Privacy Act of 1974; System of Records Notice, 46682-46693 [2016-16812]
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46682
Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
Participation of respondents is
voluntary.
There is no cost to participants other
than their time. The total estimated
annual burden is 8,000 hours.
Form name
General public and health care providers.
Average hours
per response
Total response
burden
(hrs.)
4,000
2,000
2,000
2,000
2,000
1
1
1
1
1
10/60
10/60
1
2
30/60
667
333
2,000
4,000
1,000
........................
........................
........................
8,000
Screener ..........................................
Consent Forms ................................
Interview ...........................................
Focus group interview .....................
Survey ..............................................
Total ...........................................
..........................................................
Jeffrey M. Zirger,
Acting Chief, Information Collection Review
Office, Office of Scientific Integrity, Office
of the Associate Director for Science, Office
of the Director, Centers for Disease Control
and Prevention.
[FR Doc. 2016–16873 Filed 7–15–16; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Privacy Act of 1974; System of
Records Notice
Department of Health and
Human Services (HHS), Administration
for Children and Families (ACF), Office
of Refugee Resettlement (ORR).
ACTION: Notice to establish five new and
delete one Privacy Act systems of
records.
AGENCY:
In accordance with the
requirements of the Privacy Act of 1974,
as amended (5 U.S.C. 552a), the Office
of Refugee Resettlement (ORR) within
HHS’ Administration for Children and
Families (ACF) is establishing five new
systems of records: 09–80–0321 ORR
Division of Children’s Services Records;
09–80–0325 ORR Internet Refugee
Arrivals Data System (iRADS); 09–80–
0327 ORR Repatriation Program
Records; 09–80–0329 ORR
Unaccompanied Refugee Minors
Records; and 09–80–0388 ORR Refugee
Suicide Database. ORR is deleting one
system of records, 09–60–0217 ORR
Cuban Refugee Data System, which is
being replaced by the new iRADS
system of records.
Four of the five new systems of
records are ‘‘mixed,’’ in that they
contain records pertaining to both U.S.
persons (i.e., individuals who are
citizens of the United States or aliens
lawfully admitted for permanent
residence in the United States) and nonU.S. persons.
SUMMARY:
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The Privacy Act applies only to U.S.
persons (citizens of the United States or
aliens lawfully admitted for permanent
residence in the United States). As a
matter of discretion, ORR will treat
information that it maintains in its
mixed systems of records as being
subject to the provisions of the Privacy
Act, regardless of whether the
information relates to U.S. persons
covered by the Privacy Act.
This policy implements a 1975 Office
of Management and Budget (OMB)
recommendation to apply, as a matter of
policy, the administrative provisions of
the Privacy Act to records about nonU.S. persons in mixed systems of
records (referred to as the non-U.S.
persons policy).
DATES: This Notice will become
effective 30 days after publication,
unless the Office of Refugee
Resettlement makes changes based on
comments received. Written comments
should be submitted on or before the
effective date.
ADDRESSES: The public should address
written comments to Gary Cochran,
Senior Agency Officer for Privacy, by
mail at Administration for Children and
Families, Mary E. Switzer Building, 330
C Street SW., Washington, DC 20201, or
by email at gary.cochran@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
Questions should be directed to the
contact person for the system in
question:
1. 09–80–0321 ORR Division of
Children’s Services Records
Jallyn Sualog, Administration for
Children and Families, ORR, Mary
E. Switzer Building, 330 C Street
SW., Washington, DC 20201; Email:
Jallyn.Sualog@acf.hhs.gov.
2. 09–80–0325 ORR Internet Refugee
Arrivals Data System (iRADS)
Joann Simmons, Administration for
Children and Families, ORR, Mary
E. Switzer Building, 330 C Street
SW., Washington, DC 20201; Email:
joann.simmons@acf.hhs.gov.
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3. 09–80–0327 ORR Repatriation
Program Records
Elizabeth Russell, Administration for
Children and Families, ORR, Mary
E. Switzer Building, 330 C Street
SW., Washington, DC 20201; Email:
Elizabeth.russell@acf.hhs.gov.
4. 09–80–0329 ORR Unaccompanied
Refugee Minors Records
Jallyn Sualog, Administration for
Children and Families, ORR, Mary
E. Switzer Building, 330 C Street
SW., Washington, DC 20201; Email:
Jallyn.Sualog@acf.hhs.gov
5. 09–80–0388 ORR Refugee Suicide
Database
Dr. Curi Kim, Administration for
Children and Families, ORR, Mary
E. Switzer Building, 330 C Street
SW., Washington, DC 20201; Email:
curi.kim@acf.hhs.gov.
SUPPLEMENTARY INFORMATION
I. Background on Five New Systems of
Records
The five new systems of records
established in this Notice are
maintained by the Office of Refugee
Resettlement (ORR) within HHS’
Administration for Children and
Families (ACF); ORR plans, develops,
and directs the implementation of a
domestic resettlement assistance
program for refugees and other eligible
populations. ORR provides resources to
assist these populations with successful
integration into American society.
ORR’s social services help refugees
become self-sufficient as quickly as
possible after their arrival in the United
States. ORR also provides guidance,
resources, and oversight for specific
health challenges including medical
assistance, initial health screenings, and
consultations. ORR also oversees the
Unaccompanied Children Program,
providing care for unaccompanied
children without lawful immigration
status, and the U.S. Repatriation
Program, providing loans to eligible
repatriates referred from the U.S.
Department of State.
