Privacy Act of 1974; System of Records, 64448-64452 [2021-25136]
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
DEPARTMENT OF AGRICULTURE
Forest Service
Southwest Montana Resource
Advisory Committee
Forest Service, Agriculture
(USDA).
ACTION: Notice of meeting.
AGENCY:
The Southwest Montana
Resource Advisory Committee (RAC)
will hold two virtual meetings by phone
and/or video conference. The committee
is authorized under the Secure Rural
Schools and Community SelfDetermination Act (the Act) and
operates in compliance with the Federal
Advisory Committee Act. The purpose
of the committee is to improve
collaborative relationships and to
provide advice and recommendations to
the Forest Service concerning projects
and funding consistent with Title II of
the Act as well as to make
recommendations on recreation fee
proposals for sites on the BeaverheadDeerlodge National Forest within
Beaverhead, Jefferson, Madison, and
Silver Bow Counties, consistent with
the Federal Lands Recreation
Enhancement Act. RAC information and
virtual meeting information can be
found at the following website: https://
www.fs.usda.gov/main/bdnf/working
together/advisorycommittees.
DATES: The virtual meetings will be held
on:
• December 13, 2021, 9:00 a.m.–12:00
p.m., Mountain Standard Time; and
• December 14, 2021, 9:00 a.m.–12:00
p.m., Mountain Standard Time.
All RAC meetings are subject to
cancellation. For status of the meetings
prior to attendance, please contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
ADDRESSES: The meetings will be held
virtually via telephone and/or video
conference. Details on how members of
the public can join the meetings can be
found at the website link in the above
SUMMARY.
Written comments may be submitted
as described under SUPPLEMENTARY
INFORMATION. All comments, including
names and addresses when provided,
are placed in the record and are
available for public inspection and
copying. The public may inspect
comments received upon request.
FOR FURTHER INFORMATION CONTACT:
Cheri Ford, Designated Federal Officer
(DFO), by phone at 406–683–3973 or
email at cheri.ford@usda.gov or Jeanne
Dawson, RAC Coordinartor, at 406–683–
3987 or email at jeanne.dawson@
usda.gov.
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SUMMARY:
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Individuals who use
telecommunication devices for the deaf/
hard-of-hearing (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339, 24 hours a day, every day of
the year, including holidays.
SUPPLEMENTARY INFORMATION: The
purpose of the meetings are to:
1. Hear from Title II project
proponents and discuss Title II project
proposals;
2. Make funding recommendations on
Title II projects;
3. Discuss recreation fee proposals for
developed recreation sites; and
4. Make recommendations on fees for
the recreation fee proposals.
The meetings are open to the public.
The agenda will include time for people
to make oral statements of three minutes
or less. Individuals wishing to make an
oral statement should make a request in
writing by Monday, November 29, 2021,
to be scheduled on the agenda for a
particular meeting. Anyone who would
like to bring related matters to the
attention of the committee may file
written statements with the committee
staff before or after the meeting. Written
comments and requests for time for oral
comments must be sent to Jeanne
Dawson, RAC Coordinator, 420 Barrett
Street, Dillon, MT 59725 or by email to
jeanne.dawson@usda.gov.
Meeting Accommodations: Please
make requests in advance for sign
language interpreter services, assistive
listening devices, or other reasonable
accommodation. For access to
proceedings, please contact the person
listed in the section titled FOR FURTHER
INFORMATION CONTACT. All reasonable
accommodation requests are managed
on a case-by-case basis.
Equal opportunity practices, in line
with USDA policies, will be followed in
all membership appointments to the
RAC. To help ensure that
recommendations of the RAC have
taken into account the needs of the
diverse groups served by the
Department, membership shall include,
to the extent practicable, individuals
with demonstrated ability to represent
minorities, women, and persons with
disabilities.
The USDA prohibits discrimination in
all of its programs and activities on the
basis of race, color, national origin,
religion, sex, gender identity (including
gender expression), sexual orientation,
disability, age, marital status, family/
parental status, political beliefs, income
derived from a public assistance
program, or reprisal or retaliation for
prior civil rights activity in any program
or activity conducted or funded by
USDA (not all bases apply to all
programs).
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Dated: November 12, 2021.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2021–25107 Filed 11–17–21; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
[Docket No. 210923–0194]
Privacy Act of 1974; System of
Records
Department of Commerce,
Office of the Secretary.
ACTION: Notice of a new system of
records.
AGENCY:
This notice announces the
Department of Commerce’s
(Department) proposal to establish a
new system of records entitled
‘‘COMMERCE/DEPT–31, Public Health
Emergency Records of Employees,
Visitors, and Other Individuals at
Department Locations’’ under the
Privacy Act of 1974, and the Office of
Management and Budget (OMB)
Circular A–108, ‘‘Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act’’.
This system of records describes the
Department’s collection, use, and
maintenance of records on individuals
associated with the Department and its
facilities during a public health
emergency or similar health and safety
incident. This newly established system
will be included in the Department’s
inventory of record systems. We invite
public comment on the new system
announced in this publication.
