4452 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

an individual in response to a verified 

inquiry from the congressional office 

made at the written request of that 

individual. 

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 

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. 

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 routine uses proposed for this 

System are compatible with the stated 

purpose of the System: 

An individual may 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. 

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. Service fellow personnel 

data is also maintained in an automated 

database. The records in this System are 

retrieved by the name of the individual, 

fellow, or guest researcher. 

The records in this System have the 

following safeguards in place to 

maintain and protect the information as 

it relates to Authorized users, physical 

and procedural safeguards: 

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), 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—Locked cabinets 

in locked rooms, electronic antiintrusion devices in operation at the 

Federal Records Center (FCR), 24-hour 

guard service in buildings, personnel 

screening of visitors, access codes for 

automated database. 

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 

disclosure of data. 

Implementation Guidelines: The 

safeguards outlined above are developed 

in accordance with Chapter 45–13 of the 

HHS General Administration Manual. 

FRC safeguards are in compliance with 

GSA Federal Property Management 

Regulations, Subchapter B—Archives 

and Records. 

The records in this System are 

retained and disposed of in the 

following way: Records are maintained 

in agency for two years. Disposal 

methods include burning or shredding 

paper materials or transferring records 

to the Federal Personnel Center where 

records are retained in accordance with 

retention schedules. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Fellowship Program 

and Guest Researcher Records, HHS/ 

CDC/AHRC.’’ 

OMB Control Number: 09–20–0112. 

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. 2010–33013 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 Infectious 

Diseases (NCID), 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, 09–20–0113, 

‘‘Epidemic Investigation Case Records, 

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). 

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 NCID 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0113: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

mstockstill on DSKH9S0YB1PROD with NOTICES2

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4453 

• E-mail: Include PA SOR number 

09–20–0113 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. 

09–20–0113, ‘‘Epidemic Investigation 

Case Records, HHS/CDC/NCID.’’ The 

record system is used by professional 

staff at the Centers for Disease Control 

and Prevention (CDC) for more complete 

knowledge of the disease/condition in 

the following ways: (1) An examination 

of existing files enables investigators to 

determine areas that have been 

adequately investigated and to specify 

those that might be pursued; or (2) 

records may later be examined in the 

light of future discoveries and proven 

associations so that relevant data 

collected at the time of the outbreak 

may be analyzed and reassessed. CDC 

may or may not request duplicate copies 

of these State and/or local health 

department records for further analysis 

following completion of the field 

investigation. 

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) 

Epidemic Investigation Case Records— 

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. 09–20–0113 ‘‘Epidemic 

Investigation Case Records, 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 

The record system is used by 

professional staff at the Centers for 

Disease Control and Prevention (CDC) 

for more complete knowledge of the 

disease/condition in the following ways: 

(1) An examination of existing files 

enables investigators to determine areas 

that have been adequately investigated 

and to specify those that might be 

pursued; or (2) Records may later be 

examined in the light of future 

discoveries and proven associations so 

that relevant data collected at the time 

of the outbreak may be analyzed and 

reassessed. CDC may or may not request 

duplicate copies of these State and/or 

local health department records for 

further analysis following completion of 

the field investigation. 

II. Authority for Maintenance of the 

System 

Public Health Service Act, Section 

301, ‘‘Research and Investigation,’’ (42 

U.S.C. 241); Sections 304, 306, and 

308(d), which discuss authority to 

maintain data and to provide assurances 

of confidentiality for health research 

and related activities (42 U.S.C. 242b, 

242k, and 242m(d)); and Section 361, 

‘‘Quarantine and Inspection, Control of 

Communicable Diseases,’’ (42 U.S.C. 

264). 

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: 

The following routine uses apply to 

all records in this system except those 

maintained under an assurance of 

confidentiality provided by Section 

308(d) of the Public Health Service Act 

(unless expressly authorized in the 

consent form or stipulated in the 

Assurance Statement): 

These records may be disclosed, i.e., 

returned to the State and/or local health 

departments in order for them to take 

measures to control, prevent, or treat 

disease and to conduct follow-up 

activities with patients and others 

contacted during the investigations. 

Private physicians may also be supplied 

pertinent medical information on their 

patients from these records. 

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 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 

mstockstill on DSKH9S0YB1PROD with NOTICES2

4454 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

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 routine uses proposed for this 

System are compatible with the stated 

purpose of the System: 

The first routine use permits an 

individual may 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. 

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. 

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. Service fellow personnel 

data is also maintained in an automated 

database. The records in this System are 

retrieved by the name of the individual, 

fellow, or guest researcher. 

The records in this System have the 

following safeguards in place to 

maintain and protect the information as 

it relates to Authorized users, physical 

and procedural safeguards: 

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—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. 

Procedural Safeguards—Protection 

for computerized records both on the 

mainframe and the National Centers’ 

Local Area Networks (LAN)s 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 secure off-site 

storage is available. To avoid 

inadvertent data disclosure, ‘‘an 

additional procedure’’ 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 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 Centers’ 

LANs 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 records in this System are 

retained and disposed of in the 

following way: Records are retained and 

disposed of in accordance with the CDC 

Records Control Schedule. Records are 

maintained in agency for four years. 

Disposal methods include erasing 

computer media, 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 20 years old, 

unless needed for further study. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Epidemic Investigation 

Case Records, HHS/CDC/NCID.’’ 

OMB Control Number: 09–20–0113. 

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. 2010–33014 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 Applied Research 

and Technology (DART), National 

Institute for Occupational Safety and 

Health (NIOSH), Centers for Disease 

Control and Prevention (CDC), 

mstockstill on DSKH9S0YB1PROD with NOTICES2