[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Pages 10789-10792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-865]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Privacy Act of 1974; Report of a New System of Records; 
Sanitation Facilities Construction Individual Applicant Records

AGENCY: Department of Health and Human Services (HHS), Indian Health 
Service (IHS).

ACTION: Notice of a New System of Records (SOR).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, we are proposing to establish a new system titled, ``Sanitation 
Facilities Construction Individual Applicant Records (SFCIA), System 
No. 09-17-004.'' Under the provisions of the Indian Sanitation 
Facilities Act, Pub. L. 86-121 (42 U.S.C. 2004a), IHS is charged with 
carrying out the functions to determine basic individual and home 
eligibility for sanitation services. The primary purpose of this system 
is to determine eligibility of individuals and homes for sanitation 
services; budget justification for appropriation and project 
development to serve eligible homes and persons with sanitation 
facilities; to monitor, track and report status and progress of 
services provided; to maintain records on and to verify individuals' 
eligibility for services; and to link with the IHS Resource and Patient 
Management System (RPMS) for purposes of verifying and determining 
individuals' eligibility.
    Information retrieved from this system may be disclosed to: (1) 
Congressional offices in response to a verified inquiry; (2) other 
Federal agencies or Tribes that provide funding for or are involved in 
providing sanitation facilities to individuals or communities, and may 
be disclosed to individuals or communities, and may be disclosed to 
individuals specifically involved in the process of providing 
sanitation facilities, including but not limited to Tribal officials, 
Tribal housing authorities, Tribal utilities, contractors, State and 
local entities and consultants; (3) support litigation involving the 
agency; (4) referrals to the appropriate agency, whether Federal, 
State, or local, charged with enforcing or implementing the statute or 
rule, regulation or order; (5) HHS contractors and subcontractors for 
the purpose of collecting, compiling, aggregating, analyzing, or 
refining records; (6) other Federal or Tribal entities that provide 
sanitation facilities at the request of these entities in conjunction 
with a computer-matching program conducted by these entities to detect 
or curtail fraud and abuse in similar types of program services; and 
(7) appropriate Federal agencies and Departmental contractors in the 
event of data breaches either suspected or confirmed.
    Effective Dates: IHS filed a new system report with the Chair of 
the House Committee on Oversight and Government Reform, the Chair of 
the Senate Committee on Homeland Security and Governmental Affairs, and 
the Administrator, Office of Information and Regulatory Affairs, Office 
of Management and Budget (OMB) on February 28, 2008. To ensure that all 
parties have adequate time in which to comment, the new SOR, including 
routine uses, will become effective 40 days from the publication of the 
notice, or from the date it was submitted to OMB and the Congress, 
which is later,

[[Page 10790]]

unless IHS invites comments on all portions of this notice.

ADDRESSES: The public should address comments to: Mr. William Tibbitts, 
IHS Privacy Act/Health Insurance Portability and Accountability Act 
(HIPAA) Privacy Officer, Division of Regulatory Affairs, Office of 
Management Services, 801 Thompson Avenue, TMP Suite 450, Rockville, MD 
20852-1627; call non-toll-free (301) 443-1116; send via facsimile to 
(301) 443-2316, or send your e-mail requests, comments, and return 
address to: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Ronald C. Ferguson, Director, 
Division of Sanitation Facilities Construction, Office of Environmental 
Health and Engineering, 801 Thompson Avenue, TMP Suite 610, Rockville, 
MD 20852-1627, Telephone (301) 443-1046.

SUPPLEMENTARY INFORMATION: Under the provisions of 25 U.S.C. 1632, it 
is IHS policy that all Indian communities and Indian homes, new and 
existing, shall be provided with safe and adequate water supply systems 
and sanitary sewage waste disposal for preventive health measures.
DEPARTMENT OF HEALTH AND HUMAN SERVICES

09-17-0004

System name:
    Indian Health Service Sanitation Facilities Construction Individual 
Applicant Records, HHS/IHS/OEHE.

Security classification:
    None.

