Notices. Notice of revisions to existing Privacy Act systems of records

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4160-17-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Committee on Immunization Practices: Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the following Federal Committee meeting. *Name:* Advisory Committee on Immunization Practices (ACIP). *Times and Dates:* 8 a.m.-6 p.m., February 21, 2007, 8 a.m.—4 p.m., February 22, 2007. *Place:* Centers for Disease Control and Prevention, 1600 Clifton Road, NE., Global Communications Center, Building 19, Room 232, Atlanta, Georgia 30333. *Status:* Open to the public, limited only by the space available. Meeting space accommodates approximately 330 people. Overflow space for real-time viewing will be available. *Purpose:* The Committee is charged with advising the Director, CDC, on the appropriate uses of immunizing agents. In addition, under 42 U.S.C. § 1396s, the Committee is mandated to establish and periodically review and, as appropriate, revise the list of vaccines for administration to vaccine-eligible children through the Vaccines for Children

(VFC)program, along with schedules regarding the appropriate periodicity, dosage, and contraindications applicable to the vaccines. *Matters to be Discussed:* The agenda will include discussions on influenza vaccine; immunization safety; update on use of rotavirus vaccine; update on use of HPV vaccine; update on use of herpes zoster (shingles) vaccine; vaccine supply; Japanese encephalitis and other flavivirus vaccines (e.g., yellow fever vaccine); diphtheria, tetanus, pertussis, polio, Haemophilus B [Hib] combination vaccine (Pentacel®); evidence-based recommendations; and agency updates. Agenda items are subject to change as priorities dictate. *Additional Information:* In order to expedite the security clearance process at the CDC Roybal Campus located on Clifton Road, *all* ACIP attendees are required to register on line at *www.cdc.gov/nip/acip* , which can be found at the “Upcoming Meetings” tab. Please complete all the required fields before submitting your registration and submit no later than January 18, 2007. Please Note: In addition to completing the registration form on line, as described above, all non-U.S. citizens are required to complete the “Access Request Form.” The completed access request form should be sent by e-mail directly to Ms. Gardner at *dgardner@cdc.gov* . *Contact Person for More Information:* Demetria Gardner, Immunization Services Division, National Center for Immunization and Respiratory Diseases, CDC, 1600 Clifton Road, NE, (E-05), Atlanta, Georgia 30333, telephone 404/639-8836, fax 404/639-6258. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both the CDC and ATSDR. Dated: December 1, 2006. Alvin Hall, Director, Management Analysis and Services Office Centers for Disease Control and Prevention. [FR Doc. E6-20859 Filed 12-7-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services [Document Identifier: CMS-R-244] Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget

(OMB)AGENCY: Centers for Medicare and Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. We are requesting an emergency review of the information collection referenced below. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget

(PACE)providers. The reporting requirements have been updated in specific areas to provide a mechanism for disclosure and recusal in the event of a conflict of interest involving members of the PACE governing body or their immediate family members. In addition, the requirement that PACE organizations must furnish a copy of signed contracts for inpatient care facilities to CMS and the State administering agency has been removed. The Medicare and Medicaid Programs: Programs of All-inclusive Care for the Elderly; program revisions final rule, CMS-1201-F, and the reporting requirements in this collection are required to become effective on the same date. *Type of Information Collection Request:* Revision of a currently approved collection. *Title of Information Collection:* The Medicare and Medicaid Programs; Programs of All-inclusive Care for the Elderly (PACE). *Form Number:* CMS-R-244 (OMB#: 0938-0790). *Use:* PACE organizations must demonstrate their ability to provide quality community-based care for the frail elderly who meet their State's nursing home eligibility standards using capitated payments from Medicare and the State. PACE programs must provide all Medicare and Medicaid covered services including hospital, nursing home, home health, and other specialized services. This collection is necessary to ensure that only appropriate organizations are selected to become PACE organizations and that CMS has the information necessary to monitor the care they provide. *Frequency:* Reporting—Once and On occasion. *Affected Public:* Not-for-profit institutions and State, Local, or Tribal Governments. *Number of Respondents:* 54. *Total Annual Responses:* 108. *Total Annual Hours:* 44131.50. CMS is requesting OMB review and approval of this collection by *December 29, 2006,* with a 180-day approval period. Written comments and recommendations will be considered from the public if received by the individuals designated below by December 22, 2006. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS's Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on

