[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Notices]
[Pages 39194-39196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18708]
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OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; Add a Record System
AGENCY: Office of Personnel Management (OPM).
ACTION: Notice to add a record system.
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SUMMARY: OPM proposes to add one system of records to its inventory of
record systems subject to the Privacy Act of 1974, as amended. This
action is necessary to meet the requirements of the Privacy Act to
publish in the Federal Register notice of the existence and character
of record systems maintained by the agency.
DATES: The proposed system of records will be effective without further
notice on August 31, 1995, unless comments are received that would
result in a contrary determination.
ADDRESSES: Send written comments to Office of Personnel Management,
ATTN: Leslie Crawford (Freedom of Information/Privacy Act Coordinator),
Office of Information Technology, 1900 E Street NW., CHP 500,
Washington, DC 20415-0001.
FOR FURTHER INFORMATION CONTACT:
Ms. Leslie Crawford at (703)908-8565.
SUPPLEMENTARY INFORMATION: The system notice is published under the
requirements of the Privacy Act (5 U.S.C. 552a(e)(4)). This notice
covers records that may contain individually identifiable information
about health care providers (physicians, hospitals and other
individuals or entities which furnish health care services or supplies)
and other participants excluded from participation in the Federal
Employee Health Benefits Program (FEHBP), and other federally
authorized financial and nonfinancial assistance and benefits under
programs and activities (nonprocurement) administered by OPM. Exclusion
may be based on debarment or suspension, ineligibility, or for other
reasons.
OPM's Internal and Central system notices were previously published
in the Federal Register in full on April 12, 1993 (58 FR 19154). OPM's
Governmentwide system notices were last published in full on August 10,
1992 (57 FR 35698), with a correction
[[Page 39195]]
published on November 30, 1992 (57 FR 56733).
Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
OPM/CENTRAL-14
Debarment or Suspension Records for Federal Employees Health
Benefits Program (FEHPB).
Administrative Sanctions Branch, Office of the Inspector General,
Office of Personnel Management, 1900 E Street, NW., Room CHP 1314,
Washington, DC 20415-0001.
Health care providers (physicians, hospitals and other individuals
or entities which furnish health care services or supplies) and other
participants who have been or are in the process of being debarred,
suspended, determined to be ineligible, or otherwise excluded from
participating in the Federal Employee Health Benefits Program (FEHBP),
and other federally authorized financial and nonfinancial assistance
and benefits under programs and activities (nonprocurement)
administered by OPM.
This system contains a listing of health care providers and other
participants, debarred, suspended, determined to be ineligible, or
otherwise excluded from participation in the FEHBP and other federally
authorized financial and nonfinancial assistance and benefits under
programs and activities (non-procurement) administered by OPM. It
includes records such as general correspondence, statements of cause,
case files, and other related documents.
5 U.S.C. Appendix 3, Executive Orders 12549 and 12689, and 5 CFR
part 970.
Executive Orders 12549 and 12689 provide that Executive departments
and agencies participate in a governmentwide system for nonprocurement
debarment and suspension. This system of records documents OPM's
participation in the program to reduce fraud and abuse in Federal
nonprocurement programs and decisions regarding actions taken to
exclude participants in Federally authorized nonprocurement programs
administered by OPM.
a. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
OPM becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To disclose information 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 conducting of a suitability or
security investigation of an individual, the classifying of jobs, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
c. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
d. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Government is
a party to the judicial or administrative proceeding. In those cases
where the Government is not a party to the proceeding, records may be
disclosed if a subpoena has been signed by a judge.
e. To disclose information to the National Archives and Records
Administration for use in records management inspections.
f. By OPM in the production of summary descriptive statistics and
analytical studies in support of the function for which the records are
collected and maintained, or for related workforce studies. While
published studies do not contain individual identifiers, in some
instances the selection of elements of data included in the study may
be structured in such a way as to make the data individually
identifiable by inference.
