45196 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

(g) Maintain no record describing how

an individual exercises his or her First

Amendment rights, unless it is

expressly authorized by statute or by the

individual about whom the record is

maintained, or is pertinent to and

within the scope of an authorized law

enforcement activity;

(h) When required by the Act,

maintain an accounting in the specified

form of all disclosures of records by the

Department to persons, organizations, or

agencies;

(i) Maintain and use records with care

to prevent the unauthorized or

inadvertent disclosure of a record to

anyone; and

(j) Notify the appropriate Department

official of any record that contains

information that the Privacy Act does

not permit the Department to maintain.

§ 16.55 Other rights and services.

Nothing in this subpart shall be

construed to entitle any person, as of

right, to any service or to the disclosure

of any record to which such person is

not entitled under the Privacy Act.

4. Appendix I of part 16 is revised to

read as follows:

Appendix I to Part 16—Components of

the Department of Justice

Unless a separate address is listed below,

the address for each component is:

[component name], U.S. Department of

Justice, 950 Pennsylvania Avenue, NW.,

Washington, DC 20530–0001. For all

components marked by an asterisk, FOIA and

Privacy Act requests should be sent to the

Office of Information and Privacy, U.S.

Department of Justice, Flag Bldg., Suite 570,

Washington, DC 20530–0001. The

components are:

A.

Office of the Attorney General *

Office of the Deputy Attorney General *

Office of the Associate Attorney General *

Office of the Solicitor General

B.

Office of Information and Privacy *

Office of the Inspector General

Office of Intelligence Policy and Review

Office of Investigative Agency Policies

Office of Legal Counsel

Office of Legislative Affairs *

Office of Policy Development *

Office of Professional Responsibility

Office of Public Affairs *

C.

Antitrust Division, U.S. Department of

Justice, LPB Bldg., Suite 200,

Washington, DC 20530–0001

Civil Division, U.S. Department of Justice,

901E Bldg., Room 808, Washington, DC

20530–0001

Civil Rights Division, U.S. Department of

Justice, NYAV Bldg., Room 8000B,

Washington, DC 20530–0001

Criminal Division, U.S. Department of

Justice, WCTR Bldg., Suite 1075,

Washington, DC 20530–0001

Environment and Natural Resources

Division

Justice Management Division

Tax Division, U.S. Department of Justice,

JCB Bldg., Room 6823, Washington, DC

20530–0001

Bureau of Prisons, U.S. Department of

Justice, HOLC Bldg., Room 714, 320 First

Street, NW., Washington, DC 20534–

0001

Community Relations Service, U.S.

Department of Justice, BICN Bldg., Suite

2000, Washington, DC 20350–0001

Drug Enforcement Administration, U.S.

Department of Justice, Washington, DC

20537–0001

Executive Office for Immigration Review,

U.S. Department of Justice, Suite 2400,

5107 Leesburg Pike, Falls Church, VA

22041–0001

Executive Office for United States

Attorneys, U.S. Department of Justice,

BICN Bldg., Room 7100, Washington, DC

20350–0001

Executive Office for United States Trustees,

U.S. Department of Justice, 901E Bldg.,

Room 780, Washington, DC 20530–0001

Federal Bureau of Investigation, U.S.

Department of Justice, 935 Pennsylvania

Avenue, NW., Washington, DC 20535–

0001 (for field offices, consult your

telephone book)

Foreign Claims Settlement Commission,

U.S. Department of Justice, BICN Bldg.,

Room 6002, 600 E Street, NW.,

Washington, DC 20579–0001

Immigration and Naturalization Service,

U.S. Department of Justice, CAB Bldg.,

425 Eye Street, NW., Washington, DC

20536–0001 (for field offices, consult

your telephone book)

INTERPOL-U.S. National Central Bureau,

U.S. Department of Justice, BICN Bldg.,

Washington, DC 20350–0001

National Drug Intelligence Center, U.S.