DATES: This new system of records will
become effective upon publication,
subject to a 30-day comment period in
which to comment on the routine uses,
described below. Please submit any
comments by December 20, 2021.
ADDRESSES: You may submit written
comments to Tahira Murphy, Acting
Program Director for Privacy Act
Compliance, tmurphy2@doc.gov.
FOR FURTHER INFORMATION CONTACT:
Tahira Murphy, Acting Program
Director for Privacy Act Compliance,
(202) 482–8075.
SUPPLEMENTARY INFORMATION: The
Department of Commerce must ensure
the safety of its workforce and the
public, including when the Secretary of
Health and Human Services (HHS) or
other designated official determines and
declares that a public health emergency
exists or when a similar health and
safety emergency or incident occurs.
Responses to public health emergencies
or similar health and safety incidents
SUMMARY:
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depend on the nature of the emergency
or incident, but in the context of an
infectious disease outbreak, or a
pandemic or epidemic that can cause
widespread harm to the health of
individuals, the Department of
Commerce may collect information on
Department personnel (including
employees, detailees, guest researchers,
affiliates, interns, and volunteers),
contractors, long-term trainees, mission
support individuals, and visitors at or
on Department locations (including
buildings, grounds, ships, aircraft,
vehicles, or properties that are owned or
leased by the Department; otherwise
used by the Department for meetings,
conferences, events, or other official
business; or contractor or subcontractor
workplace locations and individuals in
those locations working on or in
connection with a Federal Government
contract or contract-like instrument) in
order to ensure a safe and secure work
environment. The information collected
may include names and contact
information; individual circumstances
and dates of suspected exposure; testing
results, symptoms, and treatments;
health status information, and other
information related to the public health
emergency. For federal employees, in
certain instances, depending on the type
of record collected and maintained, this
information will also be maintained and
covered by OPM/GOVT–10, Employee
Medical File System Records, 75 FR
35099 (June 21, 2010), and modified at
80 FR 74815 (Nov. 30, 2015). However,
any collection and use of records
covered by COMMERCE/DEPT–31,
Public Health Emergency Records of
Employees, Visitors, and Other
Individuals at Department Locations, is
only permitted during times of a public
health emergency or similar health and
safety incident and when the
circumstances permit the Department to
collect and maintain such information
on the various categories of Department
personnel, contractors, long-term
trainees, mission support individuals,
and visitors at Department locations.
The 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 Department employees,
there are several employment laws that
govern the collection, dissemination,
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and retention of employee medical
information. These employment laws
include the Americans with Disabilities
Act of 1990, as amended (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 ADA and the Rehab Act.
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.
Information stored in this system of
records may be shared with other
Department 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 Department
policies.
In addition, the Department 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, but, again, only if it is first
determined that the information may be
shared under all other applicable laws
and Department policies.
This newly established system will be
included in the Department’s inventory
of record systems.
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
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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
COMMERCE/DEPT–31, Public Health
Emergency Records of Employees,
Visitors, and Other Individuals at
Department Locations, system of
records.
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report of
this system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
COMMERCE/DEPT–31, Public Health
Emergency Records of Employees,
Visitors, and Other Individuals at
Department Locations.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
Records are maintained at the
Department of Commerce (Department)
Headquarters, component offices, field
offices, and contractor-owned and
operated facilities.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Privacy and Open
Government, U.S. Department of
Commerce, 1401 Constitution Ave. NW,
Room 61025, Washington, DC 20230.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 319 of the Public Health
Service (PHS) Act (42 U.S.C. 247d);
Coronavirus Aid, Relief, and Economic
Security (CARES) Act, Public Law 116–
136, Div. B., Title VIII, sec. 18115, 134
Stat. 574 (codified in 42 U.S.C. 247d
note); 21 U.S.C. 360bbb–3;
Rehabilitation Act, 29 U.S.C. 701 et.
seq.; Americans with Disabilities Act of
1990, as amended, 102(d), 42 U.S.C.
12112(d); 29 CFR part 1602; 29 CFR part
1630; 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
part 1910, and 29 CFR part 1960; and
the Genetic Information
Nondiscrimination Act of 2008, 42
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U.S.C. 2000ff to ff–11, and 29 CFR part
1635; and other federal laws,
regulations, Executive orders, or
guidance related to the specific public
health emergency or similar health and
safety incident, including guidance
issued by the Office of Management and
Budget, the Centers for Disease Control
and Prevention, or other appropriate
agency or entity, as applicable.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
maintain records to protect the
Department’s workforce and other
individuals at or on ‘‘Department
locations’’—which is defined to include
buildings, grounds, ships, aircraft,
vehicles, or properties that are owned or
leased by the Department; otherwise
used by the Department for meetings,
conferences, events, or other official
business; or contractor or subcontractor
workplace locations and individuals in
those locations working on or in
connection with a Federal Government
contract or contract-like instrument—
and respond to or mitigate a public
health emergency or similar health and
safety incident. For instance, the
Department may use the information
collected to conduct contact tracing (i.e.,
the subsequent identification,
monitoring, and support of a confirmed
or probable case’s close contacts who
have been exposed to, and possibly
infected with, a disease or illness at or
on Department locations); institute
preventative testing or other measures to
permit entry to Department locations to
minimize exposure; and fulfill testing
reporting requirements, to the extent
permitted by law.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Department personnel (including
employees, detailees, guest researchers,
affiliates, interns, and volunteers), longterm trainees (such as Honors graduates,
Pathways employees, Temporary, Notto-Exceed (NTE) employees, Knauss
Fellows, etc.), contractors, mission
support individuals, visitors (such as all
other federal employees, applicants, and
members of the public) at or on
Department locations, and potentially
affected individuals otherwise present
during official Department business. For
example, individuals covered by this
system may include those who are
suspected or confirmed to have a
disease or illness that is the subject of
a public health emergency, 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 public health emergency, or
who must undergo preventative testing
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or treatment (e.g., vaccines) for a disease
or illness that is the subject of a public
health emergency. Mission support
individuals include those individuals
who are assigned from other federal,
state, local, or private agencies to
support Department missions and
operations at Department locations. The
system also covers individuals listed as
emergency contacts for such
individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include
information related to the public health
emergency or similar health and safety
incident that is relevant and necessary
to achieve the purpose of this system or
records, which may vary depending on
the nature of the specific emergency or
incident. For Department personnel,
long-term trainees, contractors, and
mission support individuals, the
information collected may include, for
example: Individual’s full name;
Preferred phone number(s); Department
duty location, facility, and specific work
space accessed; Preferred email
address(es); Individual’s supervisor’s
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
the Department 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, mission support
individuals, or visitors that the
individual interacted with at or on a
Department location during time the
individual was suspected to or had
contracted the disease or illness; Work
status of the individual (e.g.,
administrative leave, sick leave,
teleworking, in the office, deployed to
the field) and affiliated leave status
information; Emergency contact
information; Other individual
information directly related to the
disease or illness, such as vaccination
status, testing results/information,
symptoms, source of potential exposure,
or prior infection status; Other
information for identification
verification purposes when disclosing
testing results or other health emergency
data to third-parties; and Information
collected in accordance with CARES
Act reporting requirements or other
statutory, regulatory, and administrative
reporting requirements. For visitors at
Department locations, the information
collected may include, for example: Full
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name; Preferred phone number(s);
Preferred email address(es); Date(s) and
time(s) of entrance and exit from
Department workspaces, ships, aircraft,
facilities, and grounds; Name(s) of all
individuals encountered while in or at
Department locations; Public-health
emergency-related data, such as
vaccination status, testing results/
information, symptoms, source of
potential exposure, or prior infection
status; Emergency contact information;
and Information indicating plans on
entering a Department location in the
near future.
RECORD SOURCE CATEGORIES:
When permitted by applicable law,
records may be obtained from
Department personnel, long-term
trainees, contractors, mission support
individuals, and visitors at or on
Department locations; 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 public health emergency.
Records in this system may also be
obtained from security systems or other
systems of records, such as OPM/
GOVT–10.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In the event the Department’s Senior
Agency Official for Privacy or other
senior Department privacy official
determines, in consultation with the
Office of the General Counsel, that
disclosure of a record contained in this
system is not prohibited by the
Rehabilitation Act or other applicable
laws, regulations, or policies, that
record may be disclosed as generally
permitted by the Privacy Act and for the
following routine uses pursuant to 5
U.S.C. 552a(b)(3):
1. 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, or 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, as a routine
use, 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, or rule, regulation, or
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order issued pursuant thereto, or
protecting the interest of the
Department.
2. A record from this system of
records may be disclosed, as a routine
use, to a federal, state, or local agency
maintaining civil, criminal, or other
relevant enforcement information or
other pertinent information, such as
current licenses, if necessary to obtain
information relevant to the issuance of
a security clearance, the letting of a
contract, or the issuance of a license,
grant or other benefit.
3. A record from this system of
records may be disclosed, as a routine
use, to a federal, state, local, or
international agency, in response to its
request, in connection with the issuance
of a security clearance, the reporting of
an investigation of an individual, the
letting of a contract, or the issuance of
a license, grant, or other benefit by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
4. A record from this system of
records may be disclosed, as a routine
use, in the course of presenting
evidence to a court, magistrate or
administrative tribunal, including
disclosures to duly-authorized
investigators or opposing counsel in the
course of discovery or settlement
negotiations.
5. A record in this system of records
may be disclosed, as 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.
6. A record in this system of records
which contains medical information
may be disclosed, as a routine use, to
the medical advisor of any individual
submitting a request for access to the
record under the Act and 15 CFR part
4, subpart B if, in the sole judgment of
the Department, disclosure directly to
the individual could have an adverse
effect upon the individual, under the
provision of 5 U.S.C. 552a(f)(3) and
implementing regulations at 15 CFR
4.26.
