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Privacy Act: [ 09-10-0005] State Food and Drug Official File, HHS/FDA/ORA....

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  performance, and career interests of PHS officers to Department and 
  Agency officials involved in the selection or assignment of an officer 
  to a particular program.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  These records or information from these records may be used:
  1. To locate individuals for personnel research or survey response, 
  and 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 work force studies. While published 
  statistics and studies do not contain individual identifiers, in some 
  instances the selection of elements of data included in the study may 
  be structured in such as way as to make the data individually 
  identifiable by inference.
  2. To disclose information to a congressional office from the record 
  of an individual in response to a verified inquiry from the 
  congressional office made at the written request of that individual.
  3. To the Department of Justice, 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 in his or her individual capacity where the 
  Department of Justice (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 litigation is likely to affect HHS or any of its components.

  is a party to litigation or has an interest in such litigation, and 
  HHS determines that the use of such records by the Department of 
  Justice, 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 are collected.
  4. To disclose information, such as, but not limited to, name, home 
  address, social security number, earned income, withholding status, 
  and amount of taxes withheld, to the Department of Treasury for the 
  following purposes: Preparation and issuance of salary, retired pay, 
  and annuity checks; issuance of U.S. Savings bonds; recording income 
  information; and collecting income taxes.
  5. To disclose to State and local government agencies having taxing 
  authority pertinent records relating to employees, retirees, and 
  annuitants, including name, home address, social security number, 
  earned income, and amount of taxes withheld, when these agencies have 
  entered into tax withholding agreements with the Secretary of 
  Treasury, but only to those State and local taxing authorities for 
  which a member, retiree, or annuitant is or was subject to tax, 
  regardless of whether tax is or was withheld.
  6. To disclose pertinent information to appropriate Federal, State, or 
  local agencies; international agencies; or foreign governments 
  responsible for investigating, prosecuting, enforcing, or implementing 
  statutes, rules, regulations, or orders, when PHS becomes aware of 
  evidence of a potential violation of civil or criminal law.
  7. To disclose information to an individual who has been asked to 
  provide a reference, to the extent necessary to clearly identify the 
  individual to whom the reference will pertain, inform the source of 
  the purpose(s) of the reference, and to identify the type of 
  information requested from the source, where necessary to obtain 
  information relevant to an agency decision concerning the hiring or 
  retention of any employee, the issuance of a security clearance, the 
  conducting of a security or suitability investigation of an 
  individual, the classifying of jobs, the letting of a contract, or the 
  issuance of a license, grant, or other benefit.
  8. To disclose to any agency in the executive, legislative, or 
  judicial branch; the District of Columbia Government; a State or local 
  government agency; a professional credentialing agency; or a nonprofit 
  institution; in response to its request, or at the initiation of the 
  Public Health Service, information in connection with the hiring of an 
  employee; the issuance of a security clearance; the conducting of a 
  security or suitability investigation of an individual; the 
  classifying of jobs; the letting of a contract; the issuance of a 
  license, grant or other benefit by the requesting agency; or the 
  lawful statutory, administrative, or investigative purpose of the 
  agency to the extent that the information is relevant and necessary to 
  the requesting agency's decision on the matter. Information disclosed 
  to professional credentialing or licensing organizations may be made 
  through the computer matching program described in the Federal 
  Register, January 19, 1986 (52 FR 1302).
  9. When the Department contemplates contracting 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 a contractor. The contractor shall be required to maintain 
  Privacy Act safeguards with respect to such records. These safeguards 
  are explained in the section entitled ``Safeguards.''
  10. To disclose information to the Department of State and officials 
  of foreign governments for the issuance of passports, visas, and other 
  clearance before an active, retired, or inactive reserve officer is 
  assigned to that country.
  11. To disclose information to the Department of Labor, Veterans 
  Administration, Social Security Administration, or other Federal 
  agencies having special employee benefit programs; to a national, 
  State, county, or municipal agency; or to a publicly recognized 
  charitable organization when necessary to adjudicate a claim under a 
  benefit program, or to conduct analytical studies of benefits being 
  paid under such programs, provided such disclosure is consistent with 
  the purposes for which the information was originally collected.
  12. To disclose information to the Office of Management and Budget 
  (OMB) at any stage in the legislative coordination and clearance 
  process in connection with private relief legislation as set forth in 
  OMB Circular No. A-19, or for budgetary or management oversight 
  13. When an individual to whom a record pertains is mentally 
  incompetent or under other legal disability, information in the 
  individual's record may be disclosed to any person who is legally 
  responsible for the care of the individual, to the extent necessary to 
  assure payment of benefits to which the individual is entitled.
  14. To respond to interrogatories in the prosecution of a divorce 
  action or settlement for purposes stated in 10 U.S.C. 1408 (``The 
  Former Spouses' Protection Act'').
