83 FR 12015 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range		12015-12020
FR Document		2018-05542

In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to modify and reissue a current DHS Immigration and Customs Enforcement (ICE) system of records titled, ``Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)-013 Alien Health Records System.'' This system of records allows the Department to maintain records that document the health screening, examination, and treatment of aliens arrested by the Department and detained by ICE for civil immigration purposes in facilities where the ICE Health Service Corps (IHSC) provides or oversees the provision of care. As a result of a review of this system, the Department is updating this system of records to include two new routine uses to describe how the Department may share information from this system. The purpose of this system is also being updated to include the new IHSC Patient Medical Record Portal (the ``Portal''), whereby individuals discharged from Immigration and Customs Enforcement facilities (either released from custody or removed from the United States) can log in and get a copy of their electronic medical record. As a result, a new category of records is being maintained in this system of records to support login capability for the Patient Medical Record Portal. Finally, this notice includes non- substantive changes to simplify the formatting and text of the previously published notice. This modified system will be included in the DHS inventory of record systems.

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)

[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12015-12020]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-05542]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0071]

Privacy Act of 1974; System of Records

AGENCY: Privacy Office, Department of Homeland Security.

[[Page 12016]]

ACTION: Notice of modified privacy act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to modify and reissue a
current DHS Immigration and Customs Enforcement (ICE) system of records
titled, ``Department of Homeland Security (DHS)/U.S. Immigration and
Customs Enforcement (ICE)-013 Alien Health Records System.'' This
system of records allows the Department to maintain records that
document the health screening, examination, and treatment of aliens
arrested by the Department and detained by ICE for civil immigration
purposes in facilities where the ICE Health Service Corps (IHSC)
provides or oversees the provision of care. As a result of a review of
this system, the Department is updating this system of records to
include two new routine uses to describe how the Department may share
information from this system. The purpose of this system is also being
updated to include the new IHSC Patient Medical Record Portal (the
``Portal''), whereby individuals discharged from Immigration and
Customs Enforcement facilities (either released from custody or removed
from the United States) can log in and get a copy of their electronic
medical record. As a result, a new category of records is being
maintained in this system of records to support login capability for
the Patient Medical Record Portal. Finally, this notice includes non-
substantive changes to simplify the formatting and text of the
previously published notice. This modified system will be included in
the DHS inventory of record systems.

DATES: Submit comments on or before April 18, 2018. This modified
system will be effective upon publication. New or modified routine uses
are effective April 18, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0071 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Amber Smith, ICEPrivacy@ice.dhs.gov, (202) 732-3300, Privacy Officer,
U.S. Immigration and Customs Enforcement, Washington, DC, 20536-5600.
For privacy questions, please contact: Philip S. Kaplan,
Sam.Kaplan@hq.dhs.gov, (202) 343-1717, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS ICE
proposes to modify and reissue a current DHS system of records notice
(SORN) titled, ``DHS/ICE-013 Alien Health Records System.''
DHS is modifying the DHS/ICE-013 Alien Health Records SORN to add
two new routine uses that will allow ICE to share information from the
Alien Health Records system of records with the additional recipients
for the specified purposes. DHS is also updating the purpose of this
SORN to include the new IHSC Portal, whereby individuals discharged
from ICE facilities (either released from custody or removed from the
United States) can log in and get a copy of their electronic medical
record. As a result, a new category of records is being maintained in
this system of records to support login capability for the Portal.
Records covered by this system of records is maintained by the
IHSC, a division within ICE's Office of Enforcement and Removal
Operations (ERO). (Note: IHSC was previously known as the Division of
Immigration Health Services (DIHS).) This system of records covers
medical, mental health, and dental records that document the medical
screening, examination, diagnosis, and treatment of aliens whom ICE
detains for civil immigration purposes in facilities where IHSC
provides or oversees the provision of medical care. It also covers
information about prisoners of the U.S. Marshals Service (USMS) who are
housed in a detention facility operated by or on behalf of ICE pursuant
to agreements with the USMS, and where IHSC provides or oversees the
provision of medical care. IHSC provides necessary and appropriate
medical, mental health, and dental care to ICE detainees. IHSC medical
staff may also procure consultation, diagnostic, treatment, or
procedural services that IHSC deems necessary and appropriate from
external health care providers in facilities outside of IHSC. Medical
information is typically shared with other health care providers to
ensure a detainee's continuity of care. Information about individuals
with infectious diseases of public health significance may be shared
with public health officials in order to prevent exposure to or
transmission of the disease.
New routine uses, EE. and FF., have been added to allow ICE to
share information covered by this SORN to third-parties for processing
payments and for redress, respectively. Routine use GG., previously
routine use EE., has been updated to simplify the formatting and text
of the previously published notice.
In addition, a new category of records has been added in support of
the newly-developed Portal. The Portal permits individuals discharged
from ICE custody to access a copy of their electronic medical record
for a period of up to 12 months after they are discharged. Logging into
the Portal requires former ICE detainees to enter a unique username and
password that ICE provides to the alien upon discharge from the
detention facility. The login credentials have been added in the
``Categories of Records'' section below.
Finally, IHSC is not subject to the provisions of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
regulation, ``Standards for Privacy of Individually Identifiable Health
Information'' (Privacy Rule), within 45 CFR parts 160 and 164. IHSC
does not meet the statutory definition of a covered plan under HIPAA,
42 U.S.C. 1320d(5), and is specifically excluded from the application
of HIPAA as a ``government funded program . . . [w]hose principal
activity is [t]he direct provision of healthcare to persons,'' 45 CFR
160.103 (definition of a health plan). Because IHSC is not a covered
entity, the restrictions prescribed by the HIPAA Privacy Rule are not
applicable.
Consistent with DHS's information sharing mission, information
covered by the DHS/ICE-013 Alien Health Records system SORN may be
shared with other DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS/ICE may share information with appropriate federal,
state, local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this SORN.
This modified system will be included in DHS's inventory of record
systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The

