Privacy Act of 1974; System of Records
| Published date | 24 February 2021 |
| Citation | 86 FR 11381 |
| Record Number | 2021-03770 |
| Section | Notices |
| Court | Treasury Department |
Federal Register, Volume 86 Issue 35 (Wednesday, February 24, 2021)
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11381-11385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03770]
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DEPARTMENT OF THE TREASURY
Privacy Act of 1974; System of Records
AGENCY: Department of the Treasury.
ACTION: Notice of a New System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
the Treasury (``Treasury'' or the ``Department'') (including Treasury
bureaus, offices, and other subcomponents), proposes to establish a new
Treasury system of records titled, ``Department of the Treasury .020--
Health Screening and Contact Tracing Records.'' Treasury collects these
records when it knows or suspects that a person who was infected with a
communicable disease came in close physical proximity to or had
physical contact with other persons while working in or visiting a
Treasury facility (including Treasury sponsored events in non-Treasury
facilities), and Treasury determines that the collection of such
records is necessary to protect the health of Treasury personnel
(meaning employees, grantees, contractors, and interns), and Treasury
visitors (which includes non-Treasury federal employees and
contractors, detailees from other federal agencies working at a
Treasury facility, and members of the public who visit a Treasury
facility). Treasury may collect these records in response to a health-
related declaration of a national emergency by the President, a public
health emergency declared by the Health and Human Service (HHS)
Secretary or a designated federal official or a designated state
official. Even in the absence of a health-related declaration of
national emergency or declaration of public health emergency (HHS or
state level), Treasury may collect these records if it determines that
a significant risk of substantial harm exists to the health of Treasury
personnel or visitors.
DATES: Submit comments on or before March 26, 2021. The routine uses will be applicable on March 26,
2021.
ADDRESSES: Comments may be submitted to the Federal E-Rulemaking Portal
electronically at http://www.regulations.gov. Comments can also be sent
to the Deputy Assistant Secretary for Privacy, Transparency, and
Records, Department of the Treasury, Departmental Offices, 1750
Pennsylvania Avenue NW, Washington, DC 20220, Attention: Revisions to
Privacy Act Systems of Records. All comments received, including
attachments and other supporting documents, are part of the public
records and subject to public disclosure. All comments received will be
posted without change to www.regulations.gov, including any personal
information provided. You should submit only information that you wish
to make publicly available.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Deputy Assistant Secretary for Privacy,
Transparency, and Records (202-622-5710), Department of the Treasury,
1500 Pennsylvania Avenue NW, Washington, DC 20220.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, the Department of the Treasury (``Treasury'') proposes
to establish a new Treasury system of records titled, ``Department of
the Treasury, Treasury .020--Health Screening and Contact Tracing
Records.''
Treasury is publishing this system of records to provide notice to
individuals regarding the collection, maintenance, use and disclosure
of health screening and contact tracing information collected from and
about Treasury personnel (meaning employees, grantees, contractors, and
interns), and Treasury visitors (meaning non-Treasury federal
employees, detailees
[[Page 11382]]
from other federal agencies, non-Treasury federal contractors, and
members of the public) working at or visiting a Treasury facility or a
Treasury sponsored event at a non-Treasury facility. Treasury is
collecting this information to protect the health of Treasury personnel
and Treasury visitors who seek to enter a Treasury facility and/or were
physically present in a Treasury facility and came in close proximity
to or had physical contact with Treasury personnel and/or visitors who,
at the time, were infected or had symptoms of infection with a
communicable disease.
Health screening information will be used to reduce the risk that
individuals with symptoms consistent with a communicable disease will
enter a Treasury facility or event and infect Treasury personnel and/or
visitors with a communicable disease. Contact tracing information will
be used to identify other Treasury personnel and/or visitors who were
present in a Treasury facility and came in close proximity to or had
physical contact with Treasury personnel and/or visitors who, at the
time, were infected or had symptoms of infection with a communicable
disease.
Treasury may collect these records in response to a health-related
declaration of a national emergency by the President, a public health
emergency declared by the Health and Human Service (HHS) Secretary or a
designated federal official or a designated state official. Even in the
absence of a health-related declaration of national emergency or
declaration of public health emergency (HHS or state level), Treasury
may collect these records if it determines that a significant risk of
substantial harm exists to the health of Treasury personnel or
visitors.