System location:
    Each Indian Health Service (IHS) Area and local Sanitation 
Facilities Construction (SFC) office. (See Appendix 1).

Categories of individuals covered by the system:
    Individuals requesting and/or receiving services from sanitation 
facilities.

Categories of records in the system:
    Contains name, home and/or mailing address, e-mail address, 
telephone number, Social Security Number, Tribal roll/census number, 
request for service application to obtain sanitation facilities and all 
pertinent documents necessary to determine eligibility for such 
services.

Authority for maintenance of the system:
     Indian Health Care Improvement Act, Pub. L. 94-437, as 
amended.
     The Indian Sanitation Facilities Act, Pub. L. 86-121; 42 
U.S.C. 2004a.
     Indian Lands Open Dump Cleanup Act, 25 U.S.C. 3901 et seq.
     Section 321 of the Public Health Service Act as amended, 
42 U.S.C. 248.
     Department Regulation, 5 U.S.C. 301.
     Privacy Act of 1974 as amended, 5 U.S.C. 552a, and
     Federal Records Act, 44 U.S.C. 2901.

Purpose(s):
    The purposes of this system of records are:
    1. To determine basic individual and home eligibility for 
sanitation services provided by the SFC Program under Pub. L. 86-121.
    2. Budget justification for appropriation and project development 
to serve eligible homes and persons with sanitation facilities.
    3. To monitor, track and report status and progress of services 
provided.
    4. To maintain records on and to verify individuals' eligibility 
for services.
    5. To link with the IHS RPMS for purposes of verifying and 
determining individuals' eligibility.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a (b), other routine uses are as follows:
    1. IHS may disclose records to a Congressional office in response 
to a verified inquiry from the Congressional office made at the written 
request of the subject individual.
    2. IHS may disclose records to other Federal agencies or Tribes 
that provide funding for or are involved in providing sanitation 
facilities to individuals or communities. In addition, records may be 
disclosed to individuals specifically involved in the process of 
providing sanitation facilities, including but not limited to Tribal 
officials, Tribal housing authorizes, Tribal utilities, contractors, 
State and local entities and consultants.
    3. IHS and/or HHS may disclose information from this system of 
records to the Department of Justice (DOJ), or to a court or other 
tribunal, when (a) HHS, or any component thereof, or (b) any HHS 
employee in his or her official capacity, or (c) any HHS employee is 
his or her individual capacity where the DOJ (or HHS, where it is 
authorized to do so) has agreed to represent the employee; or (d) the 
United States or any agency thereof where HHS determines that the 
litigations is likely to affect HHS or any of its components, is a 
party of litigation or has an interest in such litigation, and HHS 
determines that the use of such records by the DOJ, the court or other 
tribunal is relevant and necessary to the litigation and would help in 
the effective representation of the governmental party, provided, 
however, that in each case, HHS determines that such disclosure is 
compatible with the purpose for which the records were collected.
    4. In the event that a system of records maintained by the IHS 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 to the appropriate agency, 
whether Federal, State, or local, charged with enforcing or 
implementing the statute or rule, regulation or order issued pursuant 
thereto.
    5. IHS may disclose records contained in this system of records to 
HHS contractors and subcontractors for the purpose of collecting, 
compiling, aggregating, analyzing, or refining records in the system. 
Contractors maintain, and are also required to ensure that 
subcontractors maintain, Privacy Act safeguards with respect to such 
records.
    6. Pursuant to applicable legal authority, IHS may disclose records 
contained in this system of records to other Federal or tribal entities 
that provide sanitation facilities at the request of these entities in 
conjunction with a computer-matching program conducted by these 
entities to detect or curtail fraud and abuse in similar types of 
program services.
    7. To appropriate Federal agencies and Departmental 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, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records are maintained in folders and/or ledgers. Electronic 
records are stored on computer servers.

Retrievability:
    Records, which identify individual persons, are indexed by name; 
address;

[[Page 10791]]

phone number; Social Security Number; Tribal/Census or SFC 
identification numbers.