7. (Reserved)
8. A record in this system of records
may be disclosed, as a routine use, to
the Office of Management and Budget in
connection with the review of private
relief legislation as set forth in OMB
Circular No. A–19 at any stage of the
legislative coordination and clearance
process as set forth in that Circular.
9. A record in this system of records
may be disclosed, as a routine use, to
the Department of Justice in connection
with determining whether disclosure
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thereof is required by the Freedom of
Information Act (5 U.S.C. 552).
10. A record in this system of records
may be disclosed, as a routine use, to a
contractor of the Department having
need for the information in the
performance of the contract, but not
operating a system of records within the
meaning of 5 U.S.C. 552a(m).
11. (Reserved)
12. A record in this system may be
transferred, as a routine use, to the
Office of Personnel Management: For
personnel research purposes; as a data
source for management information; for
the production of summary descriptive
statistics and analytical studies in
support of the function for which the
records are collected and maintained; or
for related manpower studies.
13. A record from this system of
records may be disclosed, as a routine
use, to the Administrator, General
Services Administration (GSA), or his
designee, during an inspection of
records conducted by GSA as part of
that agency’s responsibility to
recommend improvements in records
management practices and programs,
under authority of 44 U.S.C. 2904 and
2906. Such disclosure shall be made in
accordance with the GSA regulations
governing inspection of records for this
purpose, and any other relevant (i.e.,
GSA or Department of Commerce)
directive. Such disclosure shall not be
used to make determinations about
individuals.
14. A record in this system of records
may be disclosed to appropriate
agencies, entities, and persons when (1)
the Department suspects or has
confirmed that there has been a breach
of the system of records; (2) the
Department has determined that as a
result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Department (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 the Department’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
15. A record in this system of records
may be disclosed to another Federal
agency or Federal entity, when the
Department 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
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64451
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
16. A record in this system of records
may be disclosed to student volunteers,
individuals working under a personal
services contract, and other workers
who technically do not have the status
of Federal employees, when they are
performing work for the Department
and/or its operating units, as authorized
by law, as needed to perform their
assigned functions.
17. A record in this system may be
disclosed to the Department of Treasury
for the purpose of reporting and
recouping delinquent debts owed the
United States pursuant to the Debt
Collection Improvement Act of 1996.
18. A record in this system may be
disclosed 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.
19. A record in this system of records
may be disclosed to appropriate federal,
state, local, tribal, or foreign
governmental agencies or multilateral
governmental organizations 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, to combat other
significant public health threats, or to
identify mission critical personnel
appropriate for potential early
vaccination or other treatment options.
20. A record in this system of records
may be disclosed to such recipients and
under such circumstances and
procedures as are mandated by Federal
statute or treaty.
21. A record in this system of records
may be disclosed to Federal agencies
such as the Department of Health and
Human Services (HHS), State and local
health departments, and other public
health or cooperating medical
authorities in connection with program
activities and related collaborative
efforts to deal more effectively with
exposures to communicable diseases,
and to satisfy mandatory reporting
requirements when applicable.
22. A record in this system of records
may be disclosed to a potentially
affected individual’s emergency contact
for purposes of locating the individual
to communicate that they may have
been exposed to a public health
emergency contaminant in a Department
location, while otherwise present during
official Department business, or at
contractor or subcontractor workplace
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locations where individuals in those
locations were working on or in
connection with a Federal Government
contract or contract-like instrument.
23. A record in this system of records
may be disclosed to affected individuals
or potentially affected individuals, or,
when needed, to the (potentially)
affected individual’s employer, grantee
organization, federal agency to whom
the individual is contracted, or other
similar designated external points of
contact, to the extent the information is
necessary for contact tracing.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system of records are
stored electronically or on paper in
secure facilities. Electronic records are
stored on a secure network. Records are
protected from unauthorized access and
improper use through administrative,
technical, and physical security
measures. Medical information
collected is maintained on separate
forms and in separate medical files and
is treated as a confidential medical
record.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
The Department may retrieve records
by any of the categories of records,
including name, location, date of
vaccination, date of potential exposure,
or work status.
khammond on DSKJM1Z7X2PROD with NOTICES
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
All records are retained and disposed
of in accordance with National Archive
and Records Administration regulations
(36 CFR chapter XII, subchapter B—
Records Management); Departmental
directives and comprehensive records
schedules; and, to the extent applicable,
NOAA Administrative Order 205–01 or
other directives issued by a
Departmental component. To the extent
applicable, to ensure compliance with
the Americans with Disabilities Act
(ADA), the Rehabilitation Act, and the
Genetic Information Nondiscrimination
Act of 2008 (GINA), 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); 42 U.S.C. 2000ff–5(a); 29
CFR 1630.14(b)(1), (c)(1), (d)(4)(i); and
29 CFR 1635.9(a). 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 system and
incorporated into an occupational
VerDate Sep<11>2014
17:11 Nov 17, 2021
Jkt 256001
individual medical case record pursuant
to the OSH Act must be maintained in
accordance with 5 CFR 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:
The system of records is stored in
buildings with doors that are locked
during and after business hours. Visitors
to the facility must register with security
guards and must be accompanied by
Federal personnel at all times. Records
are stored in a locked room and/or a
locked file cabinet. Electronic records
containing Privacy Act information are
protected by a user identification/
password. The user identification/
password is issued to those individuals
who have a need to access the records
for the performance of their official
duties and who have appropriate
clearances or permissions. Technical
security safeguards include restrictions
on computer access to authorized
individuals who have a legitimate need
to know the information; required use of
strong passwords that are frequently
changed; multi-factor authentication for
remote access; use of encryption for
certain data types and transfers;
firewalls and intrusion detection
applications; and regular review of
security procedures and best practices
to enhance security. Physical safeguards
include restrictions on building access
to authorized individuals and storage of
records in locked offices and filing
cabinets.
