4446 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

for a purpose that is compatible with the 

purpose(s) for which the information 

was collected. Any such compatible use 

of data is known as a ‘‘routine use’’. The 

routine uses proposed for this System 

are compatible with the stated purpose 

of the System: 

Department of State (DOS) or 

Immigration and Naturalization Service 

(INS) obtains initial medical 

examinations and submits to the 

Division of Quarantine, CDC. Final 

diagnosis returned to submitter. Alien 

or sponsor furnishes copy of medical 

file to local health care facility in the 

United States. 

Disclosure may be made 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. 

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 

Department of Justice has agreed to 

represent such employee, for example, 

in defending a claim against the Public 

Health Service based upon an 

individual’s mental or physical 

condition and alleged to have arisen 

because of activities of the Public Health 

Service in connection with such 

individual, disclosure may be made to 

the Department of Justice to enable that 

Department to present an effective 

defense, provided that such disclosure 

is compatible with the purpose for 

which the records were collected. 

Records may be disclosed for a 

research purpose, when CDC is 

authorized to share information on 

aliens with the Social Security 

Administration to determine eligibility 

for benefits, pursuant to Section 1631(e) 

of the Social Security Act as amended 

by Public Law 103–296, or as otherwise 

provided for in the Social Security Act. 

Records may be disclosed to 

appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

IV. Effects of the Proposed System of 

Records on Individual Rights 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself is by contacting 

the system manager at the address 

above. Requesters in person must 

provide driver’s license or other positive 

identification. Individuals who do not 

appear in person must either: (1) Submit 

a notarized request to verify their 

identity; or (2) certify that they are the 

individuals they claim to be and that 

they understand that the knowing and 

willful request for or acquisition of a 

record pertaining to an individual under 

false pretenses is a criminal offense 

under the Privacy Act subject to a 

$5,000 fine. 

An individual who requests 

notification of or access to medical 

records shall, at the time the request is 

made, designate in writing a responsible 

representative who is willing to review 

the record and inform the subject 

individual of its contents at the 

representative’s discretion. 

A parent or guardian who requests 

notification of, or access to, a child’s 

medical record shall designate a family 

physician or other health professional 

(other than a family member) to whom 

the record, if any, will be sent. The 

parent or guardian must verify 

relationship to the child by means of a 

birth certificate or court order, as well 

as verify that he or she is who he or she 

claims to be. 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

The following information must be 

provided when requesting notification: 

(1) Full name; (2) the approximate date 

and place of the study, if known; and (3) 

nature of the questionnaire or study in 

which the requester participated. 

V. Safeguards 

The records in this System are stored 

in Individual File folders and can be 

retrieved by their name. 

The records have the following 

safeguards in place: 

Authorized Users: Access is granted to 

only a limited number of personnel, i.e., 

program manager and immediate 

support members, as authorized by the 

system manager to accomplish the 

stated purposes for which the data in 

this system have been collected. 

Physical Safeguards: Locked cabinets 

in locked rooms, 24-hour guard service 

in buildings, personnel screening of 

visitors, electronic anti-intrusion 

devices in operation at the Federal 

Records Center. 

Procedural Safeguards: Users of 

individually identified data protect 

information from public scrutiny, and 

only specifically authorized personnel 

may be admitted to the record storage 

area. CDC employees who maintain 

records are instructed to check with the 

system manager prior to making 

disclosures of data. 

Implementation Guidelines: These 

practices are in compliance with the 

safeguards outlined with Chapter 45–13, 

‘‘Safeguarding Records Contained in 

Systems of Records,’’ of the HHS 

General Administration Manual. FRC 

safeguards are in compliance with GSA 

Federal Property Management 

Regulations, Subchapter B—Archives 

and Records. 

Records are maintained in agency for 

five years. Disposal methods include 

burning or shredding paper materials or 

transferring records to the Federal 

Records Center when no longer needed 

for evaluation and analysis. Records 

destroyed by paper recycling process 

when 10 years old, unless needed for 

further study. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Alien Mental Waiver 

Program, HHS/CDC/NCID.’’ 

