Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80127 

e.g., permitting electronic submission of 

responses. 

Maile Arthur, 

Acting Records Management Branch Chief, 

Office of the Chief Administrative Officer, 

Mission Support, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. 2020–27355 Filed 12–10–20; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. DHS–2020–0049] 

Privacy Act of 1974; System of 

Records 

AGENCY: U.S. Department of Homeland 

Security. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the U.S. 

Department of Homeland Security 

(DHS) proposes to modify a current DHS 

system of records titled, ‘‘DHS/ALL–047 

Records Related to DHS Personnel, 

Long-Term Trainees, Contractors, and 

Visitors During a Declared Public Health 

Emergency System of Records,’’ and 

retitle it, ‘‘DHS/ALL–047 Records 

Related to DHS Personnel, Long-Term 

Trainees, Contractors, Mission Support 

Individuals, and Visitors During a 

Declared Public Health Emergency 

System of Records.’’ This system of 

records describes DHS’s collection, use, 

and maintenance of records on 

individuals associated with DHS and its 

facilities during a declared public health 

emergency. DHS is updating this system 

of records to more clearly articulate the 

relevant authorities and purpose; 

modify the categories of individuals to 

include individuals who support DHS 

missions, but were outside the 

previously defined categories of 

individuals; modify the categories of 

records to include those records 

collected and disclosed in accordance 

with the requirements of the 

Coronavirus Aid, Relief, and Economic 

Security Act (CARES Act); and add an 

additional routine use. This modified 

system will be included in DHS’s 

inventory of record systems. 

DATES: Submit comments on or before 

January 11, 2021. This modified system 

will be effective upon publication. New 

or modified routine uses will be 

effective January 11, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2020–0049 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Constantina Kozanas, Chief 

Privacy Officer, Privacy Office, U.S. 

Department of Homeland Security, 

Washington, DC 20528–0655. 

Instructions: All submissions received 

must include the agency name and 

docket number DHS–2020–0049. 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 and privacy questions, please 

contact: Constantina Kozanas, (202) 

343–1717, Privacy@hq.dhs.gov, Chief 

Privacy Officer, Privacy Office, U.S. 

Department of Homeland Security, 

Washington, DC 20528–0655. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Secretary of the Department of 

Health and Human Services (HHS) may, 

under section 319 of the Public Health 

Service (PHS) Act (codified at 42 U.S.C. 

247d), declare that: (a) A disease or 

disorder presents a public health 

emergency; or (b) that a public health 

emergency, including significant 

outbreaks of infectious disease or 

bioterrorist attacks, otherwise exists. 

The declaration lasts for the duration of 

the emergency or 90 days but may be 

extended by the Secretary of HHS. 

Congress must be notified of the 

declaration within 48 hours. The U.S. 

Department of Homeland Security 

(DHS) must ensure the safety of its 

workforce, including when the 

Secretary of HHS or the responsible, 

designated State official determines and 

declares that a public health emergency 

exists. Responses to public health 

emergencies depend on the nature of the 

emergency, but in the context of 

infectious disease or other events that 

can cause widespread harm to the 

health of DHS personnel and others in 

DHS facilities, in order to ensure a safe 

and secure workspace, DHS may collect 

information on DHS personnel (i.e., 

employees, detailees, interns, and 

volunteers), contractors, long-term 

trainees, mission support individuals, 

and visitors at or on buildings, grounds, 

and properties that are owned, leased, 

or used by DHS. 

