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

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