Safeguards:
    Records are accessed by persons responsible for servicing the 
record system in performance of their official duties. Paper records 
are stored in locked standard file cabinets. Electronic records are 
stored on servers and access or updates to information require a system 
password, thereby preserving the integrity of the data. All IHS 
personnel who make use of records contained in this system are made 
aware of their responsibilities under the provisions of the Privacy Act 
and are required to maintain Privacy Act safeguards with respect to 
such records.

Retention and disposal:
    For individuals who receive IHS sanitation facility services, the 
proposed IHS Records Disposition Authority (Schedule 3, section 11, 
Item No. 11-11a) states the following: Transfer to the Federal Records 
Center (FRC) when administrative value ends, or after 10 years of 
inactivity, whichever is sooner. Destroy 20 years after retirement to 
FRC.
    For individuals who do not receive IHS sanitation facility 
services, the proposed IHS Records Disposition Authority (Schedule 3, 
section 11, Item No. 11-11b) states the following: Transfer to the 
Federal Records Center (FRC) when administrative value ends, or after 
10 years of inactivity, whichever is sooner. Destroy 20 years after 
retirement to the FRC.

System managers and addresses: See Appendix 1.
Policy Coordinating Official:
    Director, Division of Sanitation Facilities Construction (DSFC), 
Office of Environmental Health and Engineering (OEHE), IHS, 801 
Thompson Avenue, TMP-610, Rockville, Maryland 20852. The IHS Area 
Office Sanitation Facilities Construction (SFC) Director or designee is 
the System Manager for all SFC officers located within their respective 
IHS Area. Each SFC Office Manager is the System Manager for the 
respective local IHS SFC office within an Area and is the point of 
contact for written request(s) from the individual of the record. The 
local IHS SFC Office Manager will process the written request by 
locating all or parts of the records stored either physically or 
electronically.

Notification procedures:
    For information, assistance, or inquiry about the existence of 
records, send a written request to the IHS Area SFC Director, local IHS 
SFC Office Manager or designee at the appropriate location. A list of 
all locations is provided in Appendix 1.
    Individuals must provide their full name, current address and 
telephone number, Social Security Number, Tribal/census ID and 
signature.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should make a written request to the IHS Area 
SFC Director, local IHS SFC Office Manager or designee at the 
appropriate location. A list of all locations is provided in Appendix 
1.
    Individuals must provide their full name, current address and 
telephone number, Social Security Number, Tribal/Census ID and 
signature.

Contesting record procedures:
    Send a written request to the IHS Area SFC Director, local IHS SFC 
Office Manager or designee at the appropriate location. A list of all 
locations is provided in Appendix 1.
    Individuals must provide their full name, current address and 
telephone number, Social Security Number, Tribal/census ID and 
signature.
    Provide a reasonable description of the record, and specify the 
information being contested, the corrective action sought, and the 
reasons for requesting the correction, along with supporting 
information to show how the record is inaccurate, incomplete, untimely, 
or irrelevant.

Record source categories:
    Information will be collected from the following sources:
     From the individual and/or a by individual's family member 
or designated representative.
     RPMS.
     Tribal governments and/or organizations.
     Tribal housing authorities.
     Tribal utilities.
     Other Federal and/or non-federal agencies, including but 
not limited to the Bureau of Indian Affairs, State or local governments 
or non-governmental entities.

Systems exempted from certain provisions of the Act:
    None.

 Appendix 1: System Managers and IHS Locations Under Their Jurisdiction 
Where Records Are Maintained