(202)395-6974. Dated: November 9, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-20543 Filed 12-7-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10216] Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget

(OMB)AGENCY: Center for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. We are, however, requesting an emergency review of the information collection referenced below. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget

(DRA)of 2005. CMS does not have sufficient time to complete the normal PRA clearance process. We request this Paperwork Reduction Act clearance under an emergency approval process to allow States to implement the following DRA provisions: 6036, 6041, 6042, 6043, 6044, and 6083. This emergency request is to ensure that statutory effective dates of the provisions are not missed. 1. *Type of Information Collection Request:* New Collection; *Title of Information Collection:* Alternative Benefits State Plan Amendment Health Opportunity Accounts

(HOA)Demonstration Program; *Use:* The DRA provides States with numerous flexibilities in operating their State Medicaid programs. For example, Section 6082 of the DRA allows up to 10 States to operate Medicaid demonstrations to test alternative systems for delivering their Medicaid benefits. Under these demonstrations, States would have the flexibility to deliver their Medicaid benefits to volunteer beneficiaries through a program that is comprised of an HOA and a High Deductible Health Plan (HDHP). Under the DRA, States can submit a State Plan Pre-print to CMS to effectuate this change to their Medicaid programs. CMS will provide a State Medicaid Director letter providing guidance on this provision and the implementation of the DRA and the associated State Plan Amendment template for use by States to modify their Medicaid State Plans if they choose to implement this flexibility; *Form Number:* CMS-10216 (OMB#: 0938-New); *Frequency:* Reporting: One-time; *Affected Public:* State, Local or Tribal Government; *Number of Respondents:* 56; *Total Annual Responses:* 10; *Total Annual Hours:* 10. CMS is requesting OMB review and approval of these collections by *December 22, 2006,* with a 180-day approval period. Written comments and recommendations will be considered from the public if received by the individuals designated below by *December 18, 2006.* To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995/* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on

(410)786-1326. Interested persons are invited to send comments regarding the burden or any other aspect of these collections of information requirements. However, as noted above, comments on these information collection and recordkeeping requirements must be received by the designees referenced below by *December 18, 2006:* Centers for Medicare & Medicaid Services, Office of Strategic Operations and Regulatory Affairs, Room C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850, Attn: Melissa Musotto (CMS-10216) and, OMB Human Resources and Housing Branch, Attention: Katherine Astrich, New Executive Office Building, Room 10235, Washington, DC 20503. Dated: November 30, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-20665 Filed 12-7-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services [Document Identifier: CMS-10117, 10118, 10119, 10135, 10136 and 10214] Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget

(OMB)AGENCY: Center for Medicare and Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(OMB)the following requirements for emergency review. We are requesting an emergency review because the collection of this information is needed before the expiration of the normal time limits under OMB's regulations at 5 CFR Part 1320. This is necessary to ensure compliance with an initiative of the Administration. We cannot reasonably comply with the normal clearance procedures because the use of normal clearance procedures is reasonably likely to cause a statutory deadline to be missed. The Social Security Act requires that applicant organizations, offering Part C benefits for January 2008 be contracted with CMS for their approved service area with open enrollment beginning on November 15, 2007. Further, the Act requires the submission of Part C benefit bids from applicant organizations by the first Monday in June of 2007. In order to meet the Medicare Prescription Drug Improvement and Modernization Act requirements, key preceding events must occur. If these events do not occur according to the statutorily mandated timeline, other statutory requirements will not be met. For the 2008 contract year, CMS is implementing several steps to reduce the person-hours necessary to complete the Part C solicitations. These steps include automating substantial portions of the Part C Plan solicitations within CMS' Health Plan Management System

(HPMS)and streamlining key information previously requested by attachments. *Type of Information Collection Request:* Revision of a currently approved collection. *Title of Information Collection; Medicare Advantage Applications:* Medicare Advantage