This system of records covers 

information collected on DHS 

personnel, contractors, long-term 

trainees, mission support individuals, 

and visitors at or on buildings, grounds, 

and properties that are owned, leased, 

or used by DHS who have contracted or 

may have been exposed to a suspected 

or confirmed disease or illness that is 

the subject of a declared public health 

emergency or who must undergo 

preventative testing for a disease or 

illness that is the subject of a declared 

public health emergency as a 

requirement of federal, state, or local 

public health orders. The information 

collected may include identifying and 

contact information of individuals who 

have been suspected or confirmed to 

have contracted a disease or illness, or 

who have been exposed to an individual 

who had been suspected or confirmed to 

have contracted a disease or illness, 

related to a declared public health 

emergency; individual circumstances 

and dates of suspected exposure; testing 

results, symptoms, and treatments; and 

health status information. DHS 

maintains this information to reduce the 

spread of the disease or illness among 

DHS personnel, contractors, long-term 

trainees, mission support individuals, 

and visitors at or on buildings, grounds, 

and properties that are owned, leased, 

or used by DHS. In certain instances, 

depending on the type of record 

collected and maintained, for federal 

employees, this information will also be 

maintained and covered by Office of 

Personnel Management/Government-10 

Employee Medical File System Records 

(75 FR 35099, June 21, 2010). However, 

any collection and use of records 

covered by the DHS/ALL–047 Records 

Related to DHS Personnel, Long-Term 

Trainees, Contractors, Mission Support 

Individuals, and Visitors During a 

Declared Public Health Emergency 

System of Records is only permitted 

during times of a declared public health 

emergency and when the circumstances 

permit the Department to collect and 

maintain such information on the 

various categories of DHS personnel, 

contractors, long-term trainees, mission 

support individuals, and visitors at or 

on buildings, grounds, and properties 

that are owned, leased, or used by DHS. 

It must first be determined that the 

circumstances surrounding the declared 

public health emergency permit the 

Department to collect and maintain the 

information that may fall within the 

scope of this system of records. To make 

this determination, these circumstances 

must be examined in conjunction with 

all applicable laws, including the U.S. 

Constitution, federal privacy laws, 

federal labor and employment laws, and 

federal workforce health and safety 

laws. Different laws may apply 


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depending upon the type of information 

at issue, who the information pertains 

to, who collected the information, and 

how the information is collected, 

maintained, and used by the 

Department. 

For instance, when collecting 

information on DHS employees, there 

are several employment laws that 

govern the collection, dissemination, 

and retention of employee medical 

information. These employment laws 

include the Americans with Disability 

Act (ADA), the Rehabilitation Act of 

1973 (Rehab Act), and the Occupational 

Safety and Health Act of 1970 (OSH 

Act). Generally, under federal 

employment laws, medical information 

pertaining to employees is confidential 

and may be obtained by an employer 

only for certain reasons and only at 

certain points in the employment 

relationship. During a public health 

emergency, an employer may be 

permitted to collect certain employee 

medical information that it would not 

otherwise be permitted to collect 

depending upon the circumstances. 

Whether an employer is permitted to 

collect otherwise confidential employee 

medical information during a public 

health emergency depends upon 

whether an employee or a potential 

employee poses a ‘‘direct threat’’ to 

others within the meaning of the 

Americans with Disabilities Act of 1990, 

the Americans with Disabilities 

Amendments Act of 2008, and the 

Rehabilitation Act of 1973. Again, this 

system of records will apply if it is 

determined that the circumstances 

permit the Department to legally collect 

the employee medical information at 

issue in the first instance. 

Further, this system of records notice 

(SORN) is being updated to include a 

reference to the Genetic Information 

Nondiscrimination Act of 2008 (GINA), 

42 U.S.C. 2000ff to ff–11. Title II of 

GINA prohibits employment 

discrimination based on genetic 

information, including family medical 

history; restricts the circumstances 

under which employers may lawfully 

acquire applicants’ and employees’ 

genetic information; and prohibits the 

disclosure of applicants’ and employees’ 

genetic information, with limited 

exceptions, including those stated in 42 

U.S.C. 2000ff–5(b) and 29 CFR 

1635.9(b). DHS may request the 

circumstances of an individual’s 

suspected or actual exposure to a 

disease or illness that is the subject of 

a declared public health emergency, 

including the source of exposure. 

Although it is not the intent for DHS to 

collect family medical information, an 

individual may indicate that they were 

exposed to specific family members 

who have been diagnosed with, or are 

suspected to have, the disease or illness 

in question. To the extent this 

information may be acquired 

inadvertently, such information will be 

kept as a ‘‘confidential medical record’’ 

and maintained separately from an 

employee’s general medical files, 

pursuant to 42 U.S.C. 2000ff–5(a) and 29 

CFR 1635.9(a). 