Director, Aberdeen Area IHS, Attention: Division of Sanitation 
Facilities Construction, 115 4th Avenue Southeast, Aberdeen, South 
Dakota 57401.
Director, Belcourt Hospital IHS, Attention: Sanitation Facilities 
Construction, P.O. Box 160, Belcourt, North Dakota 58316.
Director, Martin Field Office IHS, Attention: Sanitation Facilities 
Construction, P.O. Box F, Martin, South Dakota 57551.
Director, Minot Field Office IHS, Attention: Sanitation Facilities 
Construction, Federal Building Room 302, Minot, North Dakota 58701.
Director, Mobridge Field Office IHS, Attention: Sanitation 
Facilities Construction, P.O. Box 159, Mobridge, South Dakota 57601.
Director, Pierre Field Office IHS, Attention: Sanitation Facilities 
Construction, 420 South Garfield, Suite 200, Pierre, South Dakota 
57501.
Director, Rosebud Hospital IHS, Attention: Sanitation Facilities 
Construction, P.O. Box 400, Rosebud, South Dakota 57570.
Director, Sioux City Field Office IHS, Attention: Sanitation 
Facilities Construction, 6th and Douglas, Room 207 Box 19, Sioux 
City, Iowa 51101.
Director, Alaska Area Native Health Service, OEHE-Division of 
Sanitation Facilities Construction, 4141 Ambassador Drive, Suite 
300, Anchorage, Alaska 99508.
Director, Albuquerque Area IHS, Attention: Sanitation Facilities 
Construction, 5300 Homestead Road, NE., Albuquerque, New Mexico 
87110.
Director, Albuquerque Service Unit IHS, Attention: Sanitation 
Facilities Construction, 801 Vassar Drive, NE., Albuquerque, New 
Mexico 87106.
Director, Santa Fe Service Unit IHS, Attention: Sanitation 
Facilities Construction, 1700 Cerrillos Road, Santa Fe, New Mexico 
87505.
Director, Southern Ute Service Unit IHS, Attention: Sanitation 
Facilities Construction, 322 Buckskin Charlie, Ignacio, Colorado 
81137.
Director, Bemidji Area IHS, Attention: Sanitation Facilities 
Construction, 522 Minnesota Avenue, NW., Room 216, Bemidji, 
Minnesota 56601.
Director, Ashland Field Office IHS, Attention: Sanitation Facilities 
Construction, 2800 Lake Shore Drive East, Ashland, Wisconsin 54806.
Director, Minnesota District Office IHS, Attention: Sanitation 
Facilities Construction, 522 Minnesota Avenue, NW., Room 216, 
Bemidji, Minnesota 56601.
Director, Rhinelander District Office IHS, Attention: Sanitation 
Facilities Construction, 9A South Brown Street, Rhinelander, 
Wisconsin 54501.
Director, Sault St. Marie Field Office IHS, Attention: Sanitation 
Facilities Construction, 2847 Ashmun Street, Suite 1, Sault Ste. 
Marie, Minnesota 49783.
Director, Billings Area IHS, Attention: Sanitation Facilities 
Construction, 2900 4th Avenue North Box 36600, Billings, Montana 
59107.
Director, PHS Indian Hospital, Attention: Sanitation Facilities 
Construction, P.O. Box 760, Browning, Montana 59417.
Director, Crow Agency PHS Indian Hospital, Attention: Sanitation 
Facilities Construction, P.O. Box 9, Crow Agency, Montana 59022.

[[Page 10792]]

