Privacy Act of 1974, New System of Records, 2841-2843 [2016-00834]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2841-2843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00834]


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DEPARTMENT OF COMMERCE

[Docket No. 151109999-5999-01]


Privacy Act of 1974, New System of Records

AGENCY: National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce.

ACTION: Notice of a New Privacy Act System of Records: COMMERCE/NOAA-
22, NOAA Health Services Questionnaire (NHSQ) and Tuberculosis 
Screening Document (TSD).

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 of the United States Code (U.S.C.) sections 552a(e)(4) and (11); and 
Office of Management and Budget (OMB) Circular A-130, Appendix I, 
``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' the Department of Commerce is issuing a notice of intent 
to establish a new system of records entitled, ``COMMERCE/NOAA-22, NOAA 
Health Services Questionnaire and Tuberculosis Screening Document.'' We 
invite the public to comment on the items noted in this publication. 
The purpose of this system of records is to document information 
related to medical clearance, which is required for all persons sailing 
on Office of Marine and Aviation Operations (OMAO) vessels. The 
National Oceanic and Atmospheric Administration (NOAA) Health Services 
is responsible for medically evaluating and providing clearance for 
persons who will be sailing on these vessels. The completed NHSQ and 
TSD provide specific and select medical information on individuals who 
wish to embark on OMAO vessels and need medical clearance. The 
completed forms also contain personal identifiable information that is 
required to be protected by the Privacy Act.

DATES: To be considered, written comments must be submitted on or 
before February 18, 2016. Unless comments are received, the new system 
of records will become effective as proposed on the date of publication 
of a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to: Director of Health Services, CAPT 
P. Jane Powers, 2002 SE Marine Science Drive, Newport, OR, 97365.

FOR FURTHER INFORMATION CONTACT: CAPT P. Jane Powers, 2002 SE Marine 
Science Drive, Newport, OR, 97365.

SUPPLEMENTARY INFORMATION: OMAO is creating a system of records for 
health information and other personal identifiable information required 
for medical clearance of individuals, both NOAA staff and others who 
are not employees, who plan to sail on OMAO vessels. Collection of 
information on the NHSQ and the TSD are consistent with the support for 
research and education under the National Marine Sanctuaries Act. See 
e.g., 16 U.S.C. 1440 and the NOAA Administrative Order 209-124.
COMMERCE/NOAA-22

System name:
    COMMERCE/NOAA-22, NOAA Health Services Questionnaire (NHSQ) and 
Tuberculosis Screening Document (TSD).

Security classification:
    None.

System location:
    U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration (NOAA), Office of Marine and Aviation Operations, 8403 
Colesville Road, Silver Spring, MD 20910-3282. Satellite addresses are: 
NOAA Health Services-Pacific, 2002 SE Marine Science Drive, Newport, OR 
97365; NOAA Health Services-Atlantic, 439 West York Street, Norfolk, VA 
23510-1114.

Categories of individuals covered by the system:
    Individuals who wish to embark on OMAO vessels and need medical 
clearance.

Categories of records in the system:
    Personal Identifiable Information: name; date of birth (year only); 
work address; email address; position in program; home, work and cell 
telephone numbers; cruise dates; emergency contact (name, address and 
telephone number) and their relationship to the individual; names of 
NOAA ships NHSQ and TSD needs to be forwarded to; whether individual is 
regularly seeing a doctor for any reason; medications currently being 
taken; allergies; health problems; major surgeries/hospitalizations/
emergency room visits; general/cardiac screening questions; date of 
last tetanus booster; functional abilities screening questions; 
awareness of medical condition which could affect their suitability for 
sea duty; type of test and result of most recent tuberculosis test; 
information on a previous positive skin test; date of last chest X-ray, 
if applicable; date of last BCG vaccine (tuberculosis vaccine), if 
applicable; date prescribed TB medication completed, if applicable; 
contact with any other person(s) infected with TB; occurrence of a 
positive HIV test; use of illegal intravenous drugs; any current 
treatment with steroids, chemotherapy, or cancer treating drugs; any 
incidence of homelessness; any incidence of incarceration; possession 
of fever, weight loss, night sweats, chronic cough, chronic fatigue, 
coughing up blood; statement to accuracy and truth of information 
provided; signature of applicant and date signed; signature of medical 
officer reviewing the forms; date of clearance; and any additional 
information supplied from the individual's medical provider(s).

Authority for maintenance of the system:
    This system of records is consistent with the support for research 
monitoring and education under the National Marine Sanctuaries Act. 16 
U.S.C. 1440) See also Office of Personnel Management regulations: 5 CFR 
339.102--Purpose and Effect; 5

[[Page 2842]]

CFR 339.202--Medical Standards; 5 CFR 339.205--Medical Evaluation 
Programs; 5 CFR 339.206--Disqualification on the Basis of Medical 
History; 5 CFR 229.301--Authority to Require an Examination; 5 CFR part 
339--Medical Qualification Determinations.