OMB Control Number: 09–20–0102. 

Expiration Date: TBD. 

VII. Supporting Documentation 

A. Preamble and Proposed Notice of 

System for publication in the Federal 

Register. 

B. Agency Rules: None. 

C. Exemption Requested: None. 

D. Computer Matching Report: The 

new system does not require a matching 

report in accordance with the computer 

matching provisions of the Privacy Act. 

[FR Doc. 2010–33010 Filed 1–24–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Privacy Act of 1974; Report of Modified 

or Altered System of Records 

AGENCY: National Center for HIV, STD 

and TB Prevention (NCHSTP), 

Department of Health and Human 

Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

mstockstill on DSKH9S0YB1PROD with NOTICES2

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4447 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0103, ‘‘Alien 

Tuberculosis Follow-up Program, HHS/ 

CDC/NCHSTP.’’ HHS is proposing to 

add the following Breach Response 

Routine Use Language to comply with 

the Office of Management and Budget 

(OMB) Memoranda (M) 07–16, 

Safeguarding Against and responding to 

the Breach of Personally Identifiable 

Information: 

To appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

These records will be maintained by 

the National Center for HIV, STD and 

TB Prevention (NCHSTP). 

DATES: Comments must be received on 

or before February 24, 2011. The 

proposed altered System of Records will 

be effective 40 days from the date 

submitted to the OMB, unless NCHSTP 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0103: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0103 in the subject line of the 

message. 

• Phone: 770/488–8660 (not a tollfree number). 

• Fax: 770/488–8659. 

• Mail: HHS/CDC Senior Official for 

Privacy (SOP), Office of the Chief 

Information Security Officer (OCISO), 

4770 Buford Highway—M/S: F–35, 

Chamblee, GA 30341. 

• Hand Delivery/Courier: HHS/CDC 

Senior Official for Privacy (SOP), Office 

of the Chief Information Security Officer 

(OCISO), 4770 Buford Highway—M/S: 

F–35, Chamblee, GA 30341. 

• Comments received will be 

available for inspection and copying at 

this same address from 9 a.m. to 3 p.m., 

Monday through Friday, Federal 

holidays excepted. 

SUPPLEMENTARY INFORMATION: NCHSTP 

proposes to alter System of Records, No. 

09–20–0103, ‘‘Alien Tuberculosis 

Follow-up Program, HHS/CDC/ 

NCHSTP.’’ To provide a record system 

for the surveillance and periodic 

medical evaluation of immigrant aliens 

with tuberculosis. 

This System of Record Notice is being 

altered to add the Breach Response 

Routine Use Language to comply with 

the Office of Management and Budget 

(OMB) memorandum dated May 22, 

2007. 

The following notice is written in the 

present tense, rather than the future 

tense, in order to avoid the unnecessary 

expenditure of public funds to republish 

the notice after the System has become 

effective. 

Dated: December 11, 2009. 

James D. Seligman, 

Chief Information Officer, Centers for Disease 

Control and Prevention. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on December 27, 2010. 

Department of Health and Human 

Services (HHS) 

Centers for Disease Control and 

Prevention (CDC) 

National Center for HIV, STD and TB 

Prevention (NCHSTP) 

Alien Tuberculosis Follow-Up 

Program—Report of Modified or 

Altered System of Records 

Narrative Statement 

I. Background and Purpose of the 

System 

A. Background 

The Department of Health and Human 

Services proposes to alter System of 

Records, No. 09–20–0103, ‘‘Alien 

Tuberculosis Follow-up Program, HHS/ 

CDC/NCHSTP.’’ HHS is proposing to 

add the following Breach Response 

Routine Use Language to comply with 

the Office of Management and Budget 

(OMB) Memoranda (M) 07–16, 

Safeguarding Against and responding to 

the Breach of Personally Identifiable 

Information: 

To appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

B. Purpose 

To provide a record system for the 

surveillance and periodic medical 

evaluation of immigrant aliens with 

tuberculosis. 

