Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4443 

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), Centers 

for Disease Control and Prevention 

(CDC), Department of Health and 

Human Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0096, 

‘‘Records of Tuskegee Study Health 

Benefit Recipients, 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) 

Memorandum (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 NIOSH 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0096: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0096 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. 

09–20–0096, ‘‘Records of Tuskegee 

Study Health Benefit Recipients, HHS/ 

CDC/NCHSTP.’’ To determine eligibility 

and provide medical benefits for 

participants and qualified family 

members. 

This System of Records 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) 

Records of Tuskegee Study Health 

Benefit Recipients—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. 09–20–0096 ‘‘Records of 

Tuskegee Study Health Benefit 

Recipients, 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) Memorandum (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 determine eligibility and provide 

medical benefits for participants and 

qualified family members. 

II. Authority for Maintenance of the 

System 

The statutory authority for this system 

is given under the Public Health Service 

Act, Section 301, ‘‘Research and 

Investigation’’ (42 U.S.C. 241). 

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: 

A record may be disclosed for a 

research purpose, when the Department: 

(A) Has determined that the use or 

disclosure does not violate legal or 

policy limitations under which the 

record was provided, collected, or 

obtained; 

(B) Has determined that the research 

purpose (1) cannot be reasonably 

accomplished unless the record is 

provided in individually identifiable 

form, and (2) warrants the risk to the 

privacy of the individual that additional 

exposure of the record might bring; 

(C) Has required the recipient to (1) 

establish reasonable administrative, 

technical, and physical safeguards to 

prevent unauthorized use or disclosure 

of the records, (2) remove or destroy the 

information that identifies the 

individual at the earliest time at which 

removal or destruction can be 

accomplished consistent with the 

purpose of the research project, unless 

the recipient has presented adequate 

justification of a research or health 

nature for retaining such information, 

and (3) make no further use or 

disclosure of the record except (a) in 

emergency circumstances affecting the 

health or safety of any individual, (b) for 

use in another research project, under 

these same conditions, and with written 

authorization of the Department, (c) for 

disclosure to a properly identified 

person for the purpose of an audit 

related to the research project, if 

information that would enable research 

subjects to be identified is removed or 

destroyed at the earliest opportunity 

consistent with the purpose of the audit, 

or (d) when required by law; 

mstockstill on DSKH9S0YB1PROD with NOTICES2

4444 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

(D) Has secured a written statement 

attesting to the recipient’s 

understanding of, and willingness to 

abide by these provisions. 

Records may be disclosed to health 

departments and other public health or 

cooperating medical authorities in 

connection with program activities and 

related collaborative efforts to deal more 

effectively with diseases and conditions 

of public health significance. 

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. 

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 to learn if a record exists 

about himself or herself 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. 

V. Safeguards 

The records in this System are stored 

in File folders, computer tapes/disks, 

and CD–ROMs. 

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. Security guard service in buildings 

provides personnel screening of visitors. 

Procedural Safeguards: Protection for 

computerized records both on the 

mainframe and the National Center 

Local Area Network (LAN) include 

programmed verification of valid user 

identification code and password prior 

to logging on to the system, changed 

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 secure offsite storage is available for backup files. 

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. 

Implementation Guidelines: The 

safeguards outlined above are in 

accordance with the HHS Information 

Security Program Policy and FIPS Pub 

200, ‘‘Minimum Security Requirements 

for Federal Information and Information 

Systems.’’ Data maintained on CDC’s 

Mainframe and the National Center LAN 

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. 

Records are retained and disposed of 

in accordance with the CDC Records 

Control Schedule. Records are 

maintained in agency for five years. 

Disposal methods include erasing 

computer tapes and burning or 

shredding paper materials or 

transferring records to the Federal 

Records Center when no longer needed 

for evaluation and analysis. Special 

Reports are to be maintained 

permanently. 

mstockstill on DSKH9S0YB1PROD with NOTICES2

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4445 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Records of Tuskegee 

Study Health Benefit Recipients, HHS/ 

CDC/NCHSTP.’’ 

OMB Control Number: 09–20–0096. 

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. 2010–33009 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: Division of Quarantine, 

Medical Screening and Health 

Assessment Branch, Medical Screening 

Section, National Center for Infectious 

Diseases (NCID), Department of Health 

and Human Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0102, ‘‘Alien 

Mental Waiver Program, HHS/CDC/ 

NCID. 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 Infectious 

Diseases (NCID), Division of Quarantine, 

Medical Screening and Health 

Assessment Branch, Medical Screening 

Section. 

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 NIOSH 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0102: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0102 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: NCID 

proposes to alter System of Records, No. 

09–20–0102, ‘‘Alien Mental Waiver 

Program, HHS/CDC/NCID.’’ To comply 

with the requirements of Section 212(g) 

of the Immigration and Nationality Act, 

the Centers for Disease Control and 

Prevention (CDC) must receive and 

maintain medical records on aliens who 

apply for waivers of inadmissibility due 

to a physical or mental disorder with 

associated harmful behavior. CDC is 

furnished with a copy of the alien’s 

medical examination report and 

psychiatric/psychological evaluation 

and uses the information to process the 

initial applications for such waivers and 

for periodic medical surveillance and 

evaluation of individual cases. 

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 Infectious Diseases 

(NCID) 

Alien Mental Waiver 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. 09–20–0102 ‘‘Alien Mental 

Waiver Program, HHS/CDC/NCID.’’ 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 comply with the requirements of 

Section 212(g) of the Immigration and 

Nationality Act, the Centers for Disease 

Control and Prevention (CDC) must 

receive and maintain medical records 

on aliens who apply for waivers of 

inadmissibility due to a physical or 

mental disorder with associated harmful 

behavior. 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES2