[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4436-4438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33006]


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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: Procurement and Grants Office (PGO), Centers for Disease 
Control and Prevention (CDC), Department of Health and Human Services 
(DHHS).

ACTION: Notification of Proposed Altered System of Records.

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SUMMARY: The Department of Health and Human Services proposes to alter 
System of Records, 09-20-0055, ``Administrative Files for Research/
Demonstration and Training Grants, and Cooperative Agreements 
Applications, HHS/CDC/PGO.'' HHS is proposing to add the following 
Breach Response Routine Use Language to comply with the Office of 
Management and Budget

[[Page 4437]]

(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 Procurement and Grants 
Office (PGO). Data is also occasionally located at contractor sites as 
studies are developed, data collected, and reports written. A list of 
contractor sites where individually identified data are currently 
located is available upon request to the system manager.
    Data is occasionally located at grantee sites as studies are 
developed, data collected, and reports written. A list of grantee sites 
where individually identified data is currently located is available 
upon request to the system manager.

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 receives comments that would result 
in a contrary determination.

ADDRESSES: You may submit comments, identified by the Privacy Act 
System of Record Number 09-20-0055:
    <bullet> Federal eRulemaking Portal: http://regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> E-mail: Include PA SOR number 09-20-0055 in the subject 
line of the message.
    <bullet> Phone: 770/488-8660 (not a toll-free number).
    <bullet> Fax: 770/488-8659.
    <bullet> 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
    <bullet> 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
    <bullet> 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: PGO proposes to alter System of Records, No. 
09-20-0055, ``Administrative Files for Research/Demonstration and 
Training Grants, and Cooperative Agreements Applications, HHS/CDC/
PGO.'' The purpose of this system is to review grant applications for 
research and training and to administer funded grants. This information 
is provided to the National Institutes of Health and to components of 
the Centers for Disease Control and Prevention (CDC) including NIOSH 
for review.
    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)

Procurement and Grants Office (PGO)

Administrative Files For Research/Demonstration and Training Grants, 
and Cooperative Agreements Applications--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, 09-20-0055, ``Administrative Files for Research/
Demonstration and Training Grants, and Cooperative Agreements 
Applications, HHS/CDC/PGO.'' 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

    The purpose of this system is to review grant applications for 
research and training and to administer funded grants. This information 
is provided to the National Institutes of Health and to components of 
the Centers for Disease Control and Prevention (CDC) including NIOSH 
for review.

II. Authority for Maintenance of the System

    The statutory authority for this system is given under the 
Occupational Safety and Health Act, Section 20, Research and Related 
Activities and Section 21, ``Training and Employee Education'' (29 
U.S.C. 669, 670), and Notification of Breach 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.

III. Proposed Routine Use Disclosures of Data in the System

    A. 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:
    1. Referrals may be made of assignments of research investigators 
and project monitors on specific research projects to the National 
Technical Information Service (NTIS), Depart of Commerce, to contribute 
to the Smithsonian Science Information Exchange.
    2. To the cognizant audit agency for auditing.
    3. The Department of Health and Human Services (HHS) may disclose 
information from this system of records to the Department of Justice or 
to a court or other tribunal, when: (a) HHS, or any component thereof; 
or (b) any HHS employee in his or her official capacity; or (c) any HHS 
employee in his or her individual capacity where the Department of 
Justice (or HHS, where it is authorized to do so) has agreed to 
represent the employee; or (d) the United States or any agency thereof 
where HHS determines that the litigation is likely to affect HHS or any 
of its components, is a party to litigation or has an interest in such 
litigation, and HHS determines that the use of such records by the 
Department of Justice, the court or other tribunal is relevant and

[[Page 4438]]

necessary to the litigation and would help in the effective 
representation of the governmental party, provided, however, that in 
each case, HHS determines that such disclosure is compatible with the 
purpose for which the records were collected.
    4. 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.
    5. To qualified experts not within the definition of Department 
employees as prescribed in Department regulations for opinions as a 
part of the application review process.
    6. To a Federal agency, in response to its request, in connection 
with the letting of a contract, or the issuance of a license, grant, 
cooperative agreement, or other benefit by the requesting agency, to 
the extent that the record is relevant and necessary to the requesting 
agency's decision on the matter.
    7. To individuals and organizations deemed qualified by PHS to 
carry out specific research related to the review and award processes 
of PHS.
    8. To the grantee institution relative to performance or 
administration under the terms and conditions of the award.
    9. Records subject to the Privacy Act are disclosed to private 
firms for data entry, computer systems analysis and computer 
programming services. The contractors promptly return data entry 
records after the contracted work is completed. The contractors are 
required to maintain Privacy Act safeguards.
    10. 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.

V. Safeguards

    The records in this System are stored in File folders. The records 
in this System will be maintained in Locked cabinets in locked rooms, 
electronic anti-intrusion devices in operation at the Federal Records 
Center, 24-hour guard service in buildings, personnel screening of 
visitors. The records can only be accessed by authorized users, 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), as authorized by the system manager to 
accomplish the stated purposes for which the data in this system have 
been collected. These practices are in compliance 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. Procedural safeguards are in place and 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.

VI. OMB Control Numbers, Expiration Dates, and Titles of Information 
Collection

    A. Full Title: Administrative Files for Research/Demonstration and 
Training Grants, and Cooperative Agreements Applications, HHS/CDC/PGO.
    OMB Control Number: 09-20-0055.
    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. 2010-33006 Filed 1-24-11; 8:45 am]
BILLING CODE 4163-18-P