This SORN is also being updated to 

include DHS mission support 

individuals in the categories of 

individuals. DHS mission support 

individuals include those who are 

assigned from other federal, state, local, 

or private agencies to support DHS 

missions and operations at or on 

buildings, grounds, and properties that 

are owned, leased, or used by DHS. For 

example, the Federal Emergency 

Management Agency (FEMA) may 

collect information from non-DHS 

individuals, including those from a state 

agency, that have been assigned to work 

a disaster response in support of DHS 

and FEMA. 

Additionally, this SORN is being 

published to update the authorities and 

categories of records to include records 

that are required to be reported to public 

health officials in accordance with the 

Coronavirus Aid, Relief, and Economic 

Security Act (CARES Act), as cited in 

the authorities’ section below. The 

CARES Act requires ‘‘[e]very laboratory 

that performs or analyzes a test that is 

intended to detect or to diagnose a 

possible case of COVID–19 to report the 

results from each such test to the 

Secretary of HHS in such form and 

manner, and at such timing and 

frequency, as the Secretary may 

prescribe until the end of the Secretary’s 

Public Health Emergency declaration 

with respect to COVID–19 or any 

extension of such declaration.’’ As 

provided for by HHS guidance, 

laboratory entities are required to report 

certain data for all testing completed, for 

each individual tested, within 24 hours 

of results being known or determined, 

on a daily basis to the appropriate state 

or local public health department based 

on the individual’s residence. To the 

extent permitted by law, this 

information may be collected, and 

subsequently shared with state and local 

public health officials, as a result of 

DHS contracting with laboratories to 

analyze tests to determine whether a 

DHS employee, long-term trainee, 

mission support individual, or 

contractor had contracted the disease or 

illness. This additional change to 

include testing reporting requirements 

is reflected in the updated purpose 

section of this SORN. 

DHS is adding Routine Use I, 

permitting the sharing of information to 

the news media and the public, with the 

approval of the Chief Privacy Officer in 

consultation with counsel. Instances of 

this disclosure may occur if highranking DHS personnel are impacted 

and disclosure of their status is 

important to uphold public confidence 

in DHS. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/ALL–047 Records Related to 

DHS Personnel, Long-Term Trainees, 

Contractors, Mission Support 

Individuals, and Visitors During a 

Declared Public Health Emergency 

System of Records may be shared with 

other DHS Components that have a need 

to know the information to carry out 

their mission essential functions, but 

only if it is first determined that the 

information may be shared under all 

other applicable laws and DHS policies. 

In addition, to the extent permitted by 

law, DHS may share information with 

appropriate federal, state, local, tribal, 

territorial, foreign, or international 

government agencies consistent with the 

routine uses set forth in this SORN. 

This modified system will be 

included in DHS’s inventory of record 

systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which federal government 

agencies collect, maintain, use, and 

disseminate individuals’ records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

from which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent 

residents. Additionally, the Judicial 

Redress Act (JRA) provides covered 

persons with a statutory right to make 

requests for access and amendment to 

covered records, as defined by the JRA, 

along with judicial review for denials of 

such requests. In addition, the JRA 

prohibits disclosures of covered records, 

except as otherwise permitted by the 

Privacy Act. 

Below is the description of the DHS/ 

ALL–047 Records Related to DHS 

Personnel, Long-Term Trainees, 

Contractors, Mission Support 

Individuals, and Visitors During a 

Declared Public Health Emergency 

System of Records. 


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In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

SYSTEM NAME AND NUMBER: 

U.S. Department of Homeland 

Security (DHS)/ALL–047 Records 

Related to DHS Personnel, Long-Term 

Trainees, Contractors, Mission Support 

Individuals, and Visitors During a 

Declared Public Health Emergency 

System of Records. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained at the DHS 

Headquarters and Component offices in 

Washington, DC and field offices, and 

contractor-owned and operated 

facilities. 

SYSTEM MANAGER(S): 

Chief, Medical Quality & Risk 

Reduction Branch, Workforce Health 

and Safety, Office of the Chief Human 

Capital Officer, U.S. Department of 

Homeland Security, 

OCHCOPrivacyOfficer@hq.dhs.gov. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Section 319 of the Public Health 

Service (PHS) Act (42 U.S.C. 274d); 

Coronavirus Aid, Relief, and Economic 

Security (CARES) Act, Public Law 116– 

136, Div. B., Title VIII, sec. 18115, 134 

Stat. 574 (codified in 42 U.S.C. 274d 

note); DHS Chief Medical Officer’s 

authorities pursuant to 6 U.S.C. sec. 350 

and 6 U.S.C. sec. 597; 6 U.S.C. sec. 464; 

21 U.S.C. 360bbb–3; 40 U.S.C. 1315; 

American with Disabilities Act, 

including 42 U.S.C. 12112(d)(3)(B), 29 

CFR 602.14, 1630.2(r), 1630.14(b)(1), 

(c)(1), (d)(4); Medical Examinations for 

Fitness for Duty Requirements, 

including 5 CFR part 339; Workforce 

safety federal requirements, including 

the Occupational Safety and Health Act 

of 1970, Executive Order 12196, 5 

U.S.C. 7902; 29 U.S.C. Chapter 15 (e.g., 

29 U.S.C. 668), 29 CFR part 1904, 29 

CFR 1910.1020, and 29 CFR 1960.66; 

Genetic Information Nondiscrimination 

Act of 2008, 42 U.S.C. secs. 2000ff to ff– 

11, and 29 CFR part 1635; and United 

States Coast Guard authorities, 

including 10 U.S.C. Subtitle A, Part II, 

Chapter 55, Medical and Dental Care, as 

applicable, 14 U.S.C. 504(a)(17), 14 

U.S.C. 936, 14 U.S.C. 3705, 42 U.S.C. 

253, 32 CFR part 199, and 42 CFR 31.2– 

31.10. 

PURPOSE(S) OF THE SYSTEM: 

The purpose of this system is to 

maintain records to protect the 

Department’s workforce and respond to 

a declared public health emergency. For 

instance, DHS may use the information 

collected to conduct contact tracing (i.e., 

the subsequent identification, 

monitoring, and support of a confirmed 

or probable case’s close contacts who 

have been exposed to, and possibly 

infected with, the disease or illness at or 

on buildings, grounds, and properties 

that are owned, leased, or used by DHS); 

institute preventative testing to permit 

entry to buildings, grounds, and 

properties that are owned, leased, or 

used by DHS to minimize exposure; and 

fulfill testing reporting requirements, to 

the extent permitted by law. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Department personnel (including 

employees, detailees, interns, and 

volunteers), long-term trainees (such as 

Federal Law Enforcement Training 

Centers (FLETC) students), contractors, 

mission support individuals, and 

visitors (all other federal employees, 

applicants, and members of the public) 

at or on buildings, grounds, and 

properties that are owned, leased, or 

used by DHS who are suspected or 

confirmed to have a disease or illness 

that is the subject of a declared public 

health emergency, or may have been or 

could have been exposed to someone 

who is suspected or confirmed to have 

a disease or illness that is the subject of 

a declared public health emergency, or 

who must undergo preventative testing 

for a disease or illness that is the subject 

of a declared public health emergency 

as a requirement of federal, state, or 

local public health orders. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

For DHS personnel, long-term 

trainees, contractors, and mission 

support individuals, the following 

information may be collected: 

• Individual’s full name; 

• Preferred phone number(s); 

• DHS duty location, facility, and 

specific work space accessed; 

• Preferred email address(es); 

• Individual’s supervisor’s name, 

address, and contact information, and/ 

or the contractor’s supervisor/ 

contracting officer representative name, 

address, and contact information; 