(MA)Application Coordinated Care Plans (CMS-10117); Medicare Advantage

(MA)Application Private Fee-For-Service Plans (CMS-10118); Medicare Advantage

(MA)Application Regional PPO Plans (CMS-10119); Medicare Advantage

(MA)Application Service Area Expansion

(SAE)for Coordinated Care Plans: Private Fee Service Plans (CMS-10135); Medical Savings Account Plans (CMS-10136); and Employer Group Waiver Plans (CMS-10214). *Form Number:* CMS-10117, 10118, 10119, 10135, 10136 and 10214 (OMB#: 0938-0935). *Use:* An entity seeking a contract as an MA organization must be able to provide Medicare's basic benefits plus meet the organizational requirements set out under the regulations at 42 CFR Part 422. An applicant must demonstrate that it can meet the benefit and other requirements within the specific geographic area it is requesting. The application forms are designed to give CMS the information needed to determine a health plan's compliance with the regulations at 42 CFR Part 422. The MA application forms will be used by CMS to determine whether an entity is eligible to enter into a contract to provide services to Medicare beneficiaries. *Frequency:* Reporting—Once. *Affected Public:* Business or other for-profit and Not-for-profit institutions. *Number of Respondents:* 220. *Total Annual Responses:* 220. *Total Annual Hours:* 5580. CMS is requesting OMB review and approval of this collection by *January 5, 2007* , with a 180-day approval period. Written comments and recommendation will be considered from the public if received by the individuals designated below by December 22, 2006. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS's Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on

(202)395-6974. Dated: November 30, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-20666 Filed 12-7-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10215 and CMS-10148] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services

(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Collection of Physician Administered Drug National Drug Code

(NDC)Numbers on State Medicaid Claims and Supporting Regulations at 42 CFR 447.520. *Use:* Section 6002 of the Deficit Reduction Act of 2005

(DRA)added provisions under Section 1927 of the Social Security Act to require physicians in their offices and hospital outpatient settings or other entities (e.g., non-profit facilities) to collect and submit the drug NDC numbers on Medicaid claims to their State within specified timeframes. We estimate that there are 20,000 physician offices, hospital outpatient settings or other entities concentrating in the specialties of oncology, rheumatology and urology that will be required by their State Medicaid Programs to collect and submit “J” drug code data match with NDC numbers. *Form Number:* CMS-10215 (OMB#: 0938-NEW); *Frequency:* Reporting—weekly; *Affected Public:* Business or other for-profit and not-for-profit institutions; *Number of Respondents:* 20,000; *Total Annual Responses:* 3,910,000; *Total Annual Hours:* 15,836. 2. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* HIPAA Administrative Simplification Enforcement Non-Privacy Enforcement; *Use:* The Health Insurance Portability and Accountability Act (HIPAA) became law in 1996 (Pub. L. 104-191). Subtitle F of Title II of HIPAA, entitled “Administrative Simplification,” requires the Secretary of HHS to adopt national standards for certain information-related activities of the health care industry. The HIPAA provisions, by statute, apply only to “covered entities” referred to in section 1320d-2(a)(1) of this title. Responsibility for administering and enforcing the HIPAA Administrative Simplification Transactions, Code Sets, Identifiers and Security rules has been delegated to CMS. The initial information collected to enforce these rules will be used to initiate enforcement actions. This information collection change clarifies the “Identify the HIPAA Non-Privacy complaint category” section of the complaint form. In this section, complainants are given an opportunity to check the “Unique Identifiers” option to categorize the type of HIPAA complaint being filed. The revised form now includes a “For a Unique Identifier Complaint” section, that allows a complaint to further categorize their identifier complaint as either a “National Provider Identifier (NPI)” or an “Employer Identification Number (EIN)” complaint. *Form Number:* CMS-10148 (OMB#: 0938-948); *Frequency:* Reporting—On occasion; *Affected Public:* Individuals or Households, Business or other for-profit, Not-for-profit institutions, and State, Local, or Tribal governments; *Number of Respondents:* 500; *Total Annual Responses:* 500; *Total Annual Hours:* 500. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on

(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received at the address below, no later than 5 p.m. on February 6, 2007. CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development—A, Attention: Melissa Musotto, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: November 30, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-20678 Filed 12-7-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10209, CMS-R-282, CMS-10197, and CMS-R-240] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(CCIP)and Medicare Advantage Quality Improvement Project (QIP); *Use:* 42 CFR 422.152 requires each Medicare Advantage Organization