All electronic information
disseminated by the Department
adheres to the standards set out in
Appendix III, Security of Automated
Information Resources, OMB Circular
A–130; the Computer Security Act (15
U.S.C. 278g–3 and 278g–4); and the
Government Information Security
Reform Act, Public Law 106–398; and
follows NIST SP 800–18, Guide for
Developing Security Plans for Federal
Information Systems; NIST SP 800–26,
Security Self-Assessment Guide for
Information Technology Systems; and
NIST SP 800–53, Recommended
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Security Controls for Federal
Information Systems.
RECORD ACCESS PROCEDURES:
Requests from individuals should be
addressed to: Chief Privacy Officer, U.S.
Department of Commerce, Office of
Privacy and Open Government, 1401
Constitution Ave. NW, Room 61025,
Washington, DC 20230, pursuant to 15
CFR part 4, subpart B.
CONTESTING RECORD PROCEDURES:
The Department’s rules for access,
contesting contents, and appealing
initial determinations by the individual
concerned appear in 15 CFR part 4,
subpart B. Use address cited in Record
Access Procedures above.
NOTIFICATION PROCEDURES:
Requests for notification of the
existence of records pertaining to the
requester should be submitted pursuant
to the inquiry provisions of the
Department’s rules which appear in 15
CFR part 4, subpart B. Use address cited
in Record Access Procedures above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
No history.
Notice of New System of Record.
Jennifer Goode,
Department of Commerce, Acting Chief
Privacy Officer and Director, Office of Privacy
and Open Government.
[FR Doc. 2021–25136 Filed 11–17–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–55–2021]
Foreign-Trade Zone (FTZ) 22—
Chicago, Illinois; Authorization of
Production Activity AbbVie, Inc.
(Pharmaceutical Products) North
Chicago and Lake County, Illinois
On July 16, 2021, AbbVie, Inc.,
submitted a notification of proposed
production activity to the FTZ Board for
its facilities within Subzone 22S, in
North Chicago and Lake County,
Illinois.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (86 FR 41008, July 30,
2021). On November 15, 2021, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
E:\FR\FM\18NON1.SGM
18NON1
Agencies
[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64448-64452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25136]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[Docket No. 210923-0194]
Privacy Act of 1974; System of Records
AGENCY: Department of Commerce, Office of the Secretary.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: This notice announces the Department of Commerce's
(Department) proposal to establish a new system of records entitled
``COMMERCE/DEPT-31, Public Health Emergency Records of Employees,
Visitors, and Other Individuals at Department Locations'' under the
Privacy Act of 1974, and the Office of Management and Budget (OMB)
Circular A-108, ``Federal Agency Responsibilities for Review,
Reporting, and Publication under the Privacy Act''. This system of
records describes the Department's collection, use, and maintenance of
records on individuals associated with the Department and its
facilities during a public health emergency or similar health and
safety incident. This newly established system will be included in the
Department's inventory of record systems. We invite public comment on
the new system announced in this publication.
DATES: This new system of records will become effective upon
publication, subject to a 30-day comment period in which to comment on
the routine uses, described below. Please submit any comments by
December 20, 2021.
ADDRESSES: You may submit written comments to Tahira Murphy, Acting
Program Director for Privacy Act Compliance, [email protected].
FOR FURTHER INFORMATION CONTACT: Tahira Murphy, Acting Program Director
for Privacy Act Compliance, (202) 482-8075.
SUPPLEMENTARY INFORMATION: The Department of Commerce must ensure the
safety of its workforce and the public, including when the Secretary of
Health and Human Services (HHS) or other designated official determines
and declares that a public health emergency exists or when a similar
health and safety emergency or incident occurs. Responses to public
health emergencies or similar health and safety incidents
[[Page 64449]]
depend on the nature of the emergency or incident, but in the context
of an infectious disease outbreak, or a pandemic or epidemic that can
cause widespread harm to the health of individuals, the Department of
Commerce may collect information on Department personnel (including
employees, detailees, guest researchers, affiliates, interns, and
volunteers), contractors, long-term trainees, mission support
individuals, and visitors at or on Department locations (including
buildings, grounds, ships, aircraft, vehicles, or properties that are
owned or leased by the Department; otherwise used by the Department for
meetings, conferences, events, or other official business; or
contractor or subcontractor workplace locations and individuals in
those locations working on or in connection with a Federal Government
contract or contract-like instrument) in order to ensure a safe and
secure work environment. The information collected may include names
and contact information; individual circumstances and dates of
suspected exposure; testing results, symptoms, and treatments; health
status information, and other information related to the public health
emergency. For federal employees, in certain instances, depending on
the type of record collected and maintained, this information will also
be maintained and covered by OPM/GOVT-10, Employee Medical File System
Records, 75 FR 35099 (June 21, 2010), and modified at 80 FR 74815 (Nov.