Department of Justice, Fifth Floor, 319

Washington Street, Johnstown, PA

15901–1622

Office of Community Oriented Policing

Services, U.S. Department of Justice, VT1

Bldg., Room 1000, Washington, DC

20530–0001

Office of Justice Programs, U.S. Department

of Justice, IND Bldg., Room 1245, 633

Indiana Avenue, NW., Washington, DC

20531–0001

Pardon Attorney, U.S. Department of

Justice, FRST Bldg., Fourth Floor,

Washington, DC 20530–0001

United States Marshals Service, U.S.

Department of Justice, Lincoln Place,

Room 1250, 600 Army Navy Drive,

Arlington, VA 22202–4210

PART 50—STATEMENTS OF POLICY

5. The authority citation for part 50

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510, and 42 U.S.C. 1921 et seq., 1973c.

§ 50.8 [Removed and reserved]

6. Section 50.8 is removed and

reserved.

Dated: August 13, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–22079 Filed 8–25–97; 8:45 am]

BILLING CODE 4410–BE–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA41

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Exception to the CHAMPUS Dual

Compensation/Conflict of Interest

Provisions

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed Rule.

SUMMARY: This proposed rule provides

an exception to the CHAMPUS dual

compensation/conflict of interest

provisions. This exception is for parttime physician employees of

government agencies.

DATES: Comments must be submitted on

or before October 27, 1997.

ADDRESSES: Forward comments to the

Office of the Civilian Health and

Medical Program of the Uniformed

Services (OCHAMPUS), Program

Development Branch, Aurora, CO

80045-6900.

FOR FURTHER INFORMATION CONTACT:

Stephen E. Isaacson, Program

Development Branch, OCHAMPUS,

telephone (303) 361-1172.

SUPPLEMENTARY INFORMATION: This

proposed rule provides for an exception

to the CHAMPUS dual compensation/

conflict of interest provisions.

Currently, any individual who is a

civilian employee of the United States

government cannot be authorized by

CHAMPUS as a provider of medical

services. The justification for this

prohibition is twofold. First, it is

believed that such individuals should

not receive additional government

compensation above their normal pay

and allowances for providing medical

services to CHAMPUS beneficiaries.

Second, payment for services provided

to CHAMPUS beneficiaries poses

potential or actual conflict of interest

situations since there is a potential for

personal gain by government employees

by referring patients to their private (i.e.,

non-government) practice.

Clearly there could be situations

where a government employee provides

services to a CHAMPUS beneficiary

without a conflict of interest. However,

the number of claims processed by
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45197

CHAMPUS makes reviewing the status

of the provider and circumstances of the

services for each claim administratively

unrealistic. Therefore, this prohibition

has been applied universally to all

providers.

We propose to provide an exception

to this prohibition. There are situations

where government agencies can meet

their needs only by employing

physicians on a part-time basis. For

example, an agency may need the

services of a physician in a certain

specialty but cannot justify employing

the physician on a full-time basis. These

part-time employees maintain a private

practice in which it is reasonable to

expect that they will encounter

CHAMPUS beneficiaries unrelated to

their government employment.

Therefore, we propose to permit these

individuals to be authorized CHAMPUS

providers if they meet three conditions.

First, they must be employed by the

government agency on a part-time

basis—that is, less than twenty (20)

hours per week. We have selected 20

hours as the limit, because we want to

ensure that these physicians are truly

part-time employees needed to fill a

specific requirement. If the agency

needs the services of an employee for

twenty or more hours per week, we

believe a full-time employee should be

utilized. Second, the agency must

certify that unique or special

circumstances detrimental to the

delivery of quality health care exist that

can be overcome only by employing

part-time, non-government, physicians.

Third, the agency and the physician

must certify that they understand and

have taken appropriate measures to

avoid violation of Standards of Conduct,

dual compensation, and conflict of

interest requirements including

protection against referral of patients to

the employee’s private practice.

Providers must certify on each

CHAMPUS claim that he/she is not an

employee of the government. In those

cases where an exception to this

prohibition has been granted, the

provider will be required to certify on

the CHAMPUS claim that an exception

has been granted.