Director, Wind River Service Unit IHS, Attention: Sanitation 
Facilities Construction, 76 Black Cole Drive, Box 128, Fort 
Washakie, Wyoming 82514.
Director, Harlem PHS Indian Hospital, Attention: Sanitation 
Facilities Construction, RR1 Box 67, Harlem, Montana 59526.
Director, Lame Deer PHS Indian Health Center, Attention: Sanitation 
Facilities Construction, Lame Deer, Montana 59043.
Director, Wolf Point PHS Indian Health Center, Attention: Sanitation 
Facilities Construction, Chief Redstone Health Center 729, 
Wolf Point, Montana 59201.
Director, California Area IHS, Attn: Division of Sanitation 
Facilities Construction, 650 Capitol Mall, Suite 7-100, Sacramento, 
California 95814.
Director, Arcata Field Office IHS, Attention: Sanitation Facilities 
Construction, 1125 16th Street, Suite 100, Arcata, California 95521.
Director, Escondido District Office IHS, Attention: Sanitation 
Facilities Construction, 1320 West Valley Parkway, Suite 309, 
Escondido, California 92029.
Director, Fresno Field Office IHS, Attention: Sanitation Facilities 
Construction, 1551 East Shaw Avenue, Suite 117B, Fresno, California 
93710.
Director, Redding District Office IHS, Attention: Sanitation 
Facilities Construction, 1900 Churn Creek Road, Suite 210, Redding 
California 96002.
Director, Ukiah Field Office IHS, Attention: Sanitation Facilities 
Construction, 609 South State Street, Suite A, Ukiah, California 
95482.
Director, Nashville Area IHS, Attn: Division of Sanitation 
Facilities Construction, 711 Stewarts Ferry Pike, Nashville, 
Tennessee 37214-2634.
Director, Atmore Field Office IHS, Attention: Sanitation Facilities 
Construction, 5811 Jack Springs Road, Atmore, Alabama 46502.
Director, Bangor Field Office IHS, Attention: Sanitation Facilities 
Construction, 304 Hancock Street 3H, Bangor, Maine 04401-
6573.
Director, Opelousas Field Office IHS, Attention: Sanitation 
Facilities Construction, 2341 Larkspur Lane, Suite 2, Opelousas, 
Louisiana 70570.
Director, Manlius Field Office, Attention: Sanitation Facilities 
Construction, 122 East Seneca Street, Manlius, New York 13104.
Director, Navajo Area IHS, Attn: Director, Division of Sanitation 
Facilities Construction, P.O. Box 9020 (Physical Address: Hwy 264 & 
St. Michael Road), Window Rock, Arizona 86515.
Director, Crownpoint Health Care Facility, Attention: Sanitation 
Facilities Construction, P.O. Box 680, Crownpoint, New Mexico 87313.
Director, Farmington Field Office IHS, Attention: Sanitation 
Facilities Construction, 300 West Arrington, Suite 121, Farmington, 
New Mexico 87401.
Director, Flagstaff Field Office IHS, Attention: Sanitation 
Facilities Construction, P.O. Box KK, Flagstaff, Arizona 86002.
Director, Fort Defiance Indian Hospital, Attention: Sanitation 
Facilities Support Center, P.O. Box 648, Fort Defiance, Arizona 
86504.
Director, Gallup Indian Medical Center IHS, Attention: Sanitation 
Facilities Construction, 3412 East Highway 66, Gallup, New Mexico 
87301.
Director, Kayenta Indian Health Center, Attention: Sanitation 
Facilities Construction, P.O. Box 368, Kayenta, Arizona 86033.
Director, Many Farms Field Office IHS, Attention: Sanitation 
Facilities Construction, P.O. Box 694, Many Farms, Arizona 86538.
Director, Northern Navajo Medical Center IHS, Attention: Sanitation 
Facilities Construction, P.O. Box 160, Shiprock, New Mexico, 87420.
Director, Tuba City Regional Health Care Center, Attention: 
Sanitation Facilities Construction, P.O. Box 600, Tuba City, Arizona 
86045.
Director, Winslow Indian Health Care Center, Attention: Sanitation 
Facilities Construction, 500 N. Indiana Avenue, Winslow, Arizona 
86047.
Director, Oklahoma City Area IHS, Attn: Director, Division of 
Sanitation Facilities Construction, Five Corporate Plaza, 3625 NW., 
56th Street, Oklahoma City, Oklahoma 73112.
Director, Clinton Field Office IHS, Attention: Sanitation Facilities 
