Federal Register, Volume 76 Issue 16 (Tuesday, January 25, 2011)

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4445-4446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33010]


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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: 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.

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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 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: 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

[[Page 4446]]

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