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46683
One of the five new systems of
records, 09–80–0327 ORR Repatriation
Program Records, contains information
about U.S. persons only (i.e., U.S.
citizens and their dependents receiving
temporary assistance who have been
identified as having returned to the U.S.
or been brought from a foreign country
to the U.S. because of destitution,
illness, war, threat of war, or a similar
crisis). The remaining four systems of
records are ‘‘mixed,’’ in that they
contain, or could contain, records
pertaining to both U.S. persons and nonU.S. persons. The System of Records
Notices (SORNs) published in this
Notice for the four mixed systems
include a statement to this effect, in the
‘‘Categories of Individuals’’ section:
information about individuals in the
system, the routine uses for which the
agency discloses such information
outside the agency, and how individual
record subjects can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them).
As required by the Privacy Act (5
U.S.C. 552a(r)), HHS has sent a report of
this new system of records to the
Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Oversight and
Government Reform of the House of
Representatives, and the Office of
Information and Regulatory Affairs of
the Office of Management and Budget
(OMB).
The Privacy Act applies only to U.S.
persons (citizens of the United States or
aliens lawfully admitted for permanent
residence in the United States). As a
matter of discretion, ORR will treat
information that it maintains in its
mixed systems of records as being
subject to the provisions of the Privacy
Act, regardless of whether or not the
information relates to U.S. persons
covered by the Privacy Act. This
implements a 1975 Office of
Management and Budget (OMB)
recommendation to apply, as a matter of
policy, the administrative provisions of
the Privacy Act to records about nonU.S. persons in mixed systems of
records (referred to as the non-U.S.
persons policy).
The Privacy Act applies only to U.S.
persons (citizens of the United States or
aliens lawfully admitted for permanent
residence in the United States). As a matter
of discretion, ORR will treat information that
it maintains in its mixed systems of records
as being subject to the provisions of the
Privacy Act, regardless of whether or not the
information relates to U.S. persons covered
by the Privacy Act.
Dated: July 11, 2016.
Robert Carey,
Director, Office of Refugee Resettlement.
CATEGORIES OF RECORDS IN THE SYSTEM:
This statement implements a 1975
Office of Management and Budget
(OMB) recommendation to apply, as a
matter of discretion, the administrative
provisions of the Privacy Act to records
about non-U.S. persons in mixed
systems of records (referred to as the
non-U.S. persons policy).
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II. Deletion of One Existing System of
Records
The existing system of records that is
being deleted, 09–60–0217 ORR Cuban
Refugee Data System, covered only
records pertaining to Cuban refugees.
That system has been subsumed into a
broader system of records, 09–80–0325
ORR Internet Refugee Arrivals Data
System (iRADS), covering refugees from
all countries and other individuals
eligible for ORR-funded benefits and
services.
III. The Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the U.S.
Government collects, maintains, and
uses information about individuals in a
system of records. A ‘‘system of
records’’ is a group of any records under
the control of a federal agency from
which information about an individual
is retrieved by the individual’s name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a system of records
notice (SORN) identifying and
describing each system of records the
agency maintains, including the
purposes for which the agency uses
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The following system of records is
hereby deleted:
• 09–60–0217 Cuban Refugee Data
System.
System of Records Notices (SORNs)
are published below for five new
systems of records:
System Number:
09–80–0321.
SYSTEM NAME:
ORR Division of Children’s Services
Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Division of Children’s Services (DCS),
Office of Refugee Resettlement (ORR),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS), Mary E.
Switzer Building, 330 C Street
Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Unaccompanied children under
ORR’s care, unaccompanied children
who receive an adjustment of status or
become U.S. citizens, children of
unaccompanied children, potential
sponsors of the unaccompanied
children, and members of potential
sponsor’s household, including both
U.S. and non-U.S. citizens.
Unaccompanied children (UC) are
children who have no lawful
immigration status in the United States;
have not attained 18 years of age; and
with respect to whom (i) there is no
parent or legal guardian in the United
States; or (ii) no parent or legal guardian
in the United States is available to
provide care and physical custody.
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Records consist of computerized
indexing system data and case files:
• The computerized indexing system
contains personal identification data,
such as Alien Registration Number,
Fingerprint Identification Number
(‘‘FINS’’ number), and Social Security
Number (SSN); date and place of birth;
date and port of entry; apprehension
date and location; manner of entry;
apprehension field office; individual(s)
apprehended with the unaccompanied
child; attorney of record; juvenile/
criminal history records; case
disposition; significant incident reports;
sponsor’s biographical, financial and
immigration status information;
sponsor’s household members’
biographical information; and personal
identification data of an unaccompanied
child’s potential sponsor, including the
sponsor’s biographical information (e.g.,
name, date of birth, place of birth),
financial information, immigration
status information, household members’
biographical information, SSN, phone
number, address, criminal background
and case disposition, and results of
child abuse and neglect checks.
• The case file contains information
that is pertinent to the care and
placement of unaccompanied children,
including biographical information on
each unaccompanied child, such as
birth and marriage certificates; various
ORR forms and supporting documents
(and attachments, e.g. photographs);
incident reports; medical and dental
records; mental health evaluations; case
notes and records; clinical notes and
records; immigration forms and
notifications; attorney of record and
legal papers; home studies and/or postrelease service records on a sponsor of
an unaccompanied child; family
reunification information including the
sponsors’ individual and financial data;
case disposition; correspondence; and
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SSN; and juvenile/criminal history
records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 279; 8 U.S.C. 1232.
PURPOSE(S):
Records are used within HHS/ACF/
ORR by DCS to provide a safe and
appropriate environment for each
unaccompanied child placed into ORR
custody through his/her release to a
family member or sponsor in the U.S.,
until he/she is removed to his/her home
country by DHS immigration officials,
until the child turns 18 years of age, or
until the minor receives lawful
immigration status.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release information from this
system of records without the consent of
the data subject. Each proposed
disclosure of information under these
routine uses will be evaluated to ensure
that the disclosure is legally
permissible, including but not limited to
ensuring that the purpose of the
disclosure is compatible with the
purpose for which the information was
collected.