30, 2015). However, any collection and use of records covered by
COMMERCE/DEPT-31, Public Health Emergency Records of Employees,
Visitors, and Other Individuals at Department Locations, is only
permitted during times of a public health emergency or similar health
and safety incident and when the circumstances permit the Department to
collect and maintain such information on the various categories of
Department personnel, contractors, long-term trainees, mission support
individuals, and visitors at Department locations.
The 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 Department employees,
there are several employment laws that govern the collection,
dissemination, and retention of employee medical information. These
employment laws include the Americans with Disabilities Act of 1990, as
amended (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 ADA and the Rehab Act.
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.
Information stored in this system of records may be shared with
other Department 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 Department policies.
In addition, the Department 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, but, again, only if it is first determined
that the information may be shared under all other applicable laws and
Department policies.
This newly established system will be included in the Department's
inventory of record systems.
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 COMMERCE/DEPT-31, Public Health
Emergency Records of Employees, Visitors, and Other Individuals at
Department Locations, system of records.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report of this system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER:
COMMERCE/DEPT-31, Public Health Emergency Records of Employees,
Visitors, and Other Individuals at Department Locations.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
Records are maintained at the Department of Commerce (Department)
Headquarters, component offices, field offices, and contractor-owned
and operated facilities.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Privacy and Open Government, U.S. Department of
Commerce, 1401 Constitution Ave. NW, Room 61025, Washington, DC 20230.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 319 of the Public Health Service (PHS) Act (42 U.S.C.
247d); Coronavirus Aid, Relief, and Economic Security (CARES) Act,
Public Law 116-136, Div. B., Title VIII, sec. 18115, 134 Stat. 574
(codified in 42 U.S.C. 247d note); 21 U.S.C. 360bbb-3; Rehabilitation
Act, 29 U.S.C. 701 et. seq.; Americans with Disabilities Act of 1990,
as amended, 102(d), 42 U.S.C. 12112(d); 29 CFR part 1602; 29 CFR part
1630; 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 part 1910, and 29 CFR part 1960; and the Genetic
Information Nondiscrimination Act of 2008, 42
[[Page 64450]]
U.S.C. 2000ff to ff-11, and 29 CFR part 1635; and other federal laws,
regulations, Executive orders, or guidance related to the specific
public health emergency or similar health and safety incident,
including guidance issued by the Office of Management and Budget, the
Centers for Disease Control and Prevention, or other appropriate agency
or entity, as applicable.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain records to protect the
Department's workforce and other individuals at or on ``Department
locations''--which is defined to include buildings, grounds, ships,
aircraft, vehicles, or properties that are owned or leased by the
Department; otherwise used by the Department for meetings, conferences,
events, or other official business; or contractor or subcontractor
workplace locations and individuals in those locations working on or in
connection with a Federal Government contract or contract-like
instrument--and respond to or mitigate a public health emergency or
similar health and safety incident. For instance, the Department may
use the information collected to conduct contact tracing (i.e., the
subsequent identification, monitoring, and support of a confirmed or
probable case's close contacts who have been exposed to, and possibly
infected with, a disease or illness at or on Department locations);
institute preventative testing or other measures to permit entry to
Department locations to minimize exposure; and fulfill testing
reporting requirements, to the extent permitted by law.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Department personnel (including employees, detailees, guest
researchers, affiliates, interns, and volunteers), long-term trainees
(such as Honors graduates, Pathways employees, Temporary, Not-to-Exceed
(NTE) employees, Knauss Fellows, etc.), contractors, mission support
individuals, visitors (such as all other federal employees, applicants,
and members of the public) at or on Department locations, and
potentially affected individuals otherwise present during official
Department business. For example, individuals covered by this system
may include those who are suspected or confirmed to have a disease or
illness that is the subject of a public health emergency, 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 public health
emergency, or who must undergo preventative testing or treatment (e.g.,
vaccines) for a disease or illness that is the subject of a public
health emergency. Mission support individuals include those individuals
who are assigned from other federal, state, local, or private agencies
to support Department missions and operations at Department locations.