Exceptions can be granted only to

physicians, and no exceptions will be

granted retroactively. In addition, this

exception provision applies to part-time

physicians employed by all U.S.

government agencies, such as those

employed by the Department of

Veterans Affairs which probably has the

most frequent need for it.

It is our intention to delegate approval

of all exceptions to the CHAMPUS fiscal

intermediaries and managed care

contractors. Therefore, requests for

exceptions, including the necessary

certifications, must be sent to the

appropriate CHAMPUS FI/Contractor.

Regulatory Procedures

The Regulatory Flexibility Act (RFA)

requires that each federal agency

prepare, and make available for public

comment, a regulatory flexibility

analysis when the agency issues a

regulation which would have a

significant impact on a substantial

number of small entities.

This proposed rule is not a significant

regulatory action under Executive Order

12866. The changes set forth in this

proposed rule are minor revisions to the

existing regulation. Since this proposed

rule does not impose information

collection requirements, it does not

need to be reviewed by the Executive

Office of Management and Budget under

authority of the Paperwork Reduction

Act of 1995 (44 U.S.C., Chapter 35).

List of Subjects in 32 CFR Part 199

Claims, Handicapped, Health

Insurance, and Military personnel.

PART 199—[AMENDED]

Accordingly, 32 CFR Part 199 is

amended as follows:

1. The authority citation for Part 199

continues to read as follows:

Authority: 5 U.S.C. 301; 10 U.S.C. chapter

55.

2. Section 199.6 is amended by

revising paragraph (a)(3) to read as

follows:

§ 199.6 Authorized providers.

* * * * *

(a) * * *

(3) Dual compensation/conflict of

interest. 5 U.S.C. 5536 prohibits medical

personnel who are active duty

Uniformed Service members or civilian

employees of the Government from

receiving additional Government

compensation above their normal pay

and allowances for medical care

furnished. In addition, Uniformed

Service members and civilian

employees of the Government are

generally prohibited by law and agency

regulations and policies from

participating in apparent or actual

conflict of interest situations in which a

potential for personal gain exists or in

which there is an appearance of

impropriety or incompatibility with the

performance of their official duties or

responsibilities. Active duty Uniformed

Service members (including a reserve

member while on active duty) and

civilian employees of the United States

Government shall not be authorized to

be CHAMPUS providers except as

provided in this paragraph (a)(3). An

exception to this policy may be made by

the Director, OCHAMPUS, on a case-bycase basis only for a physician

employed by the Government on a parttime basis (i.e., less than 20 hours per

week) when the employing agency

requests an exception based on unique

or special circumstances detrimental to

the delivery of quality health care, and

the employing agency and the physician

have certified that they understand and

have taken appropriate measures to

avoid violation of Standards of Conduct,

dual compensation, and conflict of

interest requirements including

protection against referral of patients to

the employee’s civilian practice. A

provider shall certify on each

CHAMPUS claim that he/she is not an

active duty Uniformed Service member

or civilian employee of the Government.

For those physicians who are part-time

government employees and have been

granted an exception, the provider shall

certify on each CHAMPUS claim that an

exception has been granted.

* * * * *

Dated: August 20, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–22631 Filed 8–25–97; 8:45 am]

BILLING CODE–5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 95, 100, 173, 174, 175,

177, 179, 181, and 183

46 CFR Part 25

[CGD 97–029]

Review of Regulations on Boating

Safety

AGENCY: Coast Guard, DOT.

ACTION: Request for comments;

reopening and extension of comment

period.

SUMMARY: In a notice published on May

28, 1997, the Coast Guard announced

that it will conduct a comprehensive

review of currently effective boating

safety regulations during and after the

meeting of the National Boating Safety

Advisory Council (NBSAC) in October

1997. The notice described the

regulations to be reviewed and solicited

comments from the boating community

about which regulations should be

changed. This Notice reopens and

extends the comment period.

DATES: Comments must reach the Coast

Guard on or before September 30, 1997.