[[Page 12017]]

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, and similarly, the Judicial Redress
Act (JRA) provides covered persons with a statutory right to make
requests for access and amendment to covered records, as defined by the
JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
Below is the description of the DHS/ICE-013 Alien Health Records
System SORN. In accordance with 5 U.S.C. 552a(r), DHS has provided a
report of this system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)-013 Alien Health Records System.

SECURITY CLASSIFICATION:
Unclassified, For Official Use Only.

SYSTEM LOCATION:
Records are maintained in the ICE electronic health records (eHR)
system and at detention facilities where care is provided by the ERO
IHSC. IHSC provides care to aliens in all Service Processing Centers,
which are ICE-operated facilities; at most contract detention
facilities, which are owned and operated by a private company with
which ICE contracts for detention services; and in some
Intergovernmental Service Agreement (IGSA) facilities. IGSAs are
facilities operated by a city, county, or state government, and ICE
contracts with them for detention services, leases bed space, or both
from them. Records are also maintained at ICE Headquarters in
Washington, DC, and at ICE ERO field offices.

SYSTEM MANAGER(S):
Assistant Director, ICE Health Service Corps, Enforcement and
Removal Operations, U.S. Immigration and Customs Enforcement, 500 12th
Street SW, Washington, DC 20536.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. 1103, 1222, and 1231; and 42
U.S.C. 249.

PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to document and facilitate the
provision of medical, dental, and mental health care to individuals in
ICE custody in facilities where care is provided by IHSC. The system
also supports the collection, maintenance, and sharing of medical
information for these individuals in the interest of public health,
especially in the event of a public health emergency, such as an
epidemic or pandemic. Finally, this system facilitates continuity of
care after individuals are discharged from ICE facilities by providing
individuals with direct access to their records and disclosing records
to other parties (e.g., medical providers), as appropriate.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Two categories of individuals are covered by this system. The first
category is aliens detained by ICE for civil immigration purposes.
These aliens have been booked into a detention facility where IHSC
provides or oversees the provision of medical care. The second category
is prisoners in the custody of the U.S. Marshals Service (USMS) who are
being detained in facilities operated by or on behalf of ICE pursuant
to agreements made with the USMS and who also receive medical care from
IHSC. Hereafter, the term ``in ICE custody'' will be used to refer to
both the aliens detained by ICE who receive medical care from IHSC, and
the USMS prisoners being housed in IHSC-staffed detention facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
Individual's name and aliases;
Date of birth;
Alien Registration Number (A-Number);
USMS or Federal Bureau of Prisons Registration Number (if
applicable);
Phone numbers;
Email addresses;
Addresses;
Country of Origin and Country of Citizenship;
Nationality;
Gender/Sex;
Languages spoken;
Medical history (self and family to establish medical
history);
Current medical conditions and diagnoses;
Symptoms reported, including dates;
Medical examination records and medical notes;
Medical and mental health records and treatment plans;
Dental history and records, including x-rays, treatment,
and procedure records;
Diagnostic data, such as tests ordered and test results;
Problem list, which contains the diagnoses and medical
symptoms or problems as determined by a medical practitioner or
reported by the person;
Records concerning the diagnosis and treatment of diseases
or conditions that present a public health threat, including
information about exposure of other individuals and reports to public
health authorities;
Correspondence related to an individual's medical, dental,
and mental health care;
External healthcare provider records (emergency room,
hospitalizations, specialized care, records of previous medical care or
testing) including medical or healthcare records received from other
correctional systems or ICE detention facilities not staffed by IHSC;
Payment authorizations for care provided by external
healthcare providers and healthcare facilities;
Evaluation records, including records related to mental
competency evaluations;
Prescription and over-the-counter drug records;
Records related to medical grievances filed by individuals
in ICE custody;
Information about medical devices used by individuals such
as hearing aids and pacemakers;
Information about special needs and accommodations for an
individual with disabilities, such as requiring a cane, wheelchair,
special shoes, or needing to sleep on a bottom bunk;
Physician or other medical/dental provider's name and
credentials such as medical doctor, registered nurse, and Doctor of
Dental Science;
Refusal forms;
Informed consent forms;
Legal documents, such as death certificates, do-not-
resuscitate orders, or advance directives (e.g., living wills); and
Login credentials used to access the Portal.