II. Authority for Maintenance of the 

System 

Public Health Service Act, Section 

325, ‘‘Examination of Aliens’’ (42 U.S.C. 

252); and the Immigration and 

Nationality Act, Section 212(g), 

‘‘Application for Waiver of Grounds of 

Inadmissibility’’ (8 U.S.C. 1182(g)). 

III. Proposed Routine Use Disclosures 

of Data in the System 

The Privacy Act allows us to disclose 

information without an individual’s 

consent if the information is to be used 

for a purpose that is compatible with the 

purpose(s) for which the information 

was collected. Any such compatible use 

of data is known as a ‘‘routine use’’. The 

routine uses proposed for this System 

are compatible with the stated purpose 

of the System: 

Disclosure may be made to State 

health departments; city health 

departments or the courts, private 

physicians or other health care facilities 

that will provide medical care for the 

immigrant alien. 

Disclosure may be made 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. 

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 

Department of Justice has agreed to 

represent such employee, for example, 

in defending a claim against the Public 

Health Service based upon an 

individual’s mental or physical 

condition and alleged to have arisen 

because of activities of the Public Health 

Service in connection with such 

individual, disclosure may be made to 

the Department of Justice to enable that 

Department to present an effective 

defense, provided that such disclosure 

is compatible with the purpose for 

which the records were collected. 

Records may be disclosed by CDC in 

connection with public health activities 

to the Social Security Administration 

for sources of locating information to 

accomplish the research or program 

purposes for which the records were 

collected. 

CDC is authorized to share 

information on aliens with the Social 

Security Administration to determine 

eligibility for benefits, pursuant to 

Section 1631 (e) of the Social Security 

Act as amended by Public Law 103–296, 

or as otherwise provided for in the 

Social Security Act. 

Records may be disclosed to 

appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

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4448 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

IV. Effects of the Proposed System of 

Records on Individual Rights 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself is by contacting 

the system manager at the address 

above. Requesters in person must 

provide driver’s license or other positive 

identification. Individuals who do not 

appear in person must either: (1) submit 

a notarized request to verify their 

identity; or (2) certify that they are the 

individuals they claim to be and that 

they understand that the knowing and 

willful request for or acquisition of a 

record pertaining to an individual under 

false pretenses is a criminal offense 

under the Privacy Act subject to a 

$5,000 fine. 

An individual who requests 

notification of or access to medical 

records shall, at the time the request is 

made, designate in writing a responsible 

representative who is willing to review 

the record and inform the subject 

individual of its contents at the 

representative’s discretion. 

A parent or guardian who requests 

notification of, or access to, a child’s 

medical record shall designate a family 

physician or other health professional 

(other than a family member) to whom 

the record, if any, will be sent. The 

parent or guardian must verify 

relationship to the child by means of a 

birth certificate or court order, as well 

as verify that he or she is who he or she 

claims to be. 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

The following information must be 

provided when requesting notification: 

(1) Full name; (2) the approximate date 

and place of the study, if known; and (3) 

nature of the questionnaire or study in 

which the requester participated. 

V. Safeguards 

The records in this System are stored 

in Card files and computer tapes/disks 

and printouts. The information can be 

retrieved by name, Alien Registration 

Number, and by year of birth. 

The records have the following 

safeguards in place: 

Authorized Users: A database security 

package is implemented on CDC’s 

mainframe computer to control 

unauthorized access to the system. 

Attempts to gain access by unauthorized 

individuals are automatically recorded 

and reviewed on a regular basis. Access 

is granted to only a limited number of 

physicians, scientists, statisticians, and 

designated support staff of the Centers 

for Disease Control and Prevention 

(CDC), or its contractors, as authorized 

by the system manager to accomplish 

the stated purposes for which the data 

in this system have been collected. 

Physical Safeguards: Access to the 

CDC Clifton Road facility where the 

mainframe computer is located is 

controlled by a cardkey system. Access 

to the computer room is controlled by 

a cardkey and security code (numeric 

keypad) system. Access to the data entry 

area is also controlled by a cardkey 

system. The hard copy records are kept 

in locked cabinets in locked rooms. The 

local fire department is located nearby. 

The computer room is protected by an 

automatic sprinkler system, automatic 

sensors (e.g., water, heat, smoke, etc.) 

are installed, and portable fire 

extinguishers are located throughout the 

computer room. The system is backed 

up on a nightly basis with copies of the 

files stored off site in a secure fireproof 

safe. The 24-hour guard service in 

buildings provides personnel screening 

of visitors. Electronic anti-intrusion 

devices are in effect at the Federal 

Records Center. 

Procedural Safeguards: Protection for 

computerized records both on the 

mainframe and the CIO Local Area 

Network (LAN) includes programmed 

verification of valid user identification 

code and password prior to logging on 

to the system, mandatory password 

changes, limited log-ins, virus 

protection, and user rights/file attribute 

restrictions. Password protection 

imposes user name and password log-in 

requirements to prevent unauthorized 

access. Each user name is assigned 

limited access rights to files and 

directories at varying levels to control 

file sharing. There are routine daily 

backup procedures and Vault 

Management System for secure off-site 

storage is available for backup tapes. To 

avoid inadvertent data disclosure, 

‘‘degaussing’’ is performed to ensure that 

all data are removed from Privacy Act 

computer tapes and/or other magnetic 

media. Additional safeguards may be 

built into the program by the system 

analyst as warranted by the sensitivity 

of the data. 

CDC and contractor employees who 

maintain records are instructed to check 

with the system manager prior to 

making disclosures of data. When 

individually identified data are being 

used in a room, admittance at either 

CDC or contractor sites is restricted to 

specifically authorized personnel. 

Privacy Act provisions are included in 

contracts, and the CDC Project Director, 

contract officers and project officers 

oversee compliance with these 

requirements. Upon completion of the 

contract, all data will be either returned 

to CDC or destroyed, as specified by the 

contract. 

Implementation Guidelines: The 

safeguards outlined above are developed 

in accordance with Chapter 45–13, 

‘‘Safeguarding Records Contained in 

Systems of Records,’’ of the HHS 

General Administration Manual; and 

Part 6, ‘‘Automated Information System 

Security,’’ of the HHS Information 

Resources Management Manual. FRC 

safeguards are in compliance with GSA 

Federal Property Management 

Regulations, Subchapter B—Archives 

and Records. Data maintained in CDC 

Atlanta’s Processing Center are in 

compliance with OMB Circular A–130, 

Appendix III. Security is provided for 

information collection, processing, 

transmission, storage, and 

dissemination in general support 

systems and major applications. The 

CIO LAN currently operates under 

Novell Netware v 4.11 and is in 

compliance with ‘‘CDC & ATSDR 

Security Standards for Novell File 

Servers.’’ 

NCID follows the following 

procedures as it relates to Retention and 

disposal of Federal records: Card files 

are maintained in agency for two years 

and destroyed by paper recycling 

process after 2 years. Computer file 

maintained 4 years at CDC. Records 

destroyed by erasing tape after 4 years. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Alien Tuberculosis 

Follow-up Program, HHS/CDC/ 

NCHSTP.’’ 

OMB Control Number: 09–20–0103. 

Expiration Date: TBD. 

VII. Supporting Documentation 

A. Preamble and Proposed Notice of 

System for publication in the Federal 

Register. 

B. Agency Rules: None. 

C. Exemption Requested: None. 

D. Computer Matching Report: The 

new system does not require a matching 

report in accordance with the computer 

matching provisions of the Privacy Act. 

[FR Doc. 2010–33011 Filed 1–24–11; 8:45 am] 

BILLING CODE 4163–18–P 

mstockstill on DSKH9S0YB1PROD with NOTICES2