The Occupational Safety and Health Act (OSHA) of 1970, Public Law
91-596, 29 U.S.C. 668, Section 19(a) requires the head of each Federal
agency to establish and maintain an effective and comprehensive
occupational safety and health program and safe and healthful places
and conditions of employment, and to keep adequate records of all
occupational accidents and illnesses for proper evaluation and
necessary corrective action. OSHA also requires that Federal agencies
maintain an injury and illness prevention program, which is a proactive
process designed to reduce injuries, illnesses, and fatalities.
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.
Most state governors also have the authority to declare public
health emergencies by executive order or other declaration. State
declared public health emergencies could also involve a significant
risk of substantial harm to Treasury personnel or visitors.
Treasury is not seeking exemption from any Privacy Act provisions
for this system of records.
The proposed system of records will have an effect on individual
privacy because medical information is required to conduct health
screening, to identify persons who have or may have been exposed to or
infected with a communicable disease (e.g., to reduce risk by allowing
them to work from home or use leave, as needed), and to identify other
persons with whom an infected person might have had contact in a
Treasury facility (including Treasury bureau, office, and other
subcomponent facilities) or another facility hosting a Treasury-
sponsored event. In order to reduce the risk to individual privacy,
Treasury is minimizing the information it maintains. For example, if
Treasury personnel or visitors test positive for a communicable disease
and reveal this information to Treasury (or Treasury acquires this
information from another source), their identity will not be disclosed
to other persons with whom they came in close physical contact unless
otherwise authorized by law.
Treasury will include this system in its inventory of record
systems.
Treasury provided a report of this system of records to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget (OMB),
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' dated December 23, 2016.
Below, is the description of Treasury .020--Health Screening and
Contact Tracing Records.
Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
SYSTEM NAME AND NUMBER:
Department of the Treasury--.020--Health Screening and Contact
Tracing Records--Department of the Treasury.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The records are located at Main Treasury and in other Treasury
bureaus, offices, and other subcomponents, both in Washington, DC and
at field locations as follows:
(1) Departmental Offices: 1500 Pennsylvania Ave. NW, Washington, DC
20220;
(2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW,
Washington, DC 20220.
(3) Office of the Comptroller of the Currency: Constitution Center,
400 Seventh St. SW, Washington, DC 20024;
(4) Fiscal Service: Liberty Center Building, 401 14th St. SW,
Washington, DC 20227;
(5) Internal Revenue Service: 1111 Constitution Ave. NW,
Washington, DC 20224;
(6) United States Mint: 801 Ninth St. NW, Washington, DC 20220;
(7) Bureau of Engraving and Printing: District of Columbia
Facility, 14th and C Streets SW, Washington, DC 20228 and Western
Currency Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement Network: Vienna, VA 22183;
(9) Special Inspector General for the Troubled Asset Relief Program
(SIGTARP): 1801 L St. NW, Washington, DC 20220;
(10) Office of Inspector General: 740 15th St. NW, Washington, DC
20220; and
(11) Office of the Treasury Inspector General for Tax
Administration: 1125 15th St. NW, Suite 700A, Washington, DC 20005.
Data are also located at contractor sites. A list of contractor
sites where individually identified data are currently located is
available upon request.
SYSTEM MANAGER(S):
(1) Departmental Offices: 1500 Pennsylvania Ave. NW, Washington, DC
20220;
(2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW,
Washington, DC 20220.
(3) Office of the Comptroller of the Currency: Constitution Center,
400 Seventh St. SW, Washington, DC 20024;
(4) Fiscal Service: Liberty Center Building, 401 14th St. SW,
Washington, DC 20227;
(5) Internal Revenue Service: 1111 Constitution Ave. NW,
Washington, DC 20224;
(6) United States Mint: 801 Ninth St. NW, Washington, DC 20220;
(7) Bureau of Engraving and Printing: District of Columbia
Facility, 14th and C Streets SW, Washington, DC 20228 and Western
Currency Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
[[Page 11383]]
(8) Financial Crimes Enforcement Network: Vienna, VA 22183;
(9) Special Inspector General for the Troubled Asset Relief Program
(SIGTARP): 1801 L St. NW, Washington, DC 20220;
(10) Office of Inspector General: 740 15th St. NW, Washington, DC
20220; and
(11) Office of the Treasury Inspector General for Tax
Administration: 1125 15th St. NW, Suite 700A, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Occupational Safety and Health Act (OSHA) of 1970, Public Law 91-
596, Section 19(a) (29 U.S.C. 668(a)); 5 U.S.C. 301; Section 319 of the
Public Health Service Act (42 U.S.C. 247d; American with Disabilities
Act, including 42 U.S.C. 12112(d)(3)(B) (allowing medical examination
after an offer of employment has been made to a job applicant), 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; Executive
Order 12196, 5 U.S.C. 7902(d); 29 U.S.C. 668, 29 CFR part 1904, 29 CFR
1910.1020, and 29 CFR 1960.66.