1. Disclosure to an Attorney or
Representative. Information may be
disclosed to an attorney or
representative (as defined in 8 CFR 1.2)
who is acting on behalf of an individual
covered by this system of records in
connection with any proceeding before
the Department of Homeland Security or
the Executive Office for Immigration
Review; an attorney representing an
unaccompanied child in a state court in
a dependency hearing that may
determine or alter the unaccompanied
child’s custody status or placement; or
an attorney representing an
unaccompanied child in a juvenile or
criminal court in relation to criminal
charges.
2. Disclosure for Health and Safety.
Information such as health records
related to communicable diseases or
other illnesses that have the potential to
affect public health and safety may be
disclosed 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.
Private health information not related to
illnesses that affect public health and
safety will remain confidential. This
information may be disclosed for the
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purposes of coordinating medical and
mental health evaluations, services, and
care for unaccompanied alien children
while in ORR care and custody.
Information may be shared with a health
provider to make age determinations for
unaccompanied children.
3. Disclosure to Protection and
Advocacy Organization. Information
may be disclosed to a Protection or
Advocacy organization when access is
authorized and the request is
appropriately made under the
Protection and Advocacy for Individuals
with Mental Illness Act, 42 U.S.C. 10801
et seq. Information may be disclosed to
an HHS-appointed child advocate for
the purpose of effectively advocating for
the best interest of the child. Child
advocates are granted access to this
information under the William
Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
section 235(c)(6), 8 U.S.C. 1232(c)(6).
4. Disclosure to Plaintiffs’ Counsel.
Information may be disclosed to
plaintiffs’ counsel as required under the
settlement agreement in Flores v. Reno,
Case No. CV85–4544–RJK (C.D. Cal.
1996); and Perez-Olano v. Holder, Case
No. CV 5–3604 (C.D. Cal. 2010).
5. Disclosure to Department of
Homeland Security. Information may be
disclosed to the Department of
Homeland Security for the purpose of
adjudicating or deciding immigration
relief, notification of admission/
discharge information and forms, and
reported escapes of an unaccompanied
child from ORR custody; and for
background check purposes to ensure
safe releases.
6. Disclosure for Law Enforcement or
Child Welfare Purpose. Information may
be disclosed to the appropriate federal,
state, local, tribal, or foreign agency
responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the
information is relevant to a violation or
potential violation of civil or criminal
law or regulation within the jurisdiction
of the receiving entity; and for
background check purposes to ensure
safe releases. Information may be shared
with certain state and local agencies that
provide child welfare services such as
state licensing agencies, Child
Protective Services, and education
agencies such as state, county, or
municipal schools for the purpose of
protecting an unaccompanied child’s
health and welfare and background
check purposes to ensure safe releases,
as well as enrollment of an
unaccompanied child in a school or
educational program.
7. Disclosure for Private Relief
Legislation. Information may be
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disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A 19.
8. Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the written request of the
individual.
9. Disclosure to Department of Justice
or in Proceedings. Information may be
disclosed to the Department of Justice,
or in a proceeding before a court,
adjudicative body, or other
administrative body before which HHS
is authorized to appear, when:
• HHS, or any component thereof; or
• any employee of HHS in his or her
official capacity; or
• any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• the United States, if HHS
determines that litigation is likely to
affect HHS or any of its components,
is a party to litigation or has an
interest in such litigation, and the use
of such records by the Department of
Justice or HHS is deemed by HHS to be
relevant and necessary to the litigation
provided, however, that in each case it
has been determined that the disclosure
is compatible with the purpose for
which the records were collected.
10. Disclosure to Department of
Justice for LOPC Facilitation.
Information may be disclosed to the
Department of Justice, Executive Office
for Immigration Review for purposes of
collaboration in facilitating sponsors’
participation in Legal Orientation
Programs for Custodians (LOPCs) under
the William Wilberforce Trafficking
Victims Protection Reauthorization Act
of 2008 section 235(c)(4), 8 U.S.C.
1232(c)(4).
11. Disclosure to the National
Archives. Information may be disclosed
to the National Archives and Records
Administration in records management
inspections.
12. Disclosure to Contractors,
Grantees, and Others. Information may
be disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or
memorandum of understanding, or
other activity for HHS and who have a
need to have access to the information
in the performance of their duties or
activities for HHS.
13. Disclosure to Office of Personnel
Management. Information may be
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disclosed to the Office of Personnel
Management pursuant to that agency’s
responsibility for evaluation and
oversight of federal personnel
management.
14. Disclosure in Connection with
Litigation. Information may be disclosed
in connection with litigation or
settlement discussions regarding claims
by or against HHS, including public
filing with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions.
15. Disclosure Incident to Requesting
Information. Information may be
disclosed (to the extent necessary to
identify the individual, inform the
source of the purpose of the request, and
to identify the type of information
requested), to any source from which
additional information is requested
when necessary to obtain information
relevant to an agency decision
concerning benefits.
16. Disclosure for Administrative
Claims, Complaints, and Appeals.
Information may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
17. Disclosure to State Refugee
Coordinators. Information may be
shared with State Refugee Coordinators
for children in ORR care who are being
transferred into the ORR’s
Unaccompanied Refugee Minors
program for purposes of coordinating
appropriate placement and services for
the child. The State Refugee Coordinator
refers to the individuals designated by
a Governor or a State to be responsible
for, and who is authorized to, ensure
coordination of public and private
resources in refugee resettlement.