(MAOs)(other than Medicare Advantage

(MA)private fee for service and Medical Savings Account

(MSA)plans) that offers one or more MA plan to have an ongoing quality assessment and performance improvement program. Information collected in the QIP and CCIP Reporting Templates will be an integral resource for oversight, monitoring compliance and auditing activities necessary to ensure high quality provision of general health services and chronic care services to Medicare beneficiaries. *Form Number:* CMS-10209 (OMB#: 0938-New); *Frequency:* Recordkeeping, and Reporting—Annually; *Affected Public:* Business or other for-profits and Not-for-profit institutions; *Number of Respondents:* 426; *Total Annual Responses:* 852; *Total Annual Hours:* 38,050. 2. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Medicare Health Plan Appeals and Grievance Data Collection and Reporting Requirements, Data Disclosure Requirements § 422.111; *Use:* Medicare Advantage

(MA)organizations and demonstrations are required to disclose information pertaining to the number of disputes, and their disposition in the aggregate. Organizations provide appeals and grievance information to individuals eligible to elect an MA organization, or persons or entities making the request on behalf of the individuals who request this information. MA eligible individuals will use this information to help them make informed decisions about their organization's performance in the area of appeals and grievances. *Form Number:* CMS-R-0282 (OMB#: 0938-0778); *Frequency:* Recordkeeping, Third Party Disclosure and Reporting—Semi-annually; *Affected Public:* Business or other for-profits and Not-for-profit institutions; *Number of Respondents:* 434; *Total Annual Responses:* 868; *Total Annual Hours:* 876. 3. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Evaluation of the Medicare National Competitive Bidding Program for DME; *Use:* Section 302(b) of The Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)requires the Centers for Medicare and Medicaid Services

(CMS)to begin a program of competitive bidding for durable medical equipment (DME), supplies, certain orthotics, and enteral nutrients and related equipment and supplies. Section 303(d) of the MMA requires a Report to Congress on the program, covering program savings, reductions in cost sharing, impacts on access to and quality of affected goods and services, and beneficiary satisfaction. This project's purpose is to provide information for this Report to Congress. *Form Number:* CMS-10197 (OMB#: 0938-New); *Frequency:* Reporting—Other: Baseline and Follow-up; *Affected Public:* Individuals or Households, Business or other for-profit, Federal Government and Not-for-profit institutions; *Number of Respondents:* 12,671; *Total Annual Responses:* 12,671; *Total Annual Hours:* 6,557. 4. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Provider-based Status Regulations in 42 CFR 413.24 and 413.65; *Use:* Section 1833(t) of the Social Security Act (of the Act), as amended by section 4523 of the Balanced Budget Act of 1997 (the BBA) requires the Secretary to establish a prospective payment system

(PPS)for hospital outpatient services. Successful implementation of an outpatient PPS requires that CMS distinguish facilities or organizations that function as departments of hospitals from those that are freestanding, so that CMS can determine which services should be paid under the PPS. Regulations found at 42 CFR 413.65(b)( 3) and

(c)require the submission of the information CMS needs to make the determination of whether an organization functions as a department of a hospital or functions as a freestanding facility. In addition, section 1866(b)(2) of the Act authorizes hospitals and other providers to impose deductible and coinsurance charges for facility services, but does not allow such charges by facilities or organizations which are not provider-based. Implementation of this provision requires that CMS have information from the required reports, so it can determine which facilities are provider-based. *Form Number:* CMS-R-240 (OMB#: 0938-0798); *Frequency:* Recordkeeping—On occasion; *Affected Public:* Business or other for-profit, Not-for-profit institutions; *Number of Respondents:* 750; *Total Annual Responses:* 872; *Total Annual Hours:* 26,063. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on

(410)786-1326. Written comments and recommendations for the proposed information collections must be mailed or faxed within 30 days of this notice directly to the OMB desk officer: OMB Human Resources and Housing Branch, Attention: Carolyn Lovett, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:

(202)395-6974. Dated: November 30, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-20679 Filed 12-7-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of Inspector General Privacy Act of 1974; Revisions to OIG's Privacy Act System of Records—Criminal Investigative Files AGENCY: Office of Inspector General (OIG), HHS. ACTION: Notice of revisions to existing Privacy Act systems of records. SUMMARY: The Office of Inspector General