• Date(s) and circumstances of the 

individual’s suspected or actual 

exposure to disease or illness including 

symptoms, as well as locations within 

DHS workplace where an individual 

may have contracted or been exposed to 

the disease or illness; and names and 

contact information of other employees, 

long-term trainees, contractors, mission 

support individuals, or visitors that the 

individual interacted with at or on a 

DHS workspace, facility, or grounds 

during time the individual was 

suspected to or had contracted the 

disease or illness; 

• Current work status of the 

individual (e.g., administrative leave, 

sick leave, teleworking, in the office, 

deployed to the field) and affiliated 

leave status information; 

• Other individual information 

directly related to the disease or illness 

(e.g., testing results/information, 

symptoms, treatments (e.g., vaccines), 

source of exposure); 

• Other information for verification 

purposes when disclosed to thirdparties; and 

• Information collected in accordance 

with CARES Act reporting requirements 

or other HHS statutory, regulatory, and 

administrative reporting requirements. 

For visitors at or on buildings, 

grounds, and properties that are owned, 

leased, or used by DHS, the following 

information may be collected: 

• Full name; 

• Preferred phone number(s); 

• Preferred email address(es); 

• Date(s) and time(s) of entrance and 

exit from DHS workspaces, facilities, 

and grounds; 

• Name(s) of all individuals 

encountered while in or at DHS 

workspaces, facilities, and grounds. 

• Information indicating plans on 

entering a DHS workspace, facility, or 

grounds in the near future; and 

• Other records covered by DHS/ 

ALL–024 Facility and Perimeter Access 

Control and Visitor Management System 

of Records (75 FR 5609, February 3, 

2010) that are relevant and necessary to 

achieve the purpose of this SORN. 

RECORD SOURCE CATEGORIES: 

When permitted by applicable law, 

records may be obtained from DHS 

personnel, long-term trainees, 

contractors, mission support 

individuals, and visitors at or on 

buildings, grounds, and properties that 

are owned, leased, or used by DHS; their 

family members; federal, state, local, 

tribal, territorial, and foreign 

government agencies; employers and 

other entities and individuals who may 

provide relevant information on a 

suspected or confirmed disease or 

illness that is the subject of a declared 

public health emergency. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 


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contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows, to the extent permitted by other 

applicable laws as described herein: 

A. To the Department of Justice (DOJ), 

including the U.S. Attorneys Offices, or 

other federal agency conducting 

litigation or proceedings before any 

court, adjudicative, or administrative 

body, when it is relevant or necessary to 

the litigation and one of the following 

is a party to the litigation or has an 

interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee or former employee 

of DHS in his/her official capacity; 

3. Any employee or former employee 

of DHS in his/her individual capacity, 

only when DOJ or DHS has agreed to 

represent the employee; or 

4. The United States or any agency 

thereof. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made at the request of the individual to 

whom the record pertains. 

C. To the National Archives and 

Records Administration (NARA) or 

General Services Administration 

pursuant to records management 

inspections being conducted under the 

authority of 44 U.S.C. 2904 and 2906. 

D. To an agency or organization for 

the purpose of performing audit or 

oversight operations as authorized by 

law, but only such information as is 

necessary and relevant to such audit or 

oversight function. 

E. To appropriate agencies, entities, 

and persons when (1) DHS suspects or 

has confirmed that there has been a 

breach of the system of records; (2) DHS 

has determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, DHS 

(including its information systems, 

programs, and operations), the federal 

government, or national security; and 

(3) the disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize, or 

remedy such harm. 

F. To another federal agency or 

federal entity, when DHS determines 

that information from this system of 

records is reasonably necessary to assist 

the recipient agency or entity in (1) 

responding to a suspected or confirmed 

breach or (2) preventing, minimizing, or 

remedying the risk of harm to 

individuals, the recipient agency or 

entity (including its information 

systems, programs, and operations), the 

federal government, or national security, 

resulting from a suspected or confirmed 

breach. 

G. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

H. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations, to the extent permitted by 

law, and in consultation with DHS legal 

counsel, for the purpose of protecting 

the vital interests of a data subject or 

other persons, including to assist such 

agencies or organizations in preventing 

exposure to or transmission of a 

communicable or quarantinable disease 

or to combat other significant public 

health threats; appropriate notice will 

be provided of any identified health 

risk. 

I. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information, when disclosure is 

necessary to preserve confidence in the 

integrity of DHS, or when disclosure is 

necessary to demonstrate the 

accountability of DHS’s officers, 

employees, or individuals covered by 

the system, except to the extent the 

Chief Privacy Officer determines that 

release of the specific information in the 

context of a particular case would 

constitute a clearly unwarranted 

invasion of personal privacy. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

DHS stores records in this system 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records may be stored 

on magnetic disc, tape, and digital 

media. Medical information collected is 

maintained on separate forms and in 

separate medical files and are treated as 

a confidential medical record. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

DHS may retrieve records by any of 

the categories of records, including 

name, location, testing ID number, date 

of exposure, or work status. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

DHS is in the process of developing 

a records schedule for declared public 

health emergency records. However, to 

the extent applicable, to ensure 

compliance with Americans with 

Disabilities Act (ADA), the 

Rehabilitation Act, and the Genetic 

Information Nondiscrimination Act of 

2008 (GINA), medical information must 

be ‘‘maintained on separate forms and 

in separate medical files and be treated 

as a confidential medical record.’’ 42 

U.S.C. 12112(d)(3)(B); 42 U.S.C. sec 

2000ff–5(a); 29 CFR 1630.14(b)(1), (c)(1), 

(d)(4)(i); and 29 CFR 1635.9(a). This 

means that medical information and 

documents must be stored separately 

from other personnel records. As such, 

the Department must keep medical 

records for at least one year from 

creation date. 29 CFR 1602.14. Further, 

any records compiled under this SORN 

and incorporated into an occupational 

individual medical case record pursuant 

to the OSH Act must be maintained in 

accordance with 5 CFR part 293.511(b) 

and 29 CFR 1910.1020(d), and must be 

destroyed 30 years after employee 

separation or when the Official 

Personnel Folder (OPF) is destroyed, 

whichever is longer, in accordance with 

NARA General Records Schedule (GRS) 

2.7, Item 60, and NARA records 

retention schedule DAA–GRS–2017– 

0010–0009, to the extent applicable. 

Visitor processing records are covered 

by GRS 5.6, Items 110 and 111, and 

must be destroyed when either two or 

five years old, depending on security 

level, but may be retained longer if 

required for business use, pursuant to 

DAA–GRS–2017–0006–0014 and –0015. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

DHS safeguards records in this system 

according to applicable rules and 

policies, including all applicable DHS 

automated systems security and access 

policies. DHS has imposed strict 

controls to minimize the risk of 

compromising the information that is 

being stored. Access to the computer 

system containing the records in this 

system is limited to those individuals 

who have a need to know the 

information for the performance of their 

official duties and who have appropriate 

clearances or permissions. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to and 

notification of any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the Chief Privacy 

Officer or the appropriate Headquarters 


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or component’s FOIA Officer whose 

contact information can be found at 

http://www.dhs.gov/foia under ‘‘Contact 

Information.’’ If an individual believes 

more than one component maintains 

Privacy Act records concerning him or 

her, the individual may submit the 

request to the Chief Privacy Officer and 

Chief Freedom of Information Act 

Officer, U.S. Department of Homeland 

Security, Washington, DC 20528–0655. 

Even if neither the Privacy Act nor the 

Judicial Redress Act provide a right of 

access, certain records about you may be 

available under the Freedom of 

Information Act. 

When an individual is seeking records 

about himself or herself from this 

system of records or any other 

Departmental system of records, the 

individual’s request must conform with 

the Privacy Act regulations set forth in 

6 CFR part 5. The individual must first 

verify his/her identity, meaning that the 

individual must provide his/her full 

name, current address, and date and 

place of birth. The individual must sign 

the request, and the individual’s 

signature must either be notarized or 

submitted under 28 U.S.C. 1746, a law 

that permits statements to be made 

under penalty of perjury as a substitute 

for notarization. While no specific form 

is required, an individual may obtain 

forms for this purpose from the Chief 

Privacy Officer and Chief Freedom of 

Information Act Officer, http://

www.dhs.gov/foia or 1–866–431–0486. 