18. Disclosure to other Federal
Departments and Nongovernmental
Organizations and Foreign Governments
for Safe Repatriation of UC. Information
may be disclosed to other federal
agencies (such as the Department of
State, Department of Justice, Department
of Homeland Security),
nongovernmental organizations and
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foreign governments as it relates to the
safe repatriation of UC to their country
of origin as directed under the William
Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
section 235(a)(5), 8 U.S.C. 1232(a)(5).
19. Disclosure in the Event of a
Security Breach. Information may be
disclosed to appropriate federal
agencies and Department contractors
that have a need to know the
information for the purpose of assisting
the Department’s efforts to respond to a
suspected or confirmed breach of the
security or confidentiality of
information maintained in this system
of records, provided the information
disclosed is relevant and necessary for
that assistance.
20. Disclosure for Cybersecurity
Monitoring Purposes. Records may be
disclosed to the U.S. Department of
Homeland Security (DHS) if captured in
an intrusion detection system used by
HHS and DHS pursuant to a DHS
cybersecurity program that monitors
Internet traffic to and from federal
government computer networks to
prevent a variety of types of
cybersecurity incidents.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM—
Storage: Computer records are stored
on a computer network. Paper records
are stored in file folders.
Retrievability: Records are retrieved
by name or Alien Registration Number
of the unaccompanied child; records are
electronically retrieved from the webbased data management system using
name, Alien Registration Number, or
SSN of the party involved.
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
Computerized indexing system
records are retained permanently; they
are offered to the National Archives
every five years (see N1–292–90–04,
item 15). Case files are retained for five
years following receipt of the final
progress report (see N1–292–90–4, item
34).
SYSTEM MANAGER AND ADDRESS:
Director, Division of Children
Services, Office of Refugee
Resettlement, Administration for
Children and Families, Mary E. Switzer
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46685
Building, 330 C Street SW., Washington,
DC 20201.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, SSN or Alien
Registration Number, and address of the
individual, and the request must be
signed. The requester’s letter must
provide sufficient particulars to enable
the System Manager to distinguish
between records on subject individuals
with the same name. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, SSN or
Alien Registration Number, and address
of the individual, and should be signed.
The requester’s letter must provide
sufficient particulars to enable the
System Manager to distinguish between
records on subject individuals with the
same name. Verification of identity as
described in HHS’s Privacy Act
regulations may be required. 45 CFR
5b.5
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
request should (1) include the name,
telephone number and/or email address,
SSN or Alien Registration Number, and
address of the individual, and should be
signed; (2) identify the system of records
that the individual believes includes his
or her records or otherwise provide
enough information to enable the
identification of the individual’s record;
(3) identify the information that the
individual believes in not accurate,
relevant, timely, or complete; (4)
indicate what corrective action is
sought; and (5) include supporting
justification or documentation for the
requested amendment. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
RECORD SOURCE CATEGORIES:
Record subjects, family members,
private individuals, private and public
hospitals, doctors, law enforcement
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agencies and officials, private attorneys,
facilities reports, third parties, foreign
governments, other federal agencies,
state and local governments, agencies
and instrumentalities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NUMBER:
09–80–0325.
SYSTEM NAME:
ORR Internet Refugee Arrivals Data
System (iRADS).
SECURITY CLASSIFICATION:
Unclassified.
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM LOCATION:
Office of Refugee Resettlement (ORR),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS), Mary E.
Switzer Building, 330 C Street SW.,
Washington, DC. A list of contractor
sites where individually identifiable
data are currently located is available
upon request to the system manager.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Records pertain to the following
individuals:
• Individuals who are paroled as a
refugee or asylee under 8 U.S.C.
1182(d)(5) [section 212(d)(5) of the
Immigration and Nationality Act (INA)].
• Individuals admitted as a refugee
under 8 U.S.C. 1157 (section 207 of
INA).
• Individuals granted asylum under 8
U.S.C. 1158 (section 208 of INA).
• Cuban and Haitian entrants, in
accordance with requirements in Public
Law 97–35, title V, §§ 543(a)(2), 547 [8
U.S.C. 1522 (note)] and 45 CFR part 401.
• Certain Amerasians from Vietnam
who are admitted to the U.S. as
immigrants pursuant to 8 U.S.C. 1101
note (Amerasian Immigration).
• Iraqi or Afghan Special Immigrant
Visa-holders admitted under the
Consolidated Appropriations Act of
2008 (Pub. L. 110–161, Division G, Title
V, Section 525) or the National Defense
Authorization Act for FY 2008 (Pub. L.
110–181, Division A, Title XII, Section
1244).
• Certified victims of a severe form of
human trafficking as defined under 22
U.S.C. 7105(b)(1)(c) (Trafficking Victims
Protection Act of 2000).
• Individuals admitted for permanent
residence, provided the individual
previously held one of the statuses
identified above.
The Privacy Act applies only to U.S.
persons (citizens of the United States or
aliens lawfully admitted for permanent
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residence in the United States). As a
matter of discretion, ORR will treat
information that it maintains in its
mixed systems of records as being
subject to the provisions of the Privacy
Act, regardless of whether or not the
information relates to U.S. persons
covered by the Privacy Act. This
implements a 1975 Office of
Management and Budget (OMB)
recommendation to apply, as a matter of
policy, the administrative provisions of
the Privacy Act to records about nonU.S. persons in mixed systems of
records (referred to as the non-U.S.
persons policy).
