[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