RECORD SOURCE CATEGORIES:
Records are obtained from the individual, immediate family members,
physicians, nurses, dentists, medical laboratories and testing
facilities, hospitals, other medical and dental care providers, other
law enforcement or custodial agencies, other detention facilities, and
public health agencies.

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ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agency conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant or necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity, only when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS determines that information from this system of records is
reasonably necessary and otherwise compatible with the purpose of
collection to assist another federal 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; or
2. DHS suspects or has confirmed that there has been a breach of
this system of records; and (a) DHS has determined that as a result of
the suspected or confirmed breach, there is a risk of harm to
individuals, DHS (including its information systems, programs, and
operations), the Federal Government, or national security; and (b) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with DHS's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To hospitals, physicians, medical laboratories and testing
facilities, and other medical service providers, for the purpose of
diagnosing and treating medical conditions or arranging the care of
individuals in ICE custody and of individuals released or about to be
released from ICE custody including, released under an order of
supervision, on their own recognizance, on bond, on parole, or in
another alternative to detention program.
I. To prospective claimants and their attorneys for the purpose of
negotiating the settlement of an actual or prospective claim against
DHS or its current or former employees, in advance of the initiation of
formal litigation or proceedings.
J. To immediate family members and attorneys or other agents acting
on behalf of an alien to assist those individuals in determining the
current medical condition of an alien in ICE custody, provided they can
present adequate verification of a familial or agency relationship with
the alien.
K. To federal, state, local, tribal, territorial, or foreign
governmental agencies; multilateral governmental organizations; or
other public health entities, for the purpose of protecting the vital
interests of a record subject or other persons, including to assist
such agencies or organizations during an epidemiological investigation,
in facilitating continuity of care, preventing exposure to or
transmission of a communicable or quarantinable disease of public
health significance, or to combat other significant public health
threats.
L. To hospitals, physicians, and other healthcare providers for the
purpose of protecting the health and safety of individuals who may have
been exposed to a contagion or biohazard, or to assist such persons or
organizations in preventing exposure to or transmission of a
communicable disease, a disease that requires quarantine, or to combat
other significant public health threats.
M. To individuals for the purpose of determining if they have had
contact in a custodial setting with a person known or suspected to have
a communicable disease or disease that requires quarantine and to
identify and protect the health and safety of others who may have been
exposed.
N. To the U.S. Marshals Service (USMS) concerning USMS prisoners
who are or who will be held in detention facilities operated by or on
behalf of ICE, and to federal, state, local, tribal, or territorial law
enforcement or correctional agencies concerning an individual in ICE
custody who is to be transferred to such agency's custody, in order to
coordinate the transportation, custody, and care of these individuals.
O. To third parties to facilitate release or placement of an
individual (e.g., at a group home, homeless shelter, with a family
member) whose case is being considered or prepared for release from DHS
custody, or who has been released from DHS custody, but only such
information that is relevant and necessary to arrange housing,
continuing medical care, or other social services for the individual.
P. To a domestic government agency or other appropriate healthcare
authority for the purpose of providing information about an individual
whose case is being considered or prepared for release from DHS custody
or who has been released from DHS custody who, due to a condition such
as mental illness, may pose a health or safety risk to himself/herself
or to the community. DHS will only disclose health information about
the individual that is relevant to the health or safety risk the
individual may pose, or the means to mitigate that risk (e.g., the
alien's need to remain on certain medication for a serious mental
health condition).
Q. To foreign governments for the purpose of coordinating and
conducting