  15. To disclose information about the entitlements and benefits of a 
  beneficiary of a deceased active duty officer, retiree, or annuitant 
  for purposes of making disposition of the estate.
  16. To disclose information to the Department of Defense, United 
  States Coast Guard, or Federal Emergency Management Agency, to the 
  extent necessary to facilitate participation of PHS members in 
  planning, training, and emergency operations in support of civil 
  defense activities, and to provide support in the event of a national 
  17. To disclose information to Government training facilities 
  (Federal, State, and local) and to non-Government training facilities 
  (e.g., private vendors of training courses or programs, private 
  schools) for training purposes, such as crediting of work experience 
  in the Commissioned Office Student Training and Extern Program, or 
  verification of status or income.
  18. To disclose information to the Defense Enrollment/Eligibility 
  Reporting System (DEERS), uniformed services medical treatment 
  facilities and to the Department of Defense Office of the Civilian 
  Health and Medical Program of the Uniformed Services, when the 
  information is needed to verify the eligibility of an officer, his/her 
  dependents, or a former spouse for medical benefits.
  19. To disclose information to agencies or organizations established 
  in medically underserved areas who apply to the National Health 
  Service Corps for the assignment of commissioned officers to such 
  agencies or organizations.
  20. To disclose information on officers assigned to Federal health 
  care facilities to private sector (i.e., other than Federal, State, or 
  local government) agencies, boards, or commissions (e.g. the Joint 
  Commission on Accreditation of Hospitals), to obtain accreditation or 
  other approval rating but only to the extent that the information 
  disclosed is relevant and necessary for that purpose.
  21. When Federal agencies having the power to subpoena other Federal 
  agencies' records, such as the Internal Revenue Service or the Civil 
  Rights Commission, issue a subpoena to the Department for records in 
  this system of records, the Department may make such records 
  22. To disclose to a private employer who is considering hiring a 
  former officer information such as the officer's dates of employment, 
  salary, job title and description, duty station, and character and 
  nature of separation.
  23. 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, 
  examination of Federal affirmative employment programs, or other 
  functions vested in the Commission by the President's Reorganization 
  Plan No. 1 of 1978.
  24. To disclose to Federal and non-Federal agencies information 
  allowing the consideration and selection of officers for honor awards 
  made as a result of the individuals work as a commissioned officer, 
  and to publicize those awards granted. This may include disclosure to 
  other public and private organizations, including news media, which 
  grant or publicize officer awards and honors.
  25. To disclose information to officials of the Selective Service 
  System to allow crediting of active service performed by an individual 
  with PHS so that the individual may be properly classified if draft 
  laws once again become operative.
  26. To disclose administrative and personnel information, including 
  data elements reflected in the Officer Information Summary (OIS), to 
  authorized officials in Federal agencies where commissioned officers 
  are assigned, such as the State Department; the Department of Defense; 
  the Department of Justice, Bureau of Prisons and the Immigration and 
  Naturalization Service; the Transportation Department, United States 
  Coast Guard; the Environmental Protection Agency; the Interior 
  Department, United States Park Service; and the Commerce Department, 
  National Oceanic and Atmospheric Administration.
Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system: 
  Automated files are stored on disks, microfiche, and magnetic tapes. 
  Nonautomated (hard-copy) files are kept in offices, and may be stored 
  in Lektrievers, Conserv-a-files, safes, cabinets, bookcases, or desks.
  Alphabetically by name, by PHS serial number, and by Social Security 
  Number in accordance with section 7(a)(2)(B) of the Privacy Act and 
  Executive Order 9397, ``Numbering System for Federal Accounts Relating 
  to Individual Persons''.
  1. Authorized Users
  a. Automated Records. Access to and use of automated records is 
  limited to (1) personnel employed in the Office of the Surgeon 
  General, (2) personnel employed in the Division of Commissioned 
  Personnel, Office of the Surgeon General/PHS, (3) authorized officials 
  in HHS components and organizations where commissioned officers are 
  assigned whose official duties require such access and (4) authorized 
  officials in other Federal agencies, such as those in routine use 26 
  above, where commissioned officers are assigned whose official duties 
  require such access. Automated data is provided to Department 
  personnel officials to update information contained in their personnel 
  records and pay, leave and attendance systems. The Commissioned 
  Officers and Field Systems Division (COFSD), Office of the Assistant 
  Secretary for Personnel, provides computer design, programming and 
  support to DCP, and has access to the data to the extent necessary to 
  facilitate the provision of these services to DCP. However, COFSD 
  personnel are not authorized to grant access to or make disclosures 
  from automated data in this system to anyone (ital.) or any 
  organization (ital.) without the express written approval of the 
  Director of DCP or to an official to whom this authority has been 
  b. Nonautomated records. Access to and use of nonautomated records is 
  limited to departmental employees whose official duties require such 
  access or to individuals needing access to the information for 
  purposes stated under routine uses. These individuals are permitted 
  access to records only after they have satisfactorily identified 
  themselves as having an official need to review the information and 
  have provided satisfactory proof of their identities. Access is also 
  granted to individuals who have written permission to review the 
  record when that permission has been obtained from the individual to 
  whom the record pertains. All individuals from outside the Department, 
  to whom disclosure is made pursuant to a routine use, must complete 
  Privacy Act nondisclosure oaths and must submit written requests for 
  access to these records showing the name and employing office of the 
  requester, the date on which the record is requested, and the purpose 
  for reviewing the information in the record. This written request is 
  then placed into the record.
