[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4462-4463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33019]


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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: Office of Workforce and Career Development (OWCD), 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, 09-20-0138, ``Epidemic Intelligence Service Officers 
Files, HHS/CDC/OWCD.'' 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 Office of Workforce and 
Career Development (OWCD).

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 OWCD receives comments that would 
result in a contrary determination.

ADDRESSES: You may submit comments, identified by the Privacy Act 
System of Record Number 09-20-0138:
    <bullet> Federal eRulemaking Portal: http://regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> E-mail: Include PA SOR number 09-20-0138 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: OWCD proposes to alter System of Records, 
No. 09-20-0138, ``Epidemic Intelligence Service Officers Files, HHS/
CDC/OWCD.''
    The system is designed to process individual applications for the 
Epidemic Intelligence Service Officer program, and to assess a 
candidate's suitability for a position in the program.
    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)

Office of Workforce and Career Development (OWCD)

Epidemic Intelligence Service Officers Files--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. 09-20-0138 ``Epidemic Intelligence Service 
officers Files, HHS/CDC/OWCD.'' 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.

[[Page 4463]]

B. Purpose

    The system is designed to process individual applications for the 
Epidemic Intelligence Service Officer program, and to assess a 
candidate's suitability for a position in the program.

II. Authority for Maintenance of the System

    Public Health Service Act, Section 203, ``Commissioned Corps'' and 
Section 207, ``Appointment of Personnel'' (42 U.S.C. 204, 209).

III. Proposed Routine Use Disclosures of Data in the System

    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.
    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 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 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 the file folders, computer 
tapes/disks, and CD-ROMs. The records are retrieved by name.
    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), as authorized by 
the system manager to accomplish the stated purposes for which the data 
in this system have been collected.
    Physical Safeguards--Hardcopy records are kept in locked cabinets 
in locked rooms, security guard service in buildings, personnel 
screening of visitors, copies of files stored in a separate secure off-
site location.
    Procedural Safeguards--The OWCD Local Area Network (LAN) uses 
security packages to control unauthorized access to the system. 
Attempts to gain access by unauthorized individuals are automatically 
recorded and reviewed on a daily basis. Protection for computerized 
records both on the mainframe and the OWCD LAN include 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 for backup tapes. CDC employees who maintain 
records are instructed to check with the system manager prior to making 
disclosures of data.
    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 OWCD 
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.

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

    A. Full Title: ``Epidemic Intelligence Service officers Files, HHS/
CDC/OWCD.''
    OMB Control Number: 09-20-0138.
    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. 2010-33019 Filed 1-24-11; 8:45 am]
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