[[Page 12019]]

the removal or return of aliens from the United States to other nations
when disclosure of information about the alien's health is necessary or
advisable to safeguard the public health, to facilitate transportation
of the alien, to obtain travel documents for the alien, to ensure
continuity of medical care for the alien, or is otherwise required by
international agreement or law. Disclosure of medical information may
occur after the alien's removal when it is necessary or advisable to
assist the foreign government with the alien's ongoing medical care.
R. To the Federal Bureau of Prisons and other government agencies
for the purpose of providing health information about an alien when
custody of the alien is being transferred from DHS to the other agency.
This will include the transfer of information about unaccompanied minor
children to the U.S. Department of Health and Human Services (HHS).
S. To state, local, tribal or territorial agencies or other
appropriate authority for the purpose of reporting vital statistics
(e.g., births, deaths).
T. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of a healthcare provider who is licensed or is seeking
to become licensed.
U. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings (including discovery, presentation of evidence,
and settlement negotiations) and when DHS determines that use of such
records is relevant and necessary to the litigation before a court or
adjudicative body when any of the following is a party to or have an
interest in the litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when the government has agreed to represent the employee; or
4. The United States, when DHS determines that litigation is likely
to affect DHS or any of its components.
V. To an attorney or representative (as defined in 8 CFR 1.2,
292.1, 1001.1(f), or 1292.1) who is acting on behalf of an individual
covered by this system of records in connection with any proceeding
before U.S. Citizenship and Immigration Services (USCIS), ICE, or U.S.
Customs and Border Protection (CBP) or the DOJ Executive Office for
Immigration Review.
W. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
X. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime), performance of an autopsy, or identifying cause of
death.
Y. Consistent with the requirements of the Immigration and
Nationality Act, to HHS, the Centers for Disease Control and Prevention
(CDC), or to any state or local health authorities, to ensure that all
health issues potentially affecting public health and safety in the
United States are being, or have been, adequately addressed.
Z. To a former employee of DHS for purposes of responding to an
official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and necessary for personnel-related or other official purposes when DHS
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
AA. To the U.S. Department of State when it requires information to
consider or provide an informed response to a request for information
from a foreign, international, or intergovernmental agency, authority,
or organization about an alien or an enforcement operation with
transnational implications.
BB. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational government agencies
when DHS desires to exchange relevant data for the purpose of
developing, testing, or implementing new software or technology whose
purpose is related to this system of records.
CC. To federal, state, local, tribal, territorial, or foreign
government agencies, medical personnel, or other individuals when DHS
desires to use de-identified data for illustrative or informative
purposes in training, in presentations, or for other similar purposes.
DD. To medical and mental health professionals for the purpose of
assessing an individual's mental competency before the DOJ Executive
Office for Immigration Review.
EE. To third parties for the purpose of processing payment when
external healthcare providers render medical services to individuals in
ICE custody on behalf of ICE.
FF. To federal, state, local, tribal, territorial, international,
or foreign government agencies or entities for the purpose of
consulting with that agency or entity:
1. To assist in making a determination regarding redress for an
individual in connection with the operations of a DHS component or
program;
2. To verify the identity of an individual seeking redress in
connection with the operations of a DHS component or program; or
3. To verify the accuracy of information submitted by an individual
who has requested such redress on behalf of another individual.
GG. To the news media and the public, with the approval of the
Chief Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/ICE stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, digital media, and CD-ROM.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, Alien Registration Number (A-
Number), Subject ID, or USMS/Federal Bureau of Prisons Registration
Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
NARA has approved ICE records schedules that outline the retention
periods for detainee medical records. Consistent with the DAA-567-2015-
002 and N1-567-08-001 records schedules:
(1) Medical records for an adult will be retained for ten (10)
years after an individual has been released from ICE custody, and then
shall be destroyed;
(2) Medical records about a minor will be retained until the minor
has reached the age of twenty-seven (27) years in order to comply with
state laws regarding the retention of medical

[[Page 12020]]

records related to minors, and then shall be destroyed;
(3) Annual data on detainees who have died in ICE custody that has
been transferred to the Bureau of Justice Statistics (BJS) and annual
reports regarding infectious diseases will be retained for ten (10)
years, and then destroyed;
(4) Various statistical reports will be retained permanently by
NARA; and
(5) Monthly and annual statistical reports, including those
regarding workload operations, will be destroyed when no longer needed
for business purposes.
ICE is currently in the process of developing a records retention
schedule with NARA for the various records covered by this SORN that
consolidates DAA-567-2015-002 and N1-567-08-001.

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

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

CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records, see
``Record Access Procedures'' above. Individuals who wish to contest the
accuracy of records in this system of records should submit these
requests to the ICE Office of Information Governance and Privacy--
Privacy Division. Requests must comply with verification of identity
requirements set forth in Department of Homeland Security Privacy Act
regulations at 6 CFR 5.21(d). Please specify the nature of the
complaint and provide any supporting documentation. By mail (please
note substantial delivery delays exist): ICE Office of Information
Governance and Privacy--Privacy Division, 500 12th Street SW, Mail Stop
5004, Washington, DC 20536. By email: ICEPrivacy@ice.dhs.gov. Please
contact the Privacy Division with any questions about submitting a
request or complaint at 202-732-3300 or ICEPrivacy@ice.dhs.gov.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
80 FR 239 (Jan. 5, 2015); 74 FR 57688 (Nov. 9, 2009).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-05542 Filed 3-16-18; 8:45 am]
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices 12015

