Privacy Act of 1974; System of Records, 45914-45917 [2020-16466]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45914-45917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16466]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2020-0026]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to establish a new DHS system of 
records titled, ``Department of Homeland Security/ALL-047 Records 
Related to DHS Personnel, Long-Term Trainees, Contractors, and Visitors 
During a Declared Public Health Emergency System of Records.'' This 
system of records describes DHS's collection, use, and maintenance of 
records on individuals associated with DHS and its facilities during a 
declared public health emergency. This newly established system will be 
included in DHS's inventory of record systems.

DATES: Submit comments on or before August 31, 2020. This new system 
will be effective upon publication. New or modified routine uses will 
be effective August 31, 2020.

ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0026 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Constantina Kozanas, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2020-0026. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Constantina Kozanas, (202) 343-1717, 
[email protected], Chief Privacy Officer, Privacy Office, Department 
of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    The Secretary of the Department of Health and Human Services (HHS) 
may, under section 319 of the Public Health Service (PHS) Act (codified 
at 42 U.S.C. 247d), declare that: (a) A disease or disorder presents a 
public health emergency; or (b) that a public health emergency, 
including significant outbreaks of infectious disease or bioterrorist 
attacks, otherwise exists. The declaration lasts for the duration of 
the emergency or 90 days, but may be extended by the Secretary. 
Congress must be notified of the declaration within 48 hours. The 
Department of Homeland Security must ensure the safety of its 
workforce, including when the Secretary of HHS or the responsible, 
designated State official declares and determines that a public health 
emergency exists. Responses to public health emergencies depend on the 
nature of the emergency, but in the context of infectious disease or 
other events that can cause and spread deleterious health impacts to 
DHS personnel and others in DHS facilities, in order to ensure a safe 
and secure workspace, DHS may collect information on DHS personnel 
(meaning employees, detailees, interns, and volunteers), contractors, 
long-term trainees, and visitors at or on buildings, grounds, and 
properties that are owned, leased, or used by DHS.
    This system of records will cover information collected on DHS 
personnel, contractors, long-term trainees, and visitors at or on 
buildings, grounds, and properties that are owned, leased, or used by 
DHS who have contracted or may have been exposed to a suspected or 
confirmed disease or illness that is the subject of a declared public 
health emergency. The information collected may include identifying and 
contact information of individuals who have been suspected or confirmed 
to have contracted a disease or illness, or who have been exposed to an 
individual who had been suspected or confirmed to have contracted a 
disease or illness, related to a declared public health emergency; 
individual

[[Page 45915]]

circumstances and dates of suspected exposure; and health status 
information. DHS maintains this information to reduce the spread of the 
disease or illness among DHS personnel, contractors, long-term 
trainees, and visitors at or on buildings, grounds, and properties that 
are owned, leased, or used by DHS. In certain instances, depending on 
the type of record collected and maintained, for federal employees, 
this information will also be maintained and covered by Office of 
Personnel Management/Government-10 Employee Medical File System Records 
(75 FR 35099, June 21, 2010). However, any collection and use of 
records covered by the DHS/ALL-047 Records Related to DHS Personnel, 
Long-Term Trainees, Contractors, and Visitors During a Declared Public 
Health Emergency System of Records is only permitted during times of a 
declared public health emergency and when the circumstances permit the 
Department to collect and maintain such information on the various 
categories of DHS personnel, contractors, long-term trainees, and 
visitors at or on buildings, grounds, and properties that are owned, 
leased, or used by DHS.
    It must first be determined that the circumstances surrounding the 
declared public health emergency permit the Department to collect and 
maintain the information that may fall within the scope of this system 
of records. To make this determination, these circumstances must be 
examined in conjunction with all applicable laws, including the U.S. 
Constitution, federal privacy laws, federal labor and employment laws, 
and federal workforce health and safety laws. Different laws may apply 
depending upon the type of information at issue, who the information 
pertains to, who collected the information, and how the information is 
collected, maintained, and used by the Department.
    For instance, when collecting information on DHS employees, there 
are several employment laws that govern the collection, dissemination, 
and retention of employee medical information. These employment laws 
include the Americans with Disability Act (ADA), the Rehabilitation Act 
of 1973 (Rehab Act), and the Occupational Safety and Health Act of 1970 
(OSH Act). Generally, under federal employment laws, medical 
information pertaining to employees is confidential and may be obtained 
by an employer only for certain reasons and only at certain points in 
the employment relationship. During a public health emergency, an 
employer may be permitted to collect certain employee medical 
information that it would not otherwise be permitted to collect 
depending upon the circumstances. Whether an employer is permitted to 
collect otherwise confidential employee medical information during a 
public health emergency depends upon whether an employee or a potential 
employee poses a ``direct threat'' to others within the meaning of the 
Americans with Disabilities Act of 1990, the Americans with 
Disabilities Amendments Act of 2008, and the Rehabilitation Act of 
1973. Again, this system of records will apply if it is determined that 
the circumstances permit the Department to legally collect the employee 
medical information at issue in the first instance.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ALL-047 Records Related to DHS Personnel, Long-Term 
Trainees, Contractors, and Visitors During a Declared Public Health 
Emergency System of Records may be shared with other DHS Components 
that have a need to know the information to carry out their mission 
essential functions, but only if it is first determined that the 
information may be shared under all other applicable laws and DHS 
policies.
    In addition, to the extent permitted by law, DHS may share 
information with appropriate federal, state, local, tribal, 
territorial, foreign, or international government agencies consistent 
with the routine uses set forth in this system of records notice.
    This newly established system will be included in DHS's inventory 
of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/ALL-047 Records Related to DHS 
Personnel, Long-Term Trainees, Contractors, and Visitors During a 
Declared Public Health Emergency System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