Construction, Route 1, Box 3060, Clinton, Oklahoma 73601.
Director, Holton Field Office IHS, Attention: Sanitation Facilities 
Construction, 324 New York Avenue, Holton, Kansas 66436.
Director, Lawton Indian Hospital IHS, Attention: Sanitation 
Facilities Construction, 1515 Lawrie Tatum Road, Lawton, Oklahoma 
73507.
Director, Miami Field Office IHS, Attention: Sanitation Facilities 
Construction, P.O. Box 1498, Miami, Oklahoma 74354.
Director, Okmulgee Field Office IHS, Attention: Sanitation 
Facilities Construction, P.O. Box 67, Okmulgee, Oklahoma 74447.
Director, Pawnee Field Office IHS, Attention: Sanitation Facilities 
Construction, 1201 Heritage Circle, Pawnee, Oklahoma 74058.
Director, Shawnee Field Office IHS, Attention: Sanitation Facilities 
Construction, 14106 Highway 177, Shawnee, Oklahoma 74804.
Director, Phoenix Area IHS, Attn: Director, Division of Sanitation 
Facilities Construction, Two Renaissance Square, Suite 720, 40 North 
Central Avenue, Phoenix, AZ 85004-4424.
Director, Elko Field Office IHS, Attention: Sanitation Facilities 
Construction, 557 W. Silver Street, Suite 204, Elko, Nevada 89801.
Director, Fort Duchesne Indian Health Center, Attention: Sanitation 
Facilities Construction, P.O. Box 489, Fort Duchesne, Utah 84026.
Director, Eastern Arizona District Office IHS, Attention: Sanitation 
Facilities Construction, 5448 S. White Mountain Road, Suite 220, 
Lakeside, Arizona 85929.
Director, Hopi Health Care Center, Attention: Sanitation Facilities 
Construction, P.O. Box 4000, Polacca, Arizona 86042.
Director, San Carlos PHS Indian Hospital, Attention: Sanitation 
Facilities Construction, P.O. Box 208, San Carlos, Arizona 85550.
Director, Reno District Office IHS, Attention: Sanitation Facilities 
Construction, 1395 Greg Street, Suite 101, Sparks, Nevada 89431.
Director, Western Arizona District Office IHS, Attention: Sanitation 
Facilities Construction, 1553 West Todd Drive, Suite 107, Tempe, 
Arizona 85283.
Director, Whiteriver PHS Indian Hospital, Attention: Sanitation 
Facilities Construction, P.O. Box 860, Whiteriver, Arizona 85941.
Director, Fort Yuma PHS Indian Hospital, Attention: Sanitation 
Facilities Construction, P.O. Box 1368, Yuma, Arizona 85364.
Director, Portland Area IHS, Attn: Director, Division of Sanitation 
Facilities Construction, 1220 SW., Third Ave., Room 476, Portland, 
Oregon 97204.
Director, Olympic District Office IHS, Attention: Sanitation 
Facilities Construction, 4060 Wheaton Way, Suite E, Bremerton, 
Washington 98310.
Director, Fort Hall Field Office IHS, Attention: Sanitation 
Facilities Construction, P.O. Box 717--Mission Road, Fort Hall, 
Idaho 83203.
Director, Port Angeles Field Office IHS, Attention: Sanitation 
Facilities Construction, 1601 East Front Street, Building B, Suite 
C, Port Angeles, Washington 98362.
Director, Western Oregon Service Unit IHS, Attention: Sanitation 
Facilities Construction, 3750 Chemawa Road NE., Salem, Oregon 97305.
Director, Seattle District Office IHS, Attention: Sanitation 
Facilities Construction, 2201 Sixth Avenue, Room 300, Seattle, 
Washington 98121.
Director, Spokane District Office IHS, Attention: Sanitation 
Facilities Construction, 1919 E. Francis Ave., Spokane, Washington 
99208.
Director, Tucson Area IHS, Attn: Director, Division of Sanitation 
Facilities Construction, 7900 S.J. Stock Road, Tucson, Arizona 
85746-7012.
Director, Western District Office IHS, Attention: Sanitation 
Facilities Construction, 2250 North Pinal Avenue, Suite 4, Casa 
Grande, Arizona 85222.
Director, Sells Service Unit IHS, Attention: Sanitation Facilities 
Construction, P.O. Box 548--Mesquite Street, Sells, Arizona 85634.

    Dated: February 15, 2008.
Robert G. McSwain,
Acting Director, Indian Health Service.
[FR Doc. 08-865 Filed 2-27-08; 8:45 am]
BILLING CODE 4165-16-M