Dated: March 13, 2018. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, Two
David Clary, HUMAN SERVICES Democracy Plaza, 6707 Democracy
Boulevard, Bethesda, MD 20892 (Telephone
Program Analyst, Office of Federal Advisory Conference Call).
Committee Policy. National Institutes of Health
Contact Person: Thomas A. Tatham, Ph.D.,
[FR Doc. 2018–05458 Filed 3–16–18; 8:45 am]
National Institute of Diabetes and Scientific Review Officer, Review Branch,
DEA, NIDDK, National Institutes of Health,
BILLING CODE 4140–01–P Digestive and Kidney Diseases; Notice
Room 7021, 6707 Democracy Boulevard
of Closed Meetings Bethesda, MD 20892–5452, (301) 594–3993,
Pursuant to section 10(d) of the tathamt@mail.nih.gov.
DEPARTMENT OF HEALTH AND
Federal Advisory Committee Act, as Name of Committee: National Institute of
HUMAN SERVICES
amended, notice is hereby given of the Diabetes and Digestive and Kidney Diseases
following meetings. Special Emphasis Panel; PAR–17–123:
National Institutes of Health Biomarkers for Diabetes and Digestive and
The meetings will be closed to the
Kidney and Urologic Diseases Using
National Institute of Neurological public in accordance with the Biorepository Samples (R01).
Disorders and Stroke; Notice of provisions set forth in sections Date: May 7, 2018.
Meetings 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 12:00 p.m. to 2:30 p.m.
as amended. The grant applications and Agenda: To review and evaluate grant
Pursuant to section 10(d) of the the discussions could disclose applications.
Federal Advisory Committee Act, as confidential trade secrets or commercial Place: National Institutes of Health, Two
property such as patentable material, Democracy Plaza, 6707 Democracy
amended, notice is hereby given of the Boulevard, Bethesda, MD 20892 (Telephone
following meeting. and personal information concerning
individuals associated with the grant Conference Call).
The meeting will be closed to the Contact Person: Najma S. Begum, Ph.D.,
applications, the disclosure of which Scientific Review Officer, Review Branch,
public in accordance with the would constitute a clearly unwarranted DEA, NIDDK, National Institutes of Health,
provisions set forth in sections invasion of personal privacy. Room 7349, 6707 Democracy Boulevard,
552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892–5452, (301) 594–8894,
Name of Committee: National Institute of
as amended. The contract proposals and Diabetes and Digestive and Kidney Diseases begumn@niddk.nih.gov.
the discussions could disclose Special Emphasis Panel; Pediatric Name of Committee: National Institute of
confidential trade secrets or commercial Applications. Diabetes and Digestive and Kidney Diseases
property such as patentable material, Date: March 29, 2018. Special Emphasis Panel; PAR–18–012:
and personal information concerning Time: 12:00 p.m. to 1:00 p.m. NIDDK Program Projects (P01) in Kidney
Agenda: To review and evaluate grant Diseases.
individuals associated with the contract applications. Date: May 9, 2018.
proposals, the disclosure of which Place: National Institutes of Health, Two Time: 11:00 a.m. to 3:00 p.m.
would constitute a clearly unwarranted Democracy Plaza, 6707 Democracy Agenda: To review and evaluate grant