Purposes:
    The records are maintained and used to fulfill OMAO's 
responsibility of medically clearing embarking personnel on OMAO 
vessels. The NHSQ and TSD system will provide medical personnel with 
faster access to more complete data; this will enhance their 
effectiveness.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. Electronic NHSQ and TSD medical information is shared only with 
authorized users who have a legitimate need to know. These medical 
records, contained therein, may be disclosed as stated below:
    a. A record in the medical department may be disclosed to the 
Department of Commerce legal department to determine legal sufficiency 
of a denial for embarkation or in response to litigation.
    b. A record in the medical department may be disclosed in response 
to a court order.
    c. A record in the medical department may be disclosed to other 
health care providers that are involved in cases concerning person(s)/
employee(s) with a specific disease or injury.
    d. A record in the medical department may be disclosed to the 
applicable medical psychiatric and/or state authority(ies) in response 
to statute (e.g., sexually transmitted disease, homicidal ideation, 
suicidal ideation, child abuse, elder abuse, etc.).
    e. A record in the medical department may be disclosed to the OMAO 
leadership involved in the medical evaluation process.
    f. A record in the medical department may be disclosed to the 
individual involved.
    2. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature and whether arising by general statute or 
particular program statute or contract, rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred to the appropriate agency, whether Federal, State, local, or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, rule, regulation or order issued pursuant 
thereto, or protecting the interest of the Department.
    3. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate, or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    4. A record in this system of records may be disclosed, as a 
routine use, to a Member of Congress submitting a request involving an 
individual when the individual has requested assistance from the Member 
with respect to the subject matter of the record.
    5. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether the 
Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof.
    6. A record in this system will be disclosed to the Department of 
Treasury for the purpose of reporting and recouping delinquent debts 
owed the United Sates pursuant to the Debt Collection Improvement Act 
of 1996.
    7. A record in this system of records may be disclosed to 
appropriate agencies, entities, and persons when: (1) It is suspected 
or confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) the Department has 
determined that, as a result of the suspected or confirmed compromise, 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by the Department or 
another agency or entity) that relies upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.

Disclosure to consumer reporting agencies:
    Disclosure to consumer reporting agencies pursuant to 5 U.S.C. 
552a(b)(12) may be made from this system to ``consumer reporting 
agencies'' as defined in the Fair Credit Reporting Act (15 U.S.C. 
1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C. 
3701(a)(3)).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    NHSQ and TSD medical information is stored and maintained in 
electronic form in system folders and/or databases, within a controlled 
environment with access restricted to authorized personnel. Other 
medical information in a hardcopy format is stored in locked storage 
facilities at OMAO regional facilities or on OMAO vessels with access 
restricted to authorized personnel.

Retrievability:
    Records are retrieved through inquires based on the name of 
individual or the name of the NOAA vessel.

Safeguards:
    The NHSQ and TSD can only be accessed by authorized OMAO medical 
personnel. Access to electronic medical data will be through a secure 
OMAO network and requires a password for entry, which is based on DOC 
password standards. Passwords are granted to authorized medical 
personnel. Hard/completed electronic copies are stored in OMAO 
headquarters or regional facilities. Entry to these facilities requires 
an approved NOAA-issued badge and electronic access to completed NHSQs 
and TSDs requires proper authorization and a password. Storage within 
the OMAO facilities are locked and under surveillance of administrative 
personnel. Hard copy medical records related to NHSQ and TSD shall be 
stored in locked file cabinets in all regional and headquarter offices. 
Access to these medical records shall be limited to authorized 
personnel only.

Retention and disposal:
    OMAO shall maintain its records in accordance with NOAA's Records 
Management Guide and Records Disposition Handbook. Upon closure of a 
case, all medical information on the case contained in the NHSQ and TSD 
shall be retained for at least 6 years, and destroyed 6 years after 
date of last entry. See National Archives and Records Administration 
General Records Schedule 1 Civilian Personnel Records, Section 19, 
Individual Non-Occupational Health Record Files: ``Forms, 
correspondence, and other records, including summary records, 
documenting an individual employee's medical history, physical 
condition, and visits to Government health facilities, for nonwork-
related purposes, EXCLUDING records covered by item 21 of this 
schedule. Destroy 6 years after

[[Page 2843]]

date of last entry. (NC1-64-77-10 item 19).'' https://www.archives.gov/records-mgmt/grs/grs01.html.

System manager(s) and address:
    CAPT Priscilla J. Powers, Director, Health Services, 2002 SE Marine 
Science Drive, Newport, OR 97365.

Notification procedure:
    In accordance with the Department of Commerce regulations 
implementing the Privacy Act, at Title 15 of the Code of Federal 
Regulations, part 4, subpart B-Privacy Act, individuals interested in 
determining if the system contains their name should direct their 
Privacy Act request to the National Oceanic and Atmospheric 
Administration, Public Reference Facility, OFA56, 1315 East West 
Highway (SSMC3), Room 10730, Silver Spring, Maryland 20910.

Record access procedures:
    Same as Notification procedures above.

Contesting record procedures:
    Same as Notification procedures above.

Record source categories:
    Information that may be entered into the NHSQ and TSD will come 
from the following sources:
    1. The individual involved in the medical record.
    2. The authorized medical reviewer.
    3. Other documentation submitted by medical providers of the 
individual.
    4. Medical events that occur while on OMAO vessels.

Exemptions claimed for the system:
    None.

    Dated: January 12, 2016.
Michael J. Toland,
Department of Commerce, Freedom of Information and Privacy Act Officer.
[FR Doc. 2016-00834 Filed 1-15-16; 8:45 am]
 BILLING CODE 3510-12-P