(OIG)is revising the existing system of records, entitled “Criminal Investigative Files” (09-90-0003), by updating the “Systems Location” section of that document, and republishing the revised system of records in its entirety. This notice is in accordance with the Privacy Act requirement that agencies publish their amended systems of records in the **Federal Register** when there is a revision, change, or addition. This system of records, maintained by OIG, was last revised and updated on June 19, 2003 (68 FR 36828). EFFECTIVE DATE: These revisions will become effective on January 22, 2007. FOR FURTHER INFORMATION CONTACT: Joel Schaer, Regulations Officer, Office of External Affairs,

(202)619-0089. SUPPLEMENTARY INFORMATION: In accordance with the Inspector General Act of 1978, 5 U.S.C. App. 3, the Criminal Investigative Files system of records is maintained for the purpose of

(1)Conducting, documenting, and tracking investigations conducted by OIG or other investigative agencies regarding HHS programs and operations;

(2)documenting the outcome of OIG reviews of allegations and complaints received concerning HHS programs and operations;

(3)aiding in prosecutions brought against the subjects of OIG investigations;

(4)maintaining a record of the activities that were the subject of investigations;

(5)reporting the results of OIG investigations to other departmental components for their use in operating and evaluating their programs and the imposition of civil or administrative sanctions; and

(6)acting as a repository and source for information necessary to fulfill the reporting requirements of 5 U.S.C. App. 3. This system of records was first published in the **Federal Register** on November 2, 1990 (55 FR 46248). The system of records was last revised and updated on June 19, 2003 (68 FR 36828), by adding a new routine use to allow disclosure of information to authorized officials within the President's Council on Integrity and Efficiency, in compliance with requirements established by the Homeland Security Act of 2002. In accordance with the Privacy Act requirement that agencies publish their amended systems of records in the **Federal Register** when there is a revision, change, or addition, OIG has reviewed and is revising the criminal investigative files system of records by updating and amending the files' “System Location” section. Records in this system have been located and maintained in OIG's regional offices, and the update of the “Systems Location” section will simply reflect changes in mailing addresses and a division of a region. Specifically, the updating of the system locations are necessary to reflect new regional mailing addresses, the change of the Region 7 headquarters office from Denver to Kansas City, and the division of Region 9 into two regions (San Francisco and Los Angeles). This change will not otherwise increase access to these records. Dated: December 4, 2006. Daniel R. Levinson, Inspector General. SYSTEM NAME: Criminal Investigative Files of the Inspector General HHS/OS/OIG. SECURITY CLASSIFICATION: None. SYSTEM LOCATION: Office of Inspector General, HHS, Room 5409, Wilbur J. Cohen Bldg., 330 Independence Avenue, SW., Washington, DC 20201. Region 1, Office of Investigations (OI), OIG, JFK Federal Building, Room 2475, Boston, Massachusetts 02203. Region 2, OI, OIG, 26 Federal Plaza, Room 13-124, New York, New York 10278. Region 3, OI, OIG, Public Ledger Bldg., 150 South Independence Mall West, Suite 326, Philadelphia, Pennsylvania 19106. Region 4, OI, OIG, Atlanta Federal Office, 61 Forsyth Street, SW., Suite 5T18, Atlanta, Georgia 30303. Region 5, OI, OIG, 233 North Michigan Avenue, Suite 1330, Chicago, Illinois 60601. Region 6, OI, OIG, 1100 Commerce Street, Room 629, Dallas, Texas 75242. Region 7, OI, OIG, 1201 Walnut, Suite 920, Kansas City, Missouri 64106. Region 9, OI, OIG, 50 United Nations Plaza, Room 174, San Francisco, California 94102. Los Angeles Region, OI, OIG, 600 West Santa Ana Blvd., Suite 1100, Santa Ana, California 92701. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals relevant to a criminal investigation, including but not limited to the subjects of an investigation, complainants, and key witnesses where necessary for future retrieval. CATEGORIES OF RECORDS IN THE SYSTEM: Criminal investigative files and extracts from that file consisting of a computerized case management and tracking file. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Inspector General Act of 1978, 5 U.S.C. App. 3, authorizes Inspectors General to conduct, supervise, and coordinate investigations relating to the programs and operations of their respective agencies. PURPOSE(S): Pursuant to the Inspector General Act of 1978, 5 U.S.C. App. 3, this system is maintained for the purpose of conducting, documenting, and tracking investigations conducted by the OIG or other investigative agencies regarding HHS programs and operations, documenting the outcome of OIG reviews of allegations and complaints received concerning HHS programs and operations, aiding in prosecutions brought against the subjects of OIG investigations, maintaining a record of the activities that were the subject of investigations, reporting the results of OIG investigations to other departmental components for their use in operating and evaluating their programs and the imposition of civil or administrative sanctions, and acting as a repository and source for information necessary to fulfill the reporting requirements of 5 U.S.C. App. 3. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSE OF SUCH USES: a. Information from this system of records may be disclosed to any other Federal agency or any foreign, State, or local government agency responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation where that information is relevant to an enforcement proceeding, investigation, or prosecution within the agency's jurisdiction. b. Information from this system of records may be disclosed to

