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SORN 09-90-0080

System name: The Secretary's Advisory Committee Candidate Files, HHS/OS/ES.

Security classification:  None.

System location:   Department of Health and Human Services, Immediate Office of the Secretary, Special Assistant to the Secretary for Advisory Committees, Room 602E, Humphrey Building, 200 Independence Avenue SW, Washington, DC 20201.  Computer site and location: ADP Network Services, Inc., 40 2nd Avenue, Waltham, Mass 02154.

Categories of individuals covered by the system:   Individuals who are being considered for membership on advisory committees within the jurisdiction of the Department of Health and Human Services.

Categories of records in the system:  Information maintained on individuals recommended as members of Advisory Committees subject to this notice consists of one or more of the following: Name, title, sex, physically disabled indicator, place and date of birth, home address, business address, organizational affiliation, ethnic background, resume, curriculum vitae, dates of term(s) on advisory committee, current status on advisory committee, reason for leaving advisory committee, previous or current membership on other advisory committees, special qualifications of the individual for the advisory committee membership, source who recommended the individual for membership on advisory committee and miscellaneous correspondence. Additionally, letters of recommendation are included in the file.

Authority for maintenance of the system:  5 U.S.C. 3301.

Purpose(s):  To provide the Secretary with the capability to search a file of candidate resumes for positions on HHS advisory committees.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

a. In the event that a system of records maintained by this agency 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 of particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether federal, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.

b. In the event the Department deems it desirable or necessary, in determining whether particular records are required to be disclosed under the Freedom of Information Act, disclosure may be made to the Department of Justice for the purpose of obtaining its advice.

c. In the event of litigation where the defendant is (a) the Department, any component of the Department, or any employee of the Department in his or her official capacity; (b) the United States

where the Department determines that the claim, if successful, is likely to directly affect the operations of the Department or any of its components; or (c) any Department employee in his or her individual capacity where the Justice Department has agreed to represent such employee, the Department may disclose such records as it deems desirable or necessary to the Department of Justice to enable that Department to present an effective defense, provided such disclosure is compatible with the purpose for which the records were collected.

d. Disclosure 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 that individual.

e. Records may be disclosed to student volunteers, individuals working under a personal services contract, and other individuals performing functions for the Department but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:  

Storage:  Records are maintained in hard-copy stored in file cabinets, on index cards, on magnetic tape, or in computer storage.

Retrievability:  For the most part records are maintained in an alphabetical index by name of the individual. Certain files are based on other factors, e.g., Advisory Committee name, with a cross index based on an alphabetical listing of individuals. Certain other records are retrievable by individually identifiable computer identification codes, last name, first name, sex, handicapped indicator, professional expertise and ethnic background. All fields within the individual computer record can be accessed by the computer system language, and are available for administrative purposes via on-line, interactive terminals either in hard-copy or electronic visual display devices for reports. Records of candidates for Advisory Committees will be created and maintained on the data base which is accessible by on-line, interactive computer technology. Uses include special administrative reports, quarterly alphabetical listings of past, present, and recommended members of Advisory Committees, computer lists of vacancies, acceptances, separations, active members, statistical reports by sex, youth, geographical location, etc.; documentation of nominations; and other administrative needs.

Safeguards:  Direct access to records is restricted to authorized personnel through locked files, rooms, and buildings as well as building pass and security guard-sign-in systems. Certain facilities are also protected by closed circuit television systems. Computer systems are secured through locked magnetic tape libraries as well as lockword-password computer access systems.

Retention and disposal:  Retention is variable from one year to permanent retention depending upon the type of record, e.g., names of former members of advisory committees are retained permanently. Records are disposed of as trash by the system manager or Office of Security depending on the confidentiality of the information contained on the record.

System manager(s) and address:  Special Assistant to the Secretary for Advisory Committee, Room 602E, Humphrey Building, 200 Independence Avenue, SW, Washington, DC 20201.

Notification procedure:  Write to the Systems Manager at the above address. Verification of identification of individuals inquiring as to information contained in this system of records will be required by the submission of full last name, first name, and address of residence.

Record access procedures:  Same as notification procedures. Requesters should also reasonably specify the record contents being sought. (These access procedures are in accordance with the Department Regulations (45 CFR 5b.5(a)(2)) Federal Register, October 8, 1975, page 47410.)

Contesting record procedures:  Contact the official at the address specified under notification procedures above, and reasonably identify the record and specify the information to be contested and corrective action sought with supporting justification. (These procedures are in accordance with

Department Regulations (45 CFR 5b.7) Federal Register, October 8, 1975, page 47411.)

Record source categories:  The vast majority of information contained in records on individuals is obtained directly from the individual. Other information in the form of references and recommendations is obtained from other private individuals, program personnel, biographical reference books, private organizations, former employers, regional offices of HHS, Members of Congress, and other government sources.

Systems exempted from certain provisions of the act:  None.

Content created by Freedom of Information Act (FOIA) Division