PURPOSE(S) OF THE SYSTEM:
The Department of the Treasury (including Treasury bureaus,
offices, and other subcomponents) collects these records when it knows
or suspects that a person was infected with a communicable disease and
came in close physical proximity to or had physical contact with other
persons while working in or visiting a Treasury facility (including
Treasury sponsored events in non-Treasury facilities), and Treasury (or
another federal or state authority) determines that a significant risk
of substantial harm exists to the health or safety of Treasury
employees or visitors. These records are used to: (1) Comply with
Occupational Safety and Health Administration Act recordkeeping
requirements; (2) respond to a significant risk of substantial harm to
Treasury personnel or visitors; (3) document reports of illness or
communicable disease that are the subject of a declaration of public
health emergency by the Health and Human Service (HHS) Secretary or a
designated state official that may pose a significant risk of
substantial harm to the health of Treasury personnel (meaning
employees, grantees, and interns), and/or Treasury visitors (meaning
non-Treasury federal employees, detailees from other federal agencies,
contractors, and members of the public); (4) perform contact tracing
investigations of and notifications to Treasury personnel and Treasury
visitors known or suspected of exposure to communicable diseases who
came in close physical proximity to or had physical contact with other
persons while working in or visiting a Treasury facility; (5) inform
federal, state or local public health authorities so that these
authorities may act to protect public health as allowed or required by
law; and (6) take such actions (e.g., quarantine or isolation) as
necessary to prevent the introduction, transmission, and spread of
communicable disease by persons who have contracted or were exposed to
such a disease and came in close physical proximity to or had physical
contact with other persons while working in or visiting a Treasury
facility or event.
Treasury may collect this information in response to a declaration
of public health emergency by the Secretary of the Department of Health
and Human Services (HHS). Under section 319 of the Public Health
Service Act, the HHS Secretary may 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. When the HHS Secretary
determines that a public health emergency exists, Treasury must respond
to protect the health of its workforce. Treasury's response will depend
on the nature of the particular public health emergency, but may
include collecting information on Treasury personnel (meaning
employees, grantees, and interns), and Treasury visitors (meaning non-
Treasury federal employees, detailees from other federal agencies,
contractors, and members of the public).
Treasury may also collect this information when it determines that
the spread of a communicable disease presents a significant risk of
substantial harm to the health of Treasury personnel or visitors.
Treasury will consider any public health emergency declared by state or
local officials in making such a determination.
In other circumstances, even in the absence of a health related
declaration of national emergency or declaration of public health
emergency (HHS or state level), Treasury may collect this information
where it determines that the spread of a communicable disease presents
a significant risk of substantial harm to the health of Treasury
personnel or visitors.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons who provide health screening information prior to being
admitted to a Treasury facility or event; persons denied entry to a
Treasury facility or event after health screening; persons who worked
in or visited a Treasury facility or event while infected or
potentially infected with a communicable disease; and persons exposed
to or potentially infected with a communicable disease while working in
or visiting a Treasury facility or a Treasury sponsored event at a non-
Treasury facility.
CATEGORIES OF RECORDS IN THE SYSTEM:
Health screening and contact tracing records may include
identification and contact information (such as name, address, work or
personal phone number(s), work or personal email address(es), work
office/division, date of birth, employee ID number, badge number,
Social Security Number, passport number), medical reports, assessments,
vaccination status, testing status (where and when it occurred; status
of results), test type, test results, disease type, health status,
approximate date of exposure, last date physically present in a
Treasury facility/at a Treasury event, name of facility (including
bureau or office or other unit/component) visited, areas of a Treasury
or other facility (if a Treasury event at a non-Treasury facility)
traversed, areas and objects touched, workplace contacts, names of
persons who had physical contact with or was in prolonged close
physical proximity to infected/potentially infected persons, proximity
monitoring device identification and serial number, time monitoring
device was first picked up and returned, extended proximity event time
and date, number of events, number of individuals in an event, number
of individuals at location, dates and locations of domestic and
international travel, and related information and documents collected
for the purpose of screening and contact tracing.
RECORD SOURCE CATEGORIES:
Records are obtained through interviews or electronically (using
proximity monitoring devices) from the individuals infected or
potentially infected while physically present in a Treasury facility or
at a Treasury event, other individuals with whom an infected or
potentially infected individual had close contact, other federal or
state agencies, physicians (as allowed by law or with consent from the
individual), Treasury visitors or their employers, and Treasury
personnel and visitors who maintain (manually or electronically) a log
or report of their close physical contacts (and the
[[Page 11384]]
duration of that contact) while in Treasury facilities to individuals
designated by Treasury.