The system also covers individuals listed as emergency contacts for
such individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include information related to the
public health emergency or similar health and safety incident that is
relevant and necessary to achieve the purpose of this system or
records, which may vary depending on the nature of the specific
emergency or incident. For Department personnel, long-term trainees,
contractors, and mission support individuals, the information collected
may include, for example: Individual's full name; Preferred phone
number(s); Department duty location, facility, and specific work space
accessed; Preferred email address(es); Individual's supervisor's 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 the Department 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, mission support individuals, or visitors that the
individual interacted with at or on a Department location during time
the individual was suspected to or had contracted the disease or
illness; Work status of the individual (e.g., administrative leave,
sick leave, teleworking, in the office, deployed to the field) and
affiliated leave status information; Emergency contact information;
Other individual information directly related to the disease or
illness, such as vaccination status, testing results/information,
symptoms, source of potential exposure, or prior infection status;
Other information for identification verification purposes when
disclosing testing results or other health emergency data to third-
parties; and Information collected in accordance with CARES Act
reporting requirements or other statutory, regulatory, and
administrative reporting requirements. For visitors at Department
locations, the information collected may include, for example: Full
name; Preferred phone number(s); Preferred email address(es); Date(s)
and time(s) of entrance and exit from Department workspaces, ships,
aircraft, facilities, and grounds; Name(s) of all individuals
encountered while in or at Department locations; Public-health
emergency-related data, such as vaccination status, testing results/
information, symptoms, source of potential exposure, or prior infection
status; Emergency contact information; and Information indicating plans
on entering a Department location in the near future.
RECORD SOURCE CATEGORIES:
When permitted by applicable law, records may be obtained from
Department personnel, long-term trainees, contractors, mission support
individuals, and visitors at or on Department locations; 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 public health emergency. Records in
this system may also be obtained from security systems or other systems
of records, such as OPM/GOVT-10.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In the event the Department's Senior Agency Official for Privacy or
other senior Department privacy official determines, in consultation
with the Office of the General Counsel, that disclosure of a record
contained in this system is not prohibited by the Rehabilitation Act or
other applicable laws, regulations, or policies, that record may be
disclosed as generally permitted by the Privacy Act and for the
following routine uses pursuant to 5 U.S.C. 552a(b)(3):
1. 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, or 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, as a routine use, 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, or rule, regulation, or
[[Page 64451]]
order issued pursuant thereto, or protecting the interest of the
Department.
2. A record from this system of records may be disclosed, as a
routine use, to a federal, state, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
3. A record from this system of records may be disclosed, as a
routine use, to a federal, state, local, or international agency, in
response to its request, in connection with the issuance of a security
clearance, the reporting of an investigation of an individual, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
4. A record from this system of records may be disclosed, as a
routine use, in the course of presenting evidence to a court,
magistrate or administrative tribunal, including disclosures to duly-
authorized investigators or opposing counsel in the course of discovery
or settlement negotiations.
5. A record in this system of records may be disclosed, as 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.
6. A record in this system of records which contains medical
information may be disclosed, as a routine use, to the medical advisor
of any individual submitting a request for access to the record under
the Act and 15 CFR part 4, subpart B if, in the sole judgment of the
Department, disclosure directly to the individual could have an adverse
effect upon the individual, under the provision of 5 U.S.C. 552a(f)(3)
and implementing regulations at 15 CFR 4.26.
7. (Reserved)
8. A record in this system of records may be disclosed, as a
routine use, to the Office of Management and Budget in connection with
the review of private relief legislation as set forth in OMB Circular
No. A-19 at any stage of the legislative coordination and clearance
process as set forth in that Circular.
9. A record in this system of records may be disclosed, as a
routine use, to the Department of Justice in connection with
determining whether disclosure thereof is required by the Freedom of
Information Act (5 U.S.C. 552).
10. A record in this system of records may be disclosed, as a
routine use, to a contractor of the Department having need for the
information in the performance of the contract, but not operating a
system of records within the meaning of 5 U.S.C. 552a(m).
11. (Reserved)
12. A record in this system may be transferred, as a routine use,
to the Office of Personnel Management: For personnel research purposes;
as a data source for management information; for the production of
summary descriptive statistics and analytical studies in support of the
function for which the records are collected and maintained; or for
related manpower studies.
13. A record from this system of records may be disclosed, as a
routine use, to the Administrator, General Services Administration
(GSA), or his designee, during an inspection of records conducted by
GSA as part of that agency's responsibility to recommend improvements
in records management practices and programs, under authority of 44
U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with
the GSA regulations governing inspection of records for this purpose,
and any other relevant (i.e., GSA or Department of Commerce) directive.
Such disclosure shall not be used to make determinations about
individuals.
14. A record in this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) the Department
suspects or has confirmed that there has been a breach of the system of
records; (2) the Department has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the Department (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 the Department's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
15. A record in this system of records may be disclosed to another
Federal agency or Federal entity, when the Department 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.
16. A record in this system of records may be disclosed to student
volunteers, individuals working under a personal services contract, and
other workers who technically do not have the status of Federal
employees, when they are performing work for the Department and/or its
operating units, as authorized by law, as needed to perform their
assigned functions.
17. A record in this system may be disclosed to the Department of
Treasury for the purpose of reporting and recouping delinquent debts
owed the United States pursuant to the Debt Collection Improvement Act
of 1996.