  2. Physical safeguards;
  a. Automated records. Terminals by which automated records are 
  accessed are kept in offices secured with combination locks. Automated 
  records on magnetic tape, disks, and other computer equipment are kept 
  in rooms designed to protect the physical integrity of the record 
  media and equipment. These rooms are within inner offices to which 
  access is permitted only with special clearance. Outer offices are 
  secured with combination locks. During nonwork hours all cabinets, 
  storage facilities, rooms and offices are locked and the premises are 
  patrolled regularly by building security forces.
  b. Nonautomated records. Nonautomated records are kept in such a way 
  as to prevent observation by unauthorized individuals while the 
  records are actively in use by an authorized employee. When records 
  are not in use, they are closed and secured in desk drawers with 
  locks, metal filing cabinets with locks, or other security equipment, 
  all of which are kept inside authorized office space which is locked 
  whenever it is not in use. Keys to furniture and equipment are kept 
  only by the individual who is assigned to that furniture or equipment 
  and by the DCP security officer or by the Director of the PHS Data 
  Records Center.
  3. Procedural safeguards;
  a. Automated records. Automated records are secured by assigning 
  individual access codes to authorized personnel, and by use of 
  passwords for specific records created by authorized personnel. Access 
  codes and passwords are changed for each authorized user approximately 
  every 90 days, on a random schedule. In addition, programming for 
  automated records allows authorized personnel to access only those 
  records that are essential to their duties. Remote access to automated 
  data from remote terminals is restricted to the OSG and Agency 
  personnel officials where Commissioned Officers are employed. No 
  access is permitted to Agencies that do not have automated personnel 
  recordkeeping systems that comply with Privacy Act requirements.
  b. Nonautomated records. All files are secured when employees are 
  absent from the premises and are further protected by combination 
  locks on entryways and by the building security force. Official 
  records may not be removed from the physical boundaries of DCP. When 
  records are needed at a remote location, copies of the records will be 
  provided. When copying records for authorized purposes, care is taken 
  to ensure that any imperfect or extra copies are not left in the 
  reproduction room where they can be read, but are destroyed or 
  4. Implementing Guidelines. Safeguards for automated records are 
  provided in accordance with Part 6 of the Department's Information 
  Resources Management Manual. Safeguards for nonautomated records are 
  provided in accordance with chapters 45-13 and PHS.hf:45-13 of the 
  Department's General Administration Manual.
  5. Contractor Guidelines. A contractor who is given records under 
  routine use 9 must maintain the records in a secured area, allow only 
  those individuals immediately involved in the processing of the 
  records to have access to them, prevent any unauthorized persons from 
  gaining access to the records, caution employees about the 
  confidentiality of the records, and return the records to the System 
  Manager immediately upon completion of the work specified in the 
  contract. Contractor compliance is assured through inclusion of 
  Privacy Act requirements in contract clauses, and through monitoring 
  by contract and project officers. Contractors who maintain records are 
  instructed to make no disclosure of the records except as authorized 
  by the System Manager.
Retention and disposal: 
  These records are maintained for varying periods of time. Applicant 
  files of individuals selected for appointment as commissioned officers 
  become the Official Personnel Folder. Applicant files of individuals 
  not selected for appointment are maintained for two years after the 
  application process has been completed and are then destroyed, unless 
  an applicant requests that the file be held open for an additional 
  year. The OPF is maintained for one year after an officer separates 
  from active duty, at which time such officer's OPF is transferred to a 
  Federal Records Center for permanent storage. The OPF for inactive 
  reserve officers is maintained at the PHS Health Date Center. When 
  inactive reserve officers change status, the OPF is returned to DCP.
  The records of a deceased officer are maintained until one year after 
  an individual's death and are then transferred to a Federal Records 
  Center for permanent storage, unless a dependent of a deceased officer 
  continues to receive benefits from PHS based upon the deceased's PHS 
  service. When a dependent or beneficiary dies or becomes ineligible 
  for further benefits based on a deceased officer's service, all 
  records are maintained for one year, in the event information is 
  needed from the records to help settle an estate, and are then 

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