invasion of personal privacy. Boulevard, Bethesda, MD 20892 (Telephone applications.
Conference Call). Place: National Institutes of Health, Two
Name of Committee: National Institute of Contact Person: Ryan G. Morris, Ph.D., Democracy Plaza, 6707 Democracy
Neurological Disorders and Stroke, Special Scientific Review Officer, Review Branch, Boulevard, Bethesda, MD 20892 (Telephone
Emphasis Panel; NINDS Loan Repayment DEA, NIDDK, National Institutes of Health, Conference Call).
Program Review 2018. Room 7015, 6707 Democracy Boulevard, Contact Person: Najma S. Begum, Ph.D.,
Date: April 27, 2018. Bethesda, MD 20892–2542, 301–594–4721, Scientific Review Officer, Review Branch,
Time: 9:00 a.m. to 5:00 p.m. ryan.morris@nih.gov. DEA, NIDDK, National Institutes of Health,
Agenda: To review and evaluate contract This notice is being published less than 15 Room 7349, 6707 Democracy Boulevard,
proposals. days prior to the meeting due to the timing Bethesda, MD 20892–5452, (301) 594–8894,
Place: National Institutes of Health, limitations imposed by the review and begumn@niddk.nih.gov.
Neuroscience Center, 6001 Executive funding cycle.
(Catalogue of Federal Domestic Assistance
Boulevard, Rockville, MD 20852 (Virtual Name of Committee: National Institute of Program Nos. 93.847, Diabetes,
Meeting). Diabetes and Digestive and Kidney Diseases Endocrinology and Metabolic Research;
Special Emphasis Panel; Pilot Clinical 93.848, Digestive Diseases and Nutrition
Contact Person: Ernest Lyons, Ph.D., Nephrology Applications.
Scientific Review Officer, Scientific Review Research; 93.849, Kidney Diseases, Urology
Date: April 6, 2018. and Hematology Research, National Institutes
Branch, NINDS/NIH/DHHS, Neuroscience Time: 2:00 p.m. to 3:00 p.m. of Health, HHS)
Center, 6001 Executive Blvd., Suite 3204, Agenda: To review and evaluate grant
MSC 9529, Bethesda, MD 20892–9529, 301 applications. Dated: March 13, 2018.
496–4056, lyonse@ninds.nih.gov. Place: National Institutes of Health, Two David Clary,
Democracy Plaza, 6707 Democracy Program Analyst, Office of Federal Advisory
(Catalogue of Federal Domestic Assistance
Boulevard, Bethesda, MD 20892 (Telephone Committee Policy.
Program Nos. 93.853, Clinical Research Conference Call).
Related to Neurological Disorders; 93.854, Contact Person: Ryan G. Morris, Ph.D., [FR Doc. 2018–05459 Filed 3–16–18; 8:45 am]
Biological Basis Research in the Scientific Review Officer, Review Branch, BILLING CODE 4140–01–P
Neurosciences, National Institutes of Health, DEA, NIDDK, National Institutes of Health,
HHS) Room 7015, 6707 Democracy Boulevard,
Bethesda, MD 20892–2542, 301–594–4721, DEPARTMENT OF HOMELAND
Dated: March 12, 2018. ryan.morris@nih.gov.
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Sylvia L. Neal, SECURITY
Name of Committee: National Institute of
Program Analyst, Office of Federal Advisory Diabetes and Digestive and Kidney Diseases [Docket No. DHS–2017–0071]
Committee Policy. Special Emphasis Panel; SBIR Phase II
[FR Doc. 2018–05460 Filed 3–16–18; 8:45 am] Exploratory Clinical Trials. Privacy Act of 1974; System of
Date: April 9, 2018. Records
BILLING CODE 4140–01–P Time: 11:00 a.m. to 2:00 p.m.
Agenda: To review and evaluate grant AGENCY:Privacy Office, Department of
applications. Homeland Security.