Jkt 238001
Records consist of automated database
records; data elements include but are
not limited to: Alien Number, Full
Name, Birth Date, Arrival Date or Date
of Grant of Asylum, Immigration Status
(Refugee, Asylee, etc), Marital Status,
Age, Gender, Ethnicity (for populations
other than Asylees), Full Address (City,
State, Zip Code), County, Birth Country,
Citizenship Country, Country of Origin,
English Ability, Occupational Skills,
Health Status, Administrative Data (e.g.,
voluntary resettlement agency).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1521 et seq.
PURPOSE(S):
Records are used by HHS/ACF/ORR
to generate data needed to allocate
funds for Formula Social Services and
Targeted Assistance grants according to
statutory formulas established under 8
U.S.C. 1522(c)(1)(B) & (c)(2)(B); extract
samples for the Annual Survey of
Refugees, which collects information on
the economic adjustment of refugees;
and support other budget and grant
requirements and data requests from
within and outside ORR. This system of
records does not collect new
information but consolidates
information on eligible populations
obtained from other agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release information from this
system of records without the consent of
the data subject. Each proposed
disclosure of information under these
routine uses will be evaluated to ensure
that the disclosure is legally
permissible, including but not limited to
ensuring that the purpose of the
disclosure is compatible with the
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purpose for which the information was
collected.
1. Disclosure for Law Enforcement
Purpose. Information may be disclosed
to the appropriate federal, state, local,
tribal, or foreign agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
2. Disclosure for Private Relief
Legislation. Information may be
disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A 19.
3. Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the written request of the
individual.
4. Disclosure to Department of Justice
or in Proceedings. Information may be
disclosed to the Department of Justice,
or in a proceeding before a court,
adjudicative body, or other
administrative body before which HHS
is authorized to appear, when:
• HHS, or any component thereof; or
• any employee of HHS in his or her
official capacity; or
• any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• the United States, if HHS
determines that litigation is likely to
affect HHS or any of its components,
is a party to litigation or has an
interest in such litigation, and the use
of such records by the Department of
Justice or HHS is deemed by HHS to be
relevant and necessary to the litigation
provided, however, that in each case it
has been determined that the disclosure
is compatible with the purpose for
which the records were collected.
5. Disclosure to the National Archives.
Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
6. Disclosure to Contractor.
Information may be disclosed to a
contractor performing or working on a
contract for HHS and who has a need to
have access to the information in the
performance of its duties or activities for
HHS.
7. Disclosure for Administrative
Claim, Complaint, and Appeal.
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Information may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
8. Disclosure in Connection with
Litigation. Information may be disclosed
in connection with litigation or
settlement discussions regarding claims
by or against HHS, including public
filing with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions.
9. Disclosure Incident to Requesting
Information. Information may be
disclosed (to the extent necessary to
identify the individual, inform the
source of the purpose of the request, and
to identify the type of information
requested), to any source from which
additional information is requested
when necessary to obtain information
relevant to an agency decision
concerning benefits.
10. Disclosure in the Event of a
Security Breach. Information may be
disclosed to appropriate federal
agencies and Department contractors
that have a need to know the
information for the purpose of assisting
the Department’s efforts to respond to a
suspected or confirmed breach of the
security or confidentiality of
information maintained in this system
of records, provided the information
disclosed is relevant and necessary for
that assistance.
11. Disclosure for Cybersecurity
Monitoring Purposes. Records may be
disclosed to the U.S. Department of
Homeland Security (DHS) if captured in
an intrusion detection system used by
HHS and DHS pursuant to a DHS
cybersecurity program that monitors
Internet traffic to and from federal
government computer networks to
prevent a variety of types of
cybersecurity incidents.
Information may also be disclosed
from this system of records to parties
outside HHS for any of the uses
authorized directly in the Privacy Act at
5 U.S.C. 552a(b)(2) and (b)(4)–(11).
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Jkt 238001
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM—
STORAGE:
Records are stored in a computer
database operated by a contractor.
RETRIEVABILITY:
Records are retrieved by ‘‘A’’ (alien)
number or by name, date of birth, or
date of entry.
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
Records are retained permanently;
they are offered to the National Archives
every five years (see N1–292–90–04,
item 15).
SYSTEM MANAGER AND ADDRESS:
Division Director, Division of Budget
Policy and Data Analysis, Office of
Refugee Resettlement, Administration
for Children and Families, Department
of Health and Human Services, Mary E.
Switzer Building, 330 C Street SW.,
Washington, DC 20201.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, Alien Number, and
address of the individual, and the
request must be signed. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
The requestor’s letter must also
provide sufficient particulars to enable
ACF to distinguish between records on
subject individuals with the same name.
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, Alien
Number, and address of the individual,
and should be signed. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
The requestor’s letter must also
provide sufficient particulars to enable
ACF to distinguish between records on
subject individuals with the same name.
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46687
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
request should (1) include the name,
telephone number and/or email address,
Alien Number, and address of the
individual, and should be signed; (2)
provide the name or other information
about the project that the individual
believes contains his or her records; (3)
identify the information that the
individual believes is not accurate,
relevant, timely, or complete; (4)
indicate what corrective action is
sought; and (5) include supporting
justification or documentation for the
requested amendment. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
RECORD SOURCE CATEGORIES:
Record subjects, Department grantees,
and social service agencies. Refugee
arrival data from the Department of
State’s Worldwide Refugee Arrivals
Processing System (WRAPS); legacy
refugee arrival data from the Department
of State’s Refugee Data Center;
Department of Homeland Security
(DHS) U.S. Citizenship and Immigration
Services (USCIS) asylum corps grant
data and I–730 asylee derivative data
with some data elements provided by
Customs and Border Protection; DHS/
Customs and Border Protection (CBP)
data regarding Cubans and Haitians
entering the U.S. at land borders or
Ports of Entry other than Miami, FL, as
well as Iraqi and Afghan Special
Immigrants (starting in FY 2008); the
Department of Justice (DOJ) Executive
Office of Immigration Review (EOIR)
asylum grant data; the United States
Conference of Catholic Bishops
(USCCB) and Church World Services in
Miami, FL data for Cuban and Haitian
entrants and Havana parolees (including
data on Cuban Medical Parolees)
entering the U.S. through the Port of
Miami; the I–643 form (OMB No. 1615–
0070), completed by refugees and
asylees, Cuban and Haitian entrants,
and Amerasians and submitted to
USCIS or ORR when filing an
application for adjustment of status.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NUMBER:
09–80–0327.
SYSTEM NAME:
ORR Repatriation Program Records.
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION:
Office of Refugee Resettlement (ORR),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS), Mary E.
Switzer Building, 330 C Street SW.,
Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
U.S. citizens and their dependents
receiving temporary assistance who
have been identified by the Department
of State as having returned, or been
brought from a foreign country to the
U.S. because of destitution, illness, war,
threat of war, or a similar crisis.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of case files,
containing:
• Identifying information including
but not limited to name, date of birth,
place of birth, gender, Social Security
Number (SSN), passport number, case
number, citizenship, address;
• service information, including but
not limited to type of case (settlement or
exception), resettlement state, case
activity (dates and notes);
• types of assistance requested,
including but not limited to financial,
food, travel, clothing, medical, other;
• types of assistance provided,
including but not limited to
identification numbers, service
providers, cost information;
• medical information, including but
not limited to diagnosis, prognosis,
mental health status, hospitalization;
• next-of-kin information, including
next of kin name, identification number,
address, relationship, telephone
numbers;
• repayment information, including
but not limited to deferrals, extensions,
referrals to collection agencies and
Internal Revenue Service, payments;
and
• travel plans, including but not
limited to name of escort, destinations,
flight numbers, dates of travel.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 1113 of the Social Security
Act, 42 U.S.C. 1313 (Assistance for U.S.
Citizens Returned from Foreign
Countries) and 24 U.S.C. 321–329
(Hospitalization of mentally ill nationals
returned from foreign countries).
PURPOSE(S):
Records are used by HHS/ACF/ORR
to administer the United States
Repatriation Program, which provides
temporary assistance to U.S. citizens
and their dependents who have been
identified by the Department of State as
having returned, or been brought from a
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Jkt 238001
foreign country to the U.S. because of
destitution, illness, war, threat of war,
or a similar crisis. Temporary assistance
may include money payments, medical
care, temporary billeting, transportation,
and other goods and services necessary
for the health or welfare of individuals
(including guidance, counseling, and
other welfare services), furnished to
United States citizens and their
dependents who are without available
resources in the U.S. upon their arrival
from abroad and for up to 90 days after
their arrival, not exceeding 90 days as
may be provided in regulations of the
Secretary of HHS. All temporary
assistance provided under the Program
and allocable to individual recipients is
repayable to the federal government.
HHS’ Program Support Center
administers debt collection for these
repayments.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release information from this
system of records without the consent of
the data subject. Each proposed
disclosure of information under these
routine uses will be evaluated to ensure
that the disclosure is legally
permissible, including but not limited to
ensuring that the purpose of the
disclosure is compatible with the
purpose for which the information was
collected.
1. Disclosure to Department of State.
Information may be disclosed to the
Department of State in connection with
determinations of eligibility, referral,
planning, and provision of temporary
assistance of or in cases referred to HHS.
2. Disclosure to States. Information
may be disclosed to the states in
connection with coordination and/or
provision of temporary services for
eligible repatriates.
3. Disclosure to Service Provider.
Information may be disclosed to
providers of services (e.g. communitybased organizations, hospitals) and to
local state institutions (e.g., courts and
social service agencies) that assist in
coordination and/or the provision of
temporary services.
4. Disclosure to Agency for Temporary
Services. Information may be disclosed
to other federal agencies and nongovernmental agencies for planning or
provision of temporary services to
eligible repatriates.
Federal agencies include but are not
limited to Department of State,
Department of Defense, Department of
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Justice, Department of Homeland
Security, Department of Housing and
Urban Development, Federal Emergency
Management Agency, Department of
Agriculture, and United States
Department of Transportation. Nongovernmental agencies include but are
not limited to American Red Cross and
Salvation Army.
5. Disclosure for Law Enforcement
Purpose. Information may be disclosed
to the appropriate federal, state, local,
tribal, or foreign agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
6. Disclosure Incident to Requesting
Information. Information may be
disclosed (to the extent necessary to
identify the individual, inform the
source of the purpose of the request, and
to identify the type of information
requested), to any source from which
additional information is requested
when necessary to obtain information
relevant to an agency decision
concerning retention of an employee or
other personnel action (other than
hiring), retention of a security clearance,
the letting of a contract, or the issuance
or retention of a grant, or other benefit.
7. Disclosure for Employee Retention,
Security Clearance, Contract, or Other
Benefit. Disclosure may be made to a
federal, state, local, foreign, or tribal or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
record if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within HHS or to another federal
agency for criminal, civil,
administrative, personnel, or regulatory
action.
8. Disclosure for Private Relief
Legislation. Information may be
disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A 19.
9. Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
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inquiry from the congressional office
made at the written request of the
individual.
10. Disclosure to Department of
Justice or in Proceedings. Information
may be disclosed to the Department of
Justice, or in a proceeding before a
court, adjudicative body, or other
administrative body before which HHS
is authorized to appear, when:
• HHS, or any component thereof; or
• any employee of HHS in his or her
official capacity; or
• any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• the United States, if HHS
determines that litigation is likely to
affect HHS or any of its components,
is a party to litigation or has an
interest in such litigation, and the use
of such records by the Department of
Justice or HHS is deemed by HHS to be
relevant and necessary to the litigation
provided, however, that in each case it
has been determined that the disclosure
is compatible with the purpose for
which the records were collected.
11. Disclosure to the National
Archives. Information may be disclosed
to the National Archives and Records
Administration in records management
inspections.
12. Disclosure to Contractors,
Grantees, and Others. Information may
be disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or other
activity for HHS and who have a need
to have access to the information in the
performance of their duties or activities
for HHS.
13. Disclosure for Administrative
Claim, Complaint, and Appeal.
Information may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
14. Disclosure to Office of Personnel
Management. Information may be
disclosed to the Office of Personnel
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17:52 Jul 15, 2016
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Management pursuant to that agency’s
responsibility for evaluation and
oversight of federal personnel
management.
15. Disclosure in Connection with
Litigation. Information may be disclosed
in connection with litigation or
settlement discussions regarding claims
by or against HHS, including public
filing with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions.
16. Disclosure in the Event of a
Security Breach. Information may be
disclosed to appropriate federal
agencies and Department contractors
that have a need to know the
information for the purpose of assisting
the Department’s efforts to respond to a
suspected or confirmed breach of the
security or confidentiality of
information maintained in this system
of records, provided the information
disclosed is relevant and necessary for
that assistance.
17. Disclosure for Cybersecurity
Monitoring Purposes. Records may be
disclosed to the U.S. Department of
Homeland Security (DHS) if captured in
an intrusion detection system used by
HHS and DHS pursuant to a DHS
cybersecurity program that monitors
Internet traffic to and from federal
government computer networks to
prevent a variety of types of
cybersecurity incidents.
Information may also be disclosed
from this system of records to parties
outside HHS for any of the uses
authorized directly in the Privacy Act at
5 U.S.C. 552a(b)(2) and (b)(4)–(12).
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
The HHS Program Support Center
may make disclosures to consumer
reporting agencies regarding debts
referred from repatriation activities. See
System of Records 09–40–0012 Debt
Management and Collection System.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM—
STORAGE:
Records are stored on grantee’s
computer network and safe/file cabinet.
RETRIEVABILITY:
Records are retrieved by name of
recipient, case file, or SSN.
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
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RETENTION AND DISPOSAL:
Files are transferred to a Federal
Records Center one year after
termination of collection efforts, and are
destroyed five years after termination of
collection efforts (see N1–292–93–1).
SYSTEM MANAGER AND ADDRESS:
Manager, Repatriation Program, Office
of Refugee Resettlement, Administration
for Children and Families, Department
of Health and Human Services, Mary E.
Switzer Building, 330 C Street SW.,
Washington, DC 20201.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, SSN, and address of the
individual, and the request must be
signed. The requester’s letter must
provide sufficient particulars to enable
the System Manager to distinguish
between records on subject individuals
with the same name. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, SSN, and
address of the individual, and should be
signed. The requester’s letter must
provide sufficient particulars to enable
the System Manager to distinguish
between records on subject individuals
with the same name. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
request should (1) include the name,
telephone number and/or email address,
SSN, and address of the individual, and
should be signed; (2) identify the system
of records that the individual believes
includes his or her records or otherwise
provide enough information to enable
the identification of the individual’s
record; (3) identify the information that
the individual believes in not accurate,
relevant, timely, or complete; (4)
indicate what corrective action is
sought; and (5) include supporting
justification or documentation for the
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requested amendment. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5.
RECORD SOURCE CATEGORIES:
Information may be obtained from a
wide variety of institutions and
individuals involved who may be in the
process or repatriation and/or
deportation. Sources include the record
subject; representatives and relatives of
the record subject; Department of State
and other federal agencies; international
agencies; foreign governments; social
service organizations; employers; state
agencies; health care institutions; and
other sources including public
information.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NUMBER:
09–80–0329.
SYSTEM NAME:
ORR Unaccompanied Refugee Minors
Records.
SECURITY CLASSIFICATION:
Unclassified.
Office of Refugee Resettlement (ORR),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS), Mary E.
Switzer Building, 330 C Street SW.,
Washington, DC.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Refugee unaccompanied children who
are admitted from refugee camps
overseas or determined eligible after
arrival in the United States and do not
have a parent or a relative available and
committed to providing for their long
term care; children eligible for benefits
as victims of a severe form of trafficking;
entrant children with Cuban-Haitian
Entrant designation; and
unaccompanied minor children granted
asylum in the United States, Special
Immigrant Juvenile Status, or U status.
The Privacy Act applies only to U.S.
persons (citizens of the United States or
aliens lawfully admitted for permanent
residence in the United States). As a
matter of discretion, ORR will treat
information that it maintains in its
mixed systems of records as being
subject to the provisions of the Privacy
Act, regardless of whether or not the
information relates to U.S. persons
covered by the Privacy Act. This
implements a 1975 Office of
Management and Budget (OMB)
recommendation to apply, as a matter of
17:52 Jul 15, 2016
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of database records
and hard copy case files:
• The database includes information
reported on ORR Forms 3 and 4 (name,
address, alien number, country of
origin, immigration classification,
parents’ names, national and local
refugee resettlement agency, child
welfare agency, school progress, English
language acquisition, education
progress, social adjustment, health
conditions, family reunion,
emancipation information, etc.),
eligibility determinations, identifying
information, placement, and progress
summaries are recorded.
• Hard copy case files include letters
and forms documenting the
reclassification and designation of
individuals covered by the systems,
tracking documents, and case notes.