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 the
Privacy Act of 1974, 5 U.S.C. 552a(b), records and/or information or
portions thereof maintained as part of this system may be disclosed
outside Treasury as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
(1) To the United States Department of Justice (``DOJ''), for the
purpose of representing or providing legal advice to the Department in
a proceeding before a court, adjudicative body, or other administrative
body before which the Department is authorized to appear, when such
proceeding involves:
(a) The Department or any component thereof;
(b) Any employee of the Department in his or her official capacity;
(c) Any employee of the Department in his or her individual
capacity where the Department of Justice or the Department has agreed
to represent the employee; or
(d) The United States, when the Department determines that
litigation is likely to affect the Department or any of its components;
and the use of such records by the DOJ is deemed by the DOJ or the
Department to be relevant and necessary to the litigation.
(2) To a Federal, State, local, or other public authority
maintaining civil, criminal or other relevant enforcement information
or other pertinent information, which has requested information
relevant to or necessary to the requesting agency's, bureau's, or
authority's hiring or retention of an individual, or issuance of a
security clearance, license, contract, grant, or other benefit;
(3) To a Congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(4) 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;
(5) To appropriate agencies, entities, and persons when (1) the
Department of the Treasury and/or one of its bureaus suspects or has
confirmed that there has been a breach of the system of records; (2)
the Department of the Treasury and/or bureau has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department of the Treasury and/or bureau (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 of the Treasury's and/or bureau's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm;
(6) To another Federal agency or Federal entity, when the
Department of the Treasury and/or bureau 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;
(7) To Federal agencies such as the 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.
(8) To missing person location organizations to obtain information
to aid in locating persons who were possibly exposed or exposed others
to a communicable disease at a Treasury facility.
(9) To contractors to assist the agency in health screening and
contact tracing activities and assessing/revising/improving Treasury
processes, procedures, performance and implementation of health
screening and contact tracing activities.
(10) To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, to
the extent permitted by law, and in consultation with 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically in secure
facilities. Paper records (if they must be created/maintained) are
stored in a locked drawer, behind a locked door or at a secure offsite
location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name or other
identification information (such as email address, employee
identification number, or SSN).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are managed in accordance with National Archives and
Records Administration General Records Schedule 2.7 Item 040. Contact
tracing records will be maintained in the agency in accordance with
proposed retention schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable law, rules and policies, including all applicable Treasury
automated systems security and access policies. Strict controls have
been imposed 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.
RECORD ACCESS PROCEDURES:
See ``Notification Procedures'' below.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' below.
NOTIFICATION PROCEDURES:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing, in accordance with Treasury's Privacy
Act regulations (located at 31 CFR 1.26), to the Freedom of Information
Act (FOIA) and Transparency Liaison, whose contact information can be
found at http://www.treasury.gov/FOIA/Pages/index.aspx under ``FOIA
Requester Service Centers and FOIA Liaison.'' If an individual believes
more than one bureau maintains Privacy Act records concerning him or
her, the individual may submit the request to the Office of Privacy,
Transparency, and Records, FOIA and Transparency, Department of the
Treasury, 1500 Pennsylvania Ave. NW, Washington, DC 20220.
No specific form is required, but a request must be written and:
[[Page 11385]]
Be signed and either 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;
State that the request is made pursuant to the FOIA and/or
Privacy Act disclosure regulations;
Include information that will enable the processing office
to determine the fee category of the user;
Be addressed to the bureau that maintains the record (in
order for a request to be properly received by the Department, the
request must be received in the appropriate bureau's disclosure
office);
Reasonably describe the records;
Give the address where the determination letter is to be
sent;
State whether or not the requester wishes to inspect the
records or have a copy made without first inspecting them; and
Include a firm agreement from the requester to pay fees
for search, duplication, or review, as appropriate. In the absence of a
firm agreement to pay, the requester may submit a request for a waiver
or reduction of fees, along with justification of how such a waiver
request meets the criteria for a waiver or reduction of fees found in
the FOIA statute at 5 U.S.C. 552(a)(4)(A)(iii).
You may also submit your request online at https://rdgw.treasury.gov/foia/pages/gofoia.aspx and call 1-202-622-0930 with
questions.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-03770 Filed 2-23-21; 8:45 am]
BILLING CODE 4810-25-P