18. A record in this system may be disclosed 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.
19. A record in this system of records may be disclosed to
appropriate federal, state, local, tribal, or foreign governmental
agencies or multilateral governmental organizations 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,
to combat other significant public health threats, or to identify
mission critical personnel appropriate for potential early vaccination
or other treatment options.
20. A record in this system of records may be disclosed to such
recipients and under such circumstances and procedures as are mandated
by Federal statute or treaty.
21. A record in this system of records may be disclosed to Federal
agencies such as the Department of Health and Human Services (HHS),
State and local health departments, and other public health or
cooperating medical authorities in connection with program activities
and related collaborative efforts to deal more effectively with
exposures to communicable diseases, and to satisfy mandatory reporting
requirements when applicable.
22. A record in this system of records may be disclosed to a
potentially affected individual's emergency contact for purposes of
locating the individual to communicate that they may have been exposed
to a public health emergency contaminant in a Department location,
while otherwise present during official Department business, or at
contractor or subcontractor workplace
[[Page 64452]]
locations where individuals in those locations were working on or in
connection with a Federal Government contract or contract-like
instrument.
23. A record in this system of records may be disclosed to affected
individuals or potentially affected individuals, or, when needed, to
the (potentially) affected individual's employer, grantee organization,
federal agency to whom the individual is contracted, or other similar
designated external points of contact, to the extent the information is
necessary for contact tracing.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system of records are stored electronically or on
paper in secure facilities. Electronic records are stored on a secure
network. Records are protected from unauthorized access and improper
use through administrative, technical, and physical security measures.
Medical information collected is maintained on separate forms and in
separate medical files and is treated as a confidential medical record.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The Department may retrieve records by any of the categories of
records, including name, location, date of vaccination, date of
potential exposure, or work status.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records are retained and disposed of in accordance with
National Archive and Records Administration regulations (36 CFR chapter
XII, subchapter B--Records Management); Departmental directives and
comprehensive records schedules; and, to the extent applicable, NOAA
Administrative Order 205-01 or other directives issued by a
Departmental component. To the extent applicable, to ensure compliance
with the Americans with Disabilities Act (ADA), the Rehabilitation Act,
and the Genetic Information Nondiscrimination Act of 2008 (GINA),
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); 42 U.S.C. 2000ff-5(a); 29 CFR 1630.14(b)(1),
(c)(1), (d)(4)(i); and 29 CFR 1635.9(a). 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 system and incorporated into an
occupational individual medical case record pursuant to the OSH Act
must be maintained in accordance with 5 CFR 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:
The system of records is stored in buildings with doors that are
locked during and after business hours. Visitors to the facility must
register with security guards and must be accompanied by Federal
personnel at all times. Records are stored in a locked room and/or a
locked file cabinet. Electronic records containing Privacy Act
information are protected by a user identification/password. The user
identification/password is issued to those individuals who have a need
to access the records for the performance of their official duties and
who have appropriate clearances or permissions. Technical security
safeguards include restrictions on computer access to authorized
individuals who have a legitimate need to know the information;
required use of strong passwords that are frequently changed; multi-
factor authentication for remote access; use of encryption for certain
data types and transfers; firewalls and intrusion detection
applications; and regular review of security procedures and best
practices to enhance security. Physical safeguards include restrictions
on building access to authorized individuals and storage of records in
locked offices and filing cabinets.
All electronic information disseminated by the Department adheres
to the standards set out in Appendix III, Security of Automated
Information Resources, OMB Circular A-130; the Computer Security Act
(15 U.S.C. 278g-3 and 278g-4); and the Government Information Security
Reform Act, Public Law 106-398; and follows NIST SP 800-18, Guide for
Developing Security Plans for Federal Information Systems; NIST SP 800-
26, Security Self-Assessment Guide for Information Technology Systems;
and NIST SP 800-53, Recommended Security Controls for Federal
Information Systems.
RECORD ACCESS PROCEDURES:
Requests from individuals should be addressed to: Chief Privacy
Officer, U.S. Department of Commerce, Office of Privacy and Open
Government, 1401 Constitution Ave. NW, Room 61025, Washington, DC
20230, pursuant to 15 CFR part 4, subpart B.
CONTESTING RECORD PROCEDURES:
The Department's rules for access, contesting contents, and
appealing initial determinations by the individual concerned appear in
15 CFR part 4, subpart B. Use address cited in Record Access Procedures
above.
NOTIFICATION PROCEDURES:
Requests for notification of the existence of records pertaining to
the requester should be submitted pursuant to the inquiry provisions of
the Department's rules which appear in 15 CFR part 4, subpart B. Use
address cited in Record Access Procedures above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
No history.
Notice of New System of Record.
Jennifer Goode,
Department of Commerce, Acting Chief Privacy Officer and Director,
Office of Privacy and Open Government.
[FR Doc. 2021-25136 Filed 11-17-21; 8:45 am]
BILLING CODE 3510-22-P