[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:
Federal eRulemaking Portal: http://regulations.gov. Follow
the instructions for submitting comments.
E-mail: Include PA SOR number 09-20-0055 in the subject
line of the message.
Phone: 770/488-8660 (not a toll-free 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: 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]
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