(1)The Department of Justice in connection with requests for legal advice and in connection with actual or potential criminal prosecutions or civil litigation pertaining to the Office of Inspector General, and

(2)a Federal or State grand jury, a Federal or State court, administrative tribunal, opposing counsel, or witnesses in the course of civil or criminal proceedings pertaining to the Office of Inspector General. c. 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 decision concerning the hiring or retention of an employee, the issuance of a license, grant or other benefit. d. Information in 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. e. Relevant information may be disclosed from this system of records to the news media and general public where there exists a legitimate public interest, *e.g.* , to provide information on events in the criminal process, such as indictments, and where necessary, for protection from imminent threat to life or property. f. Where Federal agencies having the power to subpoena other Federal agencies' records, such as the Internal Revenue Service, or issue a subpoena to the department for records in this system or records, the department will make such records available. g. When the department contemplates that it will contract with a private firm for the purpose of collating, analyzing, aggregating or otherwise refining records in this system, relevant records will be disclosed to such contractor. The contractor shall be required to maintain Privacy Act safeguards with respect to such records. h. Disclosures may be made to organizations deemed qualified by the Secretary to carry out qualify assessments. i. Information from this system of records may be disclosed in the course of employee discipline of competence determination proceedings. j. Disclosures 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 the individual. k. Information from this 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, an 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 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. l. Information of this system of records may be disclosed to a Federal, State or local agency maintaining pertinent records, if necessary, to obtain a record relevant to a department 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. m. Information from this system of records may be disclosed to third party contacts, including public and private organizations, in order to obtain information relevant and necessary to the investigation of potential violations in HHS programs and operations, or where disclosure would enable the OIG to identify violations in HHS programs or operations or otherwise assist the OIG in pursuing on-going investigations. n. A record may be disclosed to any official charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures employed in investigative operations. This disclosure category includes members of the President's Council on Integrity and Efficiency and officials and administrative staff within their investigative chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation. POLICIES AND PRACTICES FOR STORING, RETRIEVING, REVIEWING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE: The records, which take the form of index cards, investigative reports, microcomputer disks, computer mainframe files and computer printed listings are maintained under secure conditions in limited access areas. Written documents and computer disks are maintained in secure rooms, in security type safes or in lock bar file cabinets with manipulation proof combination locks. Computer mainframe files are on-line in guarded, combination locked computer rooms. RETRIEVABILITY: Records are retrievable by manual or computer search of indices containing the name or Social Security number of the individual to whom the record applies. Records may be cross-referenced by case or complaint number. SAFEGUARDS: Records are maintained in a restricted area and accessed only by department personnel. Access within the OIG is strictly limited to authorized staff members. All employees are given instructions on the sensitivity of such files and the restrictions on disclosure. Access within HHS is strictly limited to the Secretary, Under-Secretary, and other officials and employees on a need-to-know basis. All mainframe computer files and printed listings are safeguarded in accordance with the provisions of the National Institute of Standards and Technology Federal Information Processing Standards 41 and 31, and the HHS Information Resources Management Manual, Part 6, “ADP Systems Security.” RETENTION AND DISPOSAL: Investigative files are retained for 10 years after completion of the investigation and/or action based thereon. Paper and computer indices are retained permanently. The records control schedule and disposal standards may be obtained by writing to the Systems Manager at the address below. SYSTEM MANAGER(S) AND ADDRESS: Inspector General, Room 5250, Wilbur J. Cohen Building, Department of Health and Human Services, 330 Independence Avenue, SW., Washington, DC 20201. NOTIFICATION PROCEDURES: Exempt. However, consideration will be given requests addressed to the system manager. For general inquiries, it would be helpful if the request included date of birth and Social Security number, as well as the name of the individual. RECORDS ACCESS PROCEDURE: Same as notification procedures. Requestors should also reasonably specify the record contents being sought. CONTESTING RECORD PROCEDURES: Contact the system manager at the address specified above, and reasonably identify the record, specify the information to be contested, and the corrective action sought with supporting justification. RECORD SOURCE CATEGORIES: OIG collects information from a wide variety of sources, including information from the department and other Federal, State, and local agencies, witnesses, complaints and other nongovernmental sources. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: In accordance with subsection (j)(2) of the Privacy Act, 5 U.S.C. 552a(j)(2), the Secretary has exempted this system from the access, amendment, correction, and notification provisions of the Act, 5 U.S.C. 552a(c)(3), (d)(1)-(4), (e)(3), and (e)(4)(G) and (H). [FR Doc. E6-20848 Filed 12-7-06; 8:45 am] BILLING CODE 4152-01-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [DHS-2006-0060] Privacy Act of 1974; System of Records AGENCY: Privacy Office; Department of Homeland Security. ACTION: Privacy Act System of Records Notice; extension of comment period. SUMMARY: This document provides additional time for interested persons to submit comments on the system of records notice for the Department of Homeland Security, U.S. Customs and Border Protection Automated Targeting System. DATES: Comments on the Privacy Act System of Records Notice must be received on or before December 29, 2006. ADDRESSES: You may submit comments, identified by docket number, by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments via docket number DHS 2006-0060. • *Fax:* 202-572-8727. • *Mail:* Comments by mail may also be submitted to Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, Washington, DC 20528. • *Instructions:* All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. • *Docket:* For access to the docket to read background documents or comments received go to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: For general questions please contact: Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and Procedures Branch, Bureau of Customs and Border Protection, Office of Regulations & Rulings, Mint Annex, 1300 Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues please contact: Hugo Teufel III (571-227-3813), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background To provide expanded notice and transparency to the public, the Department of Homeland Security (DHS), U.S. Customs and Border Protection