SYSTEM NAME AND NUMBER:
    Department of Homeland Security (DHS)/ALL-047 Records Related to 
DHS Personnel, Long-Term Trainees, Contractors, and Visitors During a 
Declared Public Health Emergency System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the DHS Headquarters and Component 
offices in Washington, DC and field offices, and contractor-owned and 
operated facilities.

SYSTEM MANAGER(S):
    Chief, Medical Quality & Risk Reduction Branch, Workforce Health 
and Safety, Office of the Chief Human Capital Officer, Department of 
Homeland Security, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 319 of the Public Health Service (PHS) Act (42 U.S.C. 
274d); DHS Chief Medical Officer's authorities pursuant to 6 U.S.C. 350 
and 6 U.S.C. 597; 6 U.S.C. 464; 21 U.S.C. 360bbb-3; 40 U.S.C. 1315; 
American with Disabilities Act, including 42 U.S.C. 12112(d)(3)(B), 29 
CFR 602.14, 1630.2(r), 1630.14(b)(1), (c)(1), (d)(4); Medical 
Examinations for Fitness for Duty Requirements, including 5 CFR part 
339; Workforce safety federal requirements, including the Occupational 
Safety and Health Act of 1970, Executive Order 12196, 5 U.S.C. 7902; 29 
U.S.C. Chapter 15 (e.g., 29 U.S.C. 668), 29 CFR part 1904, 29 CFR 
1910.1020, and 29 CFR 1960.66; and United States Coast Guard 
authorities, including 10 U.S.C. Subtitle A, Part II, Chapter 55, 
Medical and Dental Care, as applicable, 14 U.S.C. 504(a)(17), 14 U.S.C. 
936, 14 U.S.C. 3705, 42 U.S.C. 253, 32 CFR part 199, and 42 CFR 31.2-
31.10.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to maintain records to protect the

[[Page 45916]]

Department's workforce and respond to a declared public health 
emergency. For instance, DHS may use the information collected to 
conduct contact tracing.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Department personnel (including employees, detailees, interns, and 
volunteers), long-term trainees (such as Federal Law Enforcement 
Training Centers (FLETC) students), contractors, and visitors (all 
other federal employees, applicants, and members of the public) at or 
on buildings, grounds, and properties that are owned, leased, or used 
by DHS who are suspected or confirmed to have a disease or illness that 
is the subject of a declared public health emergency, or may have been 
or could have been exposed to someone who is suspected or confirmed to 
have a disease or illness that is the subject of a declared public 
health emergency.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For DHS personnel, long-term trainees, and contractors, the 
following information may be collected:
     Individual's full name;
     Preferred phone number(s);
     DHS duty location, facility, and specific work space 
accessed;
     Preferred email address(es);
     Individual's supervisors' name, address, and contact 
information, and/or the contractor's supervisor/contracting officer 
representative name, address, and contact information;
     Date(s) and circumstances of the individual's suspected or 
actual exposure to disease or illness including symptoms, as well as 
locations within DHS workplace where an individual may have contracted 
or been exposed to the disease or illness; and names and contact 
information of other employees, long-term trainees, contractors, or 
visitors that the individual interacted with at or on a DHS workspace, 
facility, or grounds during time the individual was suspected to or had 
contracted the disease or illness;
     Current work status of the individual (e.g., 
administrative leave, sick leave, teleworking, in the office) and 
affiliated leave status information;
     Other individual information directly related to the 
disease or illness (e.g., testing results, symptoms, treatments, source 
of exposure).
    For visitors at or on buildings, grounds, and properties that are 
owned, leased, or used by DHS, the following information may be 
collected:
     Full name;
     Preferred phone number(s);
     Preferred email address(es);
     Date(s) and time(s) of entrance and exit from DHS 
workspaces, facilities, and grounds;
     Name(s) of all individuals encountered while in or at DHS 
workspaces, facilities, and grounds.
     Information indicating plans on entering a DHS workspace, 
facility, or grounds in the near future; and
     Other records covered by DHS/ALL-024 Facility and 
Perimeter Access Control and Visitor Management System of Records (75 
FR 5609, February 3, 2010) that are relevant and necessary to achieve 
the purpose of this SORN.