In addition, the individual should: 

• Explain why he or she believes the 

Department would have information 

being requested; 

• Identify which component(s) of the 

Department he or she believes may have 

the information; 

• Specify when the individual 

believes the records would have been 

created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; 

If the request is seeking records 

pertaining to another living individual, 

the request must include an 

authorization from the individual whose 

record is being requested, authorizing 

the release to the requester. 

Without the above information, the 

component(s) may not be able to 

conduct an effective search, and the 

individual’s request may be denied due 

to lack of specificity or lack of 

compliance with applicable regulations. 

CONTESTING RECORD PROCEDURES: 

For records covered by the Privacy 

Act individuals may make a request for 

amendment or correction of a record of 

the Department about the individual by 

writing directly to the Department 

component that maintains the record, 

unless the record is not subject to 

amendment or correction. The request 

should identify each particular record in 

question, state the amendment or 

correction desired, and state why the 

individual believes that the record is not 

accurate, relevant, timely, or complete. 

The individual may submit any 

documentation that would be helpful. If 

the individual believes that the same 

record is in more than one system of 

records, the request should state that 

and be addressed to each component 

that maintains a system of records 

containing the record. 

NOTIFICATION PROCEDURES: 

See ‘‘Record Access Procedures’’ 

above. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

85 FR 45914 (July 30, 2020). 

* * * * * 

Constantina Kozanas, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. 2020–27204 Filed 12–10–20; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

[Docket No. TSA–2001–11120] 

Intent To Request Extension From 

OMB of One Current Public Collection 

of Information: Imposition and 

Collection of Passenger Civil Aviation 

Security Service Fees 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: 60-Day notice. 

SUMMARY: The Transportation Security 

Administration (TSA) invites public 

comment on one currently approved 

Information Collection Request (ICR), 

Office of Management and Budget 

(OMB) control number 1652–0001, 

abstracted below that we will submit to 

OMB for an extension in compliance 

with the Paperwork Reduction Act 

(PRA). The ICR describes the nature of 

the information collection and its 

expected burden. The collection 

involves air carriers maintaining an 

accounting system for the passenger 

civil aviation security service fees 

collected and reporting this information 

to TSA on a quarterly basis, as well as 

retaining the data used for these reports 

for three fiscal years. 

DATES: Send your comments by 

February 9, 2021. 

ADDRESSES: Comments may be emailed 

to TSAPRA@tsa.dhs.gov or delivered to 

the TSA PRA Officer, Information 

Technology (IT), TSA–11, 

Transportation Security Administration, 

6595 Springfield Center Drive, 

Springfield, VA 20598–6011. 

FOR FURTHER INFORMATION CONTACT: 

Christina A. Walsh at the above address, 

or by telephone (571) 227–2062. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid OMB control 

number. The ICR documentation will be 

available at http://www.reginfo.gov 

upon its submission to OMB. Therefore, 

in preparation for OMB review and 

approval of the following information 

collection, TSA is soliciting comments 

to— 

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including using 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Consistent with the requirements of 

Executive Order (E.O.) 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, and E.O. 13777, Enforcing the 

Regulatory Reform Agenda, TSA is also 

requesting comments on the extent to 

which this request for information could 

be modified to reduce the burden on 

respondents. 

Information Collection Requirement 

OMB Control Number 1652–0001; 

Imposition and Collection of Passenger 

Civil Aviation Security Service Fees. In 

accordance with 49 U.S.C. 44940 and 

relevant TSA Regulations, see 49 CFR 

part 1510, TSA imposes a Passenger 

Civil Aviation Security Service Fee 

(September 11th Security Fee) on 

passengers of both foreign and domestic 

air carriers (‘‘air carriers’’) on air 


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