(CBP)published a Privacy Act system of records notice

(SORN)in the **Federal Register** regarding the Automated Targeting System

(ATS)on November 2, 2006 (71 Fed. Reg. 64543). As detailed in the SORN, ATS is the enforcement screening module associated with the Treasury Enforcement Communications System and was previously covered by the Treasury Enforcement Communications System “System of Records Notice.” This system of records is subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a). The DHS Privacy Office published the Privacy Impact Assessment

(PIA)for ATS on November 24, 2006 on its Web site, *www.dhs.gov/privacy* under “Privacy Impact Assessments.” The PIA provides additional background information and context for the SORN, including specific information on measures taken by DHS to protect the privacy of persons whose information might be found in ATS. The SORN referenced above did not identify or create any new collection of information; rather DHS merely provided additional notice and transparency of the functionality of these pre-existing systems. The SORN provided for a thirty day comment period which expired on December 4, 2006. Extension of Comment Period In response to the SORN published in the **Federal Register** , and the PIA published on the web, DHS has received a number of comments from the public requesting an extension of the comment period. DHS has decided to grant the request for the extension. Accordingly, the period of time for the submission of comments is being extended. Comments are now due on or before December 29, 2006. Dated: December 4, 2006. Hugo Teufel III, Chief Privacy Officer. [FR Doc. 06-9595 Filed 12-5-06; 11:07 am]

Connectionstraces to 2

Traces to 2 documents

U.S. Code

9 references not yet in our index

Pub. L. 92-463
5 CFR 1320
42 CFR 422
42 CFR 447.520
Pub. L. 104-191
42 CFR 422.152
42 CFR 413.24
42 CFR 413.65(b)
71 FR 64543

Citation graph

cites case law

Notices

Notice of revisions to existing Privacy Act systems of records

U.S.C.§ 1396s

U.S.C.§ 552a

Pub. L.Pub. L. 92-463

Cite5 CFR 1320

Cite42 CFR 422

Cite42 CFR 447.520

Pub. L.Pub. L. 104-191

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