RECORD SOURCE CATEGORIES:
    When permitted by applicable law, records may be obtained from DHS 
personnel, long-term trainees, contractors, and visitors at or on 
buildings, grounds, and properties that are owned, leased, or used by 
DHS; their family members; federal, state, local, tribal, territorial, 
and foreign government agencies; employers and other entities and 
individuals who may provide relevant information on a suspected or 
confirmed disease or illness that is the subject of a declared public 
health emergency.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys 
Offices, or other federal agency conducting litigation or proceedings 
before any court, adjudicative, or administrative body, when it is 
relevant or necessary to the litigation and one of the following is a 
party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the federal 
government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the federal 
government, or national security, resulting from a suspected or 
confirmed breach.
    G. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    H. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, to 
the extent permitted by law, and in consultation with DHS legal 
counsel, for the purpose of protecting the vital interests of a data 
subject or other persons, including to assist such agencies or 
organizations in preventing exposure to or transmission of a 
communicable or quarantinable disease or to combat other significant 
public health threats; appropriate notice will be provided of any 
identified health risk.

[[Page 45917]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media. Medical 
information collected is maintained on separate forms and in separate 
medical files and are treated as a confidential medical record.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS may retrieve records by any of the categories of records, 
including name, location, date of exposure, or work status.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    DHS is in the process of developing a records schedule for declared 
public health emergency records. However, to the extent applicable, to 
ensure compliance with Americans with Disabilities Act (ADA) and the 
Rehabilitation Act, medical information must be ``maintained on 
separate forms and in separate medical files and be treated as a 
confidential medical record.'' 42 U.S.C. 12112(d)(3)(B); 29 CFR 
1630.14(b)(1), (c)(1), (d)(4)(i). This means that medical information 
and documents must be stored separately from other personnel records. 
As such, the Department must keep medical records for at least one year 
from creation date. 29 CFR 1602.14. Further, any records compiled under 
this SORN and incorporated into an occupational individual medical case 
record pursuant to the OSH Act must be maintained in accordance with 5 
CFR part 293.511(b) and 29 CFR 1910.1020(d), and must be destroyed 30 
years after employee separation or when the Official Personnel Folder 
(OPF) is destroyed, whichever is longer, in accordance with NARA 
General Records Schedule (GRS) 2.7, Item 60, and NARA records retention 
schedule DAA-GRS-2017-0010-0009, to the extent applicable. Visitor 
processing records are covered by GRS 5.6, Items 110 and 111, and must 
be destroyed when either two or five years old, depending on security 
level, but may be retained longer if required for business use, 
pursuant to DAA-GRS-2017-0006-0014 and -0015.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS has imposed strict controls to minimize the 
risk of compromising the information that is being stored. Access to 
the computer system containing the records in this system is limited to 
those individuals who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer or the 
appropriate Headquarters or component's FOIA Officer whose contact 
information can be found at https://www.dhs.gov/foia under ``Contact 
Information.'' If an individual believes more than one component 
maintains Privacy Act records concerning him or her, the individual may 
submit the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, Department of Homeland Security, Washington, 
DC 20528-0655. Even if neither the Privacy Act nor the Judicial Redress 
Act provide a right of access, certain records about you may be 
available under the Freedom of Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, an individual may obtain forms for this 
purpose from the Chief Privacy Officer and Chief Freedom of Information 
Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
     Explain why he or she believes the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believes may have the information;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act individuals may make a 
request for amendment or correction of a record of the Department about 
the individual by writing directly to the Department component that 
maintains the record, unless the record is not subject to amendment or 
correction. The request should identify each particular record in 
question, state the amendment or correction desired, and state why the 
individual believes that the record is not accurate, relevant, timely, 
or complete. The individual may submit any documentation that would be 
helpful. If the individual believes that the same record is in more 
than one system of records, the request should state that and be 
addressed to each component that maintains a system of records 
containing the record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-16466 Filed 7-29-20; 8:45 am]
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