Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4449 

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: Scientific Resources Program, 

Material, Data and Specimen Handling 

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, 09–20–0106, 

‘‘Specimen Handling for Testing and 

Related Data, 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), Scientific Resources 

Program, Material, Data and Specimen 

Handling 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 NCID 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0106: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0106 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. 

09–20–0106, ‘‘Specimen Handling for 

Testing and Related Data, HHS/CDC/ 

NCID.’’ For documentation of test results 

which are returned to submitter. Used 

between specialty units for research 

purposes; and for epidemiological 

investigations, for epidemic causes, 

prevention, family groupings of 

diseases, and geographical location of 

specific diseases; also, used by 

epidemiologist and researchers in 

determining drug resistance of specific 

organisms. 

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) 

Specimen Handling for Testing and 

Related Data—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. 09–20–0106 ‘‘Specimen 

Handling for Testing and Related Data, 

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 

For documentation of test results 

which are returned to submitter. Used 

between specialty units for research 

purposes; and for epidemiological 

investigations, for epidemic causes, 

prevention, family groupings of 

diseases, and geographical location of 

specific diseases; also, used by 

epidemiologist and researchers in 

determining drug resistance of specific 

organisms. 

II. Authority For Maintenance of the 

System 

Public Health Service Act, Section 

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

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

308(d) which discuss authority to grant 

assurances of confidentiality for health 

research and related activities (42 U.S.C. 

242 b, k, and m(d)). 

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: 

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 

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4450 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

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 

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. 

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 original form (file folders); microfilm 

copies and computer tapes/disks and 

printouts. The records are retrieved by 

name or designated number furnished 

by the submitter, CDC identifying 

number, and/or microfilm number. 

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—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 directly 

next door to the Clifton Road buildings. 

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. The 24-hour guard service in 

buildings provides personnel screening 

of visitors. Electronic anti-intrusion 

devices are in effect at the Federal 

Records Center. 

Procedural Safeguards—Protection 

for computerized records both on the 

mainframe and the CIO Local Area 

Network (LAN) 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 is routine daily 

backup procedures and secure off-site 

storage is available for backup tapes. 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. 

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 are developed 

in accordance with Chapter 45–13, 

‘‘Safeguarding Records Contained in 

Systems of Records,’’ of the HHS 

General Administration Manual; and 

Part 6, ‘‘Automated Information System 

Security,’’ of the HHS Information 

Resources Management Manual. FRC 

safeguards are in compliance with GSA 

Federal Property Management 

Regulations, Subchapter B—Archives 

and Records. Data maintained in CDC 

Atlanta’s Processing Center 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 

CIO LAN currently operates under 

Novell Netware v 4.11 and is in 

compliance with ‘‘CDC & ATSDR 

Security Standards for Novell File 

Servers.’’ 

The records in this System are 

retained and disposed of in the 

following way: Records are maintained 

in agency for five years. Disposal 

methods include erasing computer 

tapes, 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 

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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4451 

process when 10 years old, unless 

needed for further study. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Specimen Handling for 

Testing Related Data, HHS/CDC/NCID.’’ 

OMB Control Number: 09–20–0106. 

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. 2010–33012 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: Executive Systems and 

Fellowship Staff, Atlanta Human 

Resources Center (AHRC), 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, 09–20–0112, 

‘‘Fellowship Program and Guest 

Researcher Records, HHS/CDC/AHRC.’’ 

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 Atlanta Human Resources Center 

(AHRC), Scientific Resources Program, 

Material, Data and Specimen Handling 

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 AHRC 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0112: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0112 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: AHRC 

proposes to alter System of Records, No. 

09–20–0112, ‘‘, Fellowship Program and 

Guest Researcher Records, HHS/CDC/ 

AHRC.’’ This system is utilized by the 

Centers for Disease Control and 

Prevention (CDC) officials for the 

purpose of review of applications and 

supporting documents in order to award 

fellowships; and for determinations 

regarding salary or stipend increases. 

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) 

Atlanta Human Resources Center 

(AHRC) 

Fellowship Program And Guest 

Researcher 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. 09–20–0112 ‘‘Fellowship 

Program and Guest Researcher Records, 

HHS/CDC/AHRC.’’ 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 

This system is utilized by the Centers 

for Disease Control and Prevention 

(CDC) officials for the purpose of review 

of applications and supporting 

documents in order to award 

fellowships; and for determinations 

regarding salary or stipend increases. 

II. Authority for Maintenance of the 

System 

Public Health Service Act, Section 

207(g), 207(h), ‘‘Appointment of 

Personnel,’’ Sections 208, ‘‘Pay and 

Allowances,’’ and Section 301, 

‘‘Research and Investigation’’ (42 U.S.C. 

209(g), 209(h), 210 and 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: 

Disclosure may be made to a 

congressional office from the record of 

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