g. To disclose information to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which OPM is authorized to appear, when:
(1) OPM, or any component thereof; or
(2) Any employee of OPM in his or her official capacity; or
(3) Any employee of OPM in his or her individual capacity where the
Department of Justice or OPM has agreed to represent the employee; or
(4) The United States, when OPM determines that litigation is
likely to affect OPM or any of its components;
is a party to litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or OPM is deemed by
OPM to be relevant and necessary to the litigation provided, however,
that the disclosure is compatible with the purpose for which records
were collected.
h. To disclose information to officials of the Merit Systems
Protection Board or the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and
other merit systems, review of OPM rules and regulations,
investigations of alleged or possible prohibited personnel practices,
and such other functions, e.g., as promulgated in 5 U.S.C. 1205 and
1206, or as may be authorized by law.
i. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations into
alleged or possible discrimination practices in the Federal sector,
compliance by Federal agencies with the Uniform Guidelines on Employee
Selection Procedures or other functions vested in the Commission and to
otherwise ensure compliance with the provisions of 5 U.S. 7201.
j. To disclose information to the Federal Labor Relations Authority
or its General Counsel when requested in connection with investigations
of allegations of unfair labor practices or matters before the Federal
Service Impasses Panel.
k. To disclose information to contractors, grantees, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or job for the Federal Government.
1. To disclose records to appropriate Federal, State and local
agencies if necessary and relevant to administering Federal financial
or nonfinancial assistance programs or benefits.
m. To disclose records for performance of a Federal duty to a State
or local agency, or financial institution.
n. To disclose information on excluded health care providers to
other persons involved in or affected by the action.
o. To disclose information to agencies or organizations that
license, certify, regulate, investigate, or prosecute persons or
organizations that provide health-related services or items to
[[Page 39196]]
determine possible disqualifying actions, practices, or conditions.
These records are maintained in paper copy and automated form.
These records are retrieved by name, address, occupation, Social
Security Number, and case number.
Paper records are stored in lockable filing cabinets or secured
rooms. Automated records are protected by ID/password security system.
Records are available only to those persons whose official duties
require access.
Records are placed in inactive files (cut at the end of each fiscal
year) when the case is closed. Inactive records are destroyed after 10
years.
Chief, Administrative Sanctions Branch, Office of the Inspector
General Office of Personnel Management, 1900 E Street, NW., Room CHP
1314, Washington, DC 20415-0001.
Individuals wishing to determine whether this system of records
contains information on them should contact the system manager
indicated above. Individuals must furnish the following for their
records to be located and identified:
a. Full name.
b. Case number, if applicable.
c. Address.
d. Date of Birth.
e. Social Security Number and Tax Identification Number.
f. Health Insurance related Identification Number.
Individuals wishing to request access to records should contact the
system manager indicated above. Individuals must provide the following
information for their records to be located and identified:
a. Full name.
b. Case number, if applicable.
c. Address.
d. Date of Birth.
e. Social Security Number and Tax Identification Number.
f. Health Insurance related Identification Number.
Individuals requesting access must also follow the OPM's Privacy
Act regulations regarding verification of identity and access to
records (5 CFR part 297).
Individuals wishing to request amendment of records should contact
the system manager indicated above. Individuals must furnish the
following information for their records to be located and identified:
a. Full name.
b. Case number, if applicable.
c. Address.
d. Date of Birth.
e. Social Security Number and Tax Identification Number.
f. Health Insurance related Identification Number.
Individuals requesting amendment must also follow the OPM's Privacy
Act regulations regarding verification of identity and amendment of
records (5 CFR 297).
Information in this system of records is obtained from:
a. The individual(s) to whom the record pertain(s).
b. Federal agencies.
c. State and local law enforcement officials.
d. Private agencies and organizations.
[FR Doc. 95-18708 Filed 7-31-95; 8:45 am]
BILLING CODE 6325-01-M