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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices 12017

Privacy Act applies to information that PURPOSE(S) OF THE SYSTEM: • Dental history and records,
is maintained in a ‘‘system of records.’’ The purpose of this system is to including x-rays, treatment, and
A ‘‘system of records’’ is a group of any document and facilitate the provision of procedure records;
records under the control of an agency medical, dental, and mental health care • Diagnostic data, such as tests
from which information is retrieved by to individuals in ICE custody in ordered and test results;
the name of an individual or by some facilities where care is provided by • Problem list, which contains the
identifying number, symbol, or other IHSC. The system also supports the diagnoses and medical symptoms or
identifying particular assigned to the collection, maintenance, and sharing of problems as determined by a medical
individual. In the Privacy Act, an medical information for these practitioner or reported by the person;
individual is defined to encompass U.S. individuals in the interest of public • Records concerning the diagnosis
citizens and lawful permanent health, especially in the event of a and treatment of diseases or conditions
residents. Additionally, and similarly, public health emergency, such as an that present a public health threat,
the Judicial Redress Act (JRA) provides epidemic or pandemic. Finally, this including information about exposure of
covered persons with a statutory right to system facilitates continuity of care after other individuals and reports to public
make requests for access and individuals are discharged from ICE health authorities;
amendment to covered records, as facilities by providing individuals with • Correspondence related to an
defined by the JRA, along with judicial direct access to their records and individual’s medical, dental, and mental
review for denials of such requests. In disclosing records to other parties (e.g., health care;
addition, the JRA prohibits disclosures medical providers), as appropriate.
of covered records, except as otherwise • External healthcare provider
permitted by the Privacy Act. CATEGORIES OF INDIVIDUALS COVERED BY THE records (emergency room,
Below is the description of the DHS/ SYSTEM: hospitalizations, specialized care,
ICE–013 Alien Health Records System Two categories of individuals are records of previous medical care or
SORN. In accordance with 5 U.S.C. covered by this system. The first testing) including medical or healthcare
552a(r), DHS has provided a report of category is aliens detained by ICE for records received from other correctional
this system of records to the Office of civil immigration purposes. These systems or ICE detention facilities not
Management and Budget and to aliens have been booked into a staffed by IHSC;
Congress. detention facility where IHSC provides • Payment authorizations for care
or oversees the provision of medical provided by external healthcare
SYSTEM NAME AND NUMBER providers and healthcare facilities;
care. The second category is prisoners in
Department of Homeland Security the custody of the U.S. Marshals Service • Evaluation records, including
(DHS)/U.S. Immigration and Customs (USMS) who are being detained in records related to mental competency
Enforcement (ICE)–013 Alien Health facilities operated by or on behalf of ICE evaluations;
Records System. pursuant to agreements made with the • Prescription and over-the-counter
USMS and who also receive medical drug records;
SECURITY CLASSIFICATION:
care from IHSC. Hereafter, the term ‘‘in • Records related to medical
Unclassified, For Official Use Only. grievances filed by individuals in ICE
ICE custody’’ will be used to refer to
SYSTEM LOCATION: both the aliens detained by ICE who custody;
Records are maintained in the ICE receive medical care from IHSC, and the • Information about medical devices
electronic health records (eHR) system USMS prisoners being housed in IHSC- used by individuals such as hearing aids
and at detention facilities where care is staffed detention facilities. and pacemakers;
provided by the ERO IHSC. IHSC CATEGORIES OF RECORDS IN THE SYSTEM:
• Information about special needs
provides care to aliens in all Service and accommodations for an individual
Processing Centers, which are ICE- Categories of records in this system with disabilities, such as requiring a
operated facilities; at most contract include: cane, wheelchair, special shoes, or
detention facilities, which are owned • Individual’s name and aliases; needing to sleep on a bottom bunk;
• Date of birth;
and operated by a private company with • Physician or other medical/dental
• Alien Registration Number (A-
which ICE contracts for detention provider’s name and credentials such as
Number);
services; and in some Intergovernmental medical doctor, registered nurse, and
• USMS or Federal Bureau of Prisons
Service Agreement (IGSA) facilities. Doctor of Dental Science;
Registration Number (if applicable);
IGSAs are facilities operated by a city,
• Phone numbers; • Refusal forms;
county, or state government, and ICE
• Email addresses; • Informed consent forms;
contracts with them for detention • Addresses; • Legal documents, such as death
services, leases bed space, or both from • Country of Origin and Country of certificates, do-not-resuscitate orders, or
them. Records are also maintained at Citizenship; advance directives (e.g., living wills);
ICE Headquarters in Washington, DC, • Nationality; and
and at ICE ERO field offices. • Gender/Sex; • Login credentials used to access the
SYSTEM MANAGER(S): • Languages spoken; Portal.
Assistant Director, ICE Health Service • Medical history (self and family to
establish medical history); RECORD SOURCE CATEGORIES:
Corps, Enforcement and Removal
• Current medical conditions and Records are obtained from the
sradovich on DSK3GMQ082PROD with NOTICES

Operations, U.S. Immigration and
Customs Enforcement, 500 12th Street diagnoses; individual, immediate family members,
SW, Washington, DC 20536. • Symptoms reported, including physicians, nurses, dentists, medical
dates; laboratories and testing facilities,
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: • Medical examination records and hospitals, other medical and dental care
5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. medical notes; providers, other law enforcement or
1103, 1222, and 1231; and 42 U.S.C. • Medical and mental health records custodial agencies, other detention
249. and treatment plans; facilities, and public health agencies.

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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices 12019

