order issued pursuant thereto.
4. In the event the Department deems it desirable or necessary, in determining whether particular records are required to be disclosed under the Freedom of Information Act, disclosure may be made to the Department of Justice for the purpose of obtaining its advice.
5. A record from this system of records may be disclosed as a ``routine use'' to a Federal, State, or local agency maintaining civil, criminal, or other relevant enforcement records or other pertinent records, such as current licenses, if necessary to obtain a record relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.
6. A record from 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.
7. 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 concerning the hiring or retention of an employee, the issuance of a license, grant, or other benefit.
8. To student volunteers and other individuals performing functions for the Department, but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions.
9. 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.
Safeguards
OIG has safeguards in place for authorized users and monitors users
to ensure against unauthorized use. The system will conform to all
applicable Federal laws and regulations and Federal, HHS, and OIG
policies and standards as they relate to information security and data privacy.
Effects of the Proposed System of Records on Individual Rights
This system is established in accordance with the principles and requirements of the Privacy Act and will collect, use, and disseminate information only as prescribed therein. Data in this system will be subject to the authorized releases in accordance with the routine uses identified in this system of records notice.
OIG will take precautionary measures to minimize the risks of unauthorized access to the records and the potential harm to individual privacy or other personal or property rights of applicants whose data are maintained in the system. OCIG will make disclosures from the proposed system in accordance with the Privacy Act. OCIG does not anticipate an unfavorable effect on individual privacy as a result of the disclosure of information relating to individuals.
This proposed change will not otherwise increase access to these records.
Dated: April 10, 2008.
Daniel R. Levinson,
Inspector General.
09900077
FOR FURTHER INFORMATION CONTACT
Melissa McCurdy, Office of Counsel to the Inspector General, (202) 6190335.