the removal or return of aliens from the (CBP) or the DOJ Executive Office for services to individuals in ICE custody
United States to other nations when Immigration Review. on behalf of ICE.
disclosure of information about the W. To international, foreign, FF. To federal, state, local, tribal,
alien’s health is necessary or advisable intergovernmental, and multinational territorial, international, or foreign
to safeguard the public health, to government agencies, authorities, and government agencies or entities for the
facilitate transportation of the alien, to organizations in accordance with law purpose of consulting with that agency
obtain travel documents for the alien, to and formal or informal international or entity:
ensure continuity of medical care for the arrangements. 1. To assist in making a determination
alien, or is otherwise required by X. To a coroner for purposes of regarding redress for an individual in
international agreement or law. affirmatively identifying a deceased connection with the operations of a DHS
Disclosure of medical information may individual (whether or not such component or program;
occur after the alien’s removal when it individual is deceased as a result of a 2. To verify the identity of an
is necessary or advisable to assist the crime), performance of an autopsy, or individual seeking redress in
foreign government with the alien’s identifying cause of death. connection with the operations of a DHS
ongoing medical care. Y. Consistent with the requirements component or program; or
R. To the Federal Bureau of Prisons of the Immigration and Nationality Act, 3. To verify the accuracy of
and other government agencies for the to HHS, the Centers for Disease Control information submitted by an individual
purpose of providing health information and Prevention (CDC), or to any state or who has requested such redress on
about an alien when custody of the alien local health authorities, to ensure that behalf of another individual.
is being transferred from DHS to the all health issues potentially affecting GG. To the news media and the
other agency. This will include the public health and safety in the United public, with the approval of the Chief
transfer of information about States are being, or have been, Privacy Officer in consultation with
unaccompanied minor children to the adequately addressed. counsel, when there exists a legitimate
U.S. Department of Health and Human Z. To a former employee of DHS for public interest in the disclosure of the
Services (HHS). purposes of responding to an official information, when disclosure is
S. To state, local, tribal or territorial inquiry by federal, state, local, tribal, or necessary to preserve confidence in the
agencies or other appropriate authority territorial government agencies or integrity of DHS, or when disclosure is
for the purpose of reporting vital professional licensing authorities; or necessary to demonstrate the
statistics (e.g., births, deaths). facilitating communications with a accountability of DHS’s officers,
T. To a public or professional former employee that may be relevant employees, or individuals covered by
licensing organization when such and necessary for personnel-related or the system, except to the extent the
information indicates, either by itself or other official purposes when DHS Chief Privacy Officer determines that
in combination with other information, requires information or consultation release of the specific information in the
a violation or potential violation of assistance from the former employee context of a particular case would
professional standards, or reflects on the regarding a matter within that person’s constitute a clearly unwarranted
moral, educational, or professional former area of responsibility. invasion of personal privacy.
qualifications of a healthcare provider AA. To the U.S. Department of State
when it requires information to consider POLICIES AND PRACTICES FOR STORAGE OF
who is licensed or is seeking to become RECORDS:
licensed. or provide an informed response to a
U. To courts, magistrates, request for information from a foreign, DHS/ICE stores records in this system
administrative tribunals, opposing international, or intergovernmental electronically or on paper in secure
counsel, parties, and witnesses, in the agency, authority, or organization about facilities in a locked drawer behind a
course of immigration, civil, or criminal an alien or an enforcement operation locked door. The records may be stored
proceedings (including discovery, with transnational implications. on magnetic disc, tape, digital media,
presentation of evidence, and settlement BB. To federal, state, local, tribal, and CD–ROM.
negotiations) and when DHS determines territorial, or foreign government POLICIES AND PRACTICES FOR RETRIEVAL OF
that use of such records is relevant and agencies or entities or multinational RECORDS:
necessary to the litigation before a court government agencies when DHS desires Records may be retrieved by name,
or adjudicative body when any of the to exchange relevant data for the Alien Registration Number (A-Number),
following is a party to or have an purpose of developing, testing, or Subject ID, or USMS/Federal Bureau of
interest in the litigation: implementing new software or Prisons Registration Number.
1. DHS or any component thereof; technology whose purpose is related to
2. Any employee or former employee this system of records. POLICIES AND PRACTICES FOR RETENTION AND
of DHS in his/her official capacity; CC. To federal, state, local, tribal, DISPOSAL OF RECORDS:
3. Any employee or former employee territorial, or foreign government NARA has approved ICE records
of DHS in his/her individual capacity agencies, medical personnel, or other schedules that outline the retention
when the government has agreed to individuals when DHS desires to use periods for detainee medical records.
represent the employee; or de-identified data for illustrative or Consistent with the DAA–567–2015–
4. The United States, when DHS informative purposes in training, in 002 and N1–567–08–001 records
determines that litigation is likely to presentations, or for other similar schedules:
affect DHS or any of its components. purposes. (1) Medical records for an adult will
V. To an attorney or representative (as
sradovich on DSK3GMQ082PROD with NOTICES

DD. To medical and mental health be retained for ten (10) years after an
defined in 8 CFR 1.2, 292.1, 1001.1(f), professionals for the purpose of individual has been released from ICE
or 1292.1) who is acting on behalf of an assessing an individual’s mental custody, and then shall be destroyed;
individual covered by this system of competency before the DOJ Executive (2) Medical records about a minor will
records in connection with any Office for Immigration Review. be retained until the minor has reached
proceeding before U.S. Citizenship and EE. To third parties for the purpose of the age of twenty-seven (27) years in
Immigration Services (USCIS), ICE, or processing payment when external order to comply with state laws
U.S. Customs and Border Protection healthcare providers render medical regarding the retention of medical

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Document Created: 2018-03-17 04:25:10
Document Modified: 2018-03-17 04:25:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of modified privacy act system of records.
Dates		Submit comments on or before April 18, 2018. This modified system will be effective upon publication. New or modified routine uses are effective April 18, 2018.
Contact		For general questions, please contact: Amber Smith, [email protected], (202) 732-3300, Privacy Officer, U.S. Immigration and Customs Enforcement, Washington, DC, 20536-5600. For privacy questions, please contact: Philip S. Kaplan, [email protected], (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.
FR Citation		83 FR 12015