Electronic files include messages used
for determining placements.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM LOCATION:
VerDate Sep<11>2014
policy, the administrative provisions of
the Privacy Act to records about nonU.S. persons in mixed systems of
records (referred to as the non-U.S.
persons policy).
Jkt 238001
8 U.S.C. 1521, 1522; Title V of the
Refugee Education Assistance Act of
1980, 8 U.S.C. 1522 note.
PURPOSE(S):
Records are used by HHS/ACF/ORR
to establish legal responsibility, under
state law, to ensure that unaccompanied
minor refugees and entrants receive the
full range of assistance, care, and
services which are available to all foster
children in the state; a legal authority is
designated to act in place of the child’s
unavailable parent(s). Reunification of
children with their parents or other
appropriate adult relatives is
encouraged, through family tracing and
coordination with local refugee
resettlement agencies. Additional
services provided include: Indirect
financial support for housing, food,
clothing, medical care and other
necessities; intensive case management
by social workers; independent living
skills training; educational supports;
English language training; career/college
counseling and training; mental health
services; assistance adjusting
immigration status; cultural activities;
recreational opportunities; support for
social integration; and cultural and
religious preservation.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
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provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release information from this
system of records without the consent of
the data subject. Each proposed
disclosure of information under these
routine uses will be evaluated to ensure
that the disclosure is legally
permissible, including but not limited to
ensuring that the purpose of the
disclosure is compatible with the
purpose for which the information was
collected.
1. Disclosure to Attorney. Information
may be disclosed to an attorney or
representative (as defined in 8 CFR 1.2)
who is acting on behalf of an individual
covered by this system of records in
connection with any proceeding before
the Department of Homeland Security or
the Executive Office for Immigration
Review.
2. Disclosure to a Protection or
Advocacy Organization. Information
may be disclosed to a protection or
advocacy organization when access is
authorized and the request is
appropriately made under the
Protection and Advocacy for Individuals
with Mental Illness Act, 42 U.S.C. 10801
et seq.
3. Disclosure to Department of
Homeland Security for Immigration
Relief. Information may be disclosed to
the Department of Homeland Security
for the purpose of adjudicating or
deciding immigration relief.
4. Disclosure to Service Provider.
Information may be disclosed to a
provider of services to refugee minors,
foster care agency, national voluntary
refugee resettlement agency, or to a
local, county or State institution (e.g.,
State refugee coordinator, child welfare
agency, court, or social service agency)
involved in resettlement activities.
5. Disclosure for Law Enforcement
Purpose. Information may be disclosed
to the appropriate federal, state, local,
tribal, or foreign agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
6. Disclosure for Private Relief
Legislation. Information may be
disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A 19.
7. Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
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inquiry from the congressional office
made at the written request of the
individual.
8. Disclosure to Department of Justice
or in Proceedings. Information may be
disclosed to the Department of Justice,
or in a proceeding before a court,
adjudicative body, or other
administrative body before which HHS
is authorized to appear, when:
• HHS, or any component thereof; or
• any employee of HHS in his or her
official capacity; or
• any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• the United States, if HHS
determines that litigation is likely to
affect HHS or any of its components,
is a party to litigation or has an
interest in such litigation, and the use
of such records by the Department of
Justice or HHS is deemed by HHS to be
relevant and necessary to the litigation
provided, however, that in each case it
has been determined that the disclosure
is compatible with the purpose for
which the records were collected.
9. Disclosure to the National Archives.
Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
10. Disclosure to Contractors,
Grantees, and Others. Information may
be disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or other
activity for HHS and who have a need
to have access to the information in the
performance of their duties or activities
for HHS.
11. Disclosure for Administrative
Claim, Complaint, and Appeal.
Information from this system of records
may be disclosed to an authorized
appeal grievance examiner, formal
complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
12. Disclosure to Office of Personnel
Management. Information from this
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17:52 Jul 15, 2016
Jkt 238001
system of records may be disclosed to
the Office of Personnel Management
pursuant to that agency’s responsibility
for evaluation and oversight of federal
personnel management.
13. Disclosure in Connection with
Litigation. Information from this system
of records may be disclosed in
connection with litigation or settlement
discussions regarding claims by or
against HHS, including public filing
with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions.
14. Disclosure in the Event of a
Security Breach. Information may be
disclosed to appropriate federal
agencies and Department contractors
that have a need to know the
information for the purpose of assisting
the Department’s efforts to respond to a
suspected or confirmed breach of the
security or confidentiality of
information maintained in this system
of records, provided the information
disclosed is relevant and necessary for
that assistance.
15. Disclosure for Cybersecurity
Monitoring Purposes. Records may be
disclosed to the U.S. Department of
Homeland Security (DHS) if captured in
an intrusion detection system used by
HHS and DHS pursuant to a DHS
cybersecurity program that monitors
Internet traffic to and from federal
government computer networks to
prevent a variety of types of
cybersecurity incidents.
Information may also be disclosed
from this system of records to parties
outside HHS for any of the uses
authorized directly in the Privacy Act at
5 U.S.C. 552a(b)(2) and (b)(4)–(11).
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM—
STORAGE:
Computer records are stored on a
computer network. Paper records are
stored in file folders.
RETRIEVABILITY:
Records of refugee unaccompanied
minors, reclassified refugee
unaccompanied minors, children who
are eligible for benefits as victims of a
severe form of trafficking, entrant minor
children of the Cuban-Haitian Entrant
programs and minor children granted
asylum, Special Immigrant Juvenile
Status or U status are retrieved by name
and alien numbers from the ORR
database.
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46691
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
Database records are retained
permanently; they are offered to the
National Archives every five years (see
N1–292–90–04, item 15). Case files are
retained for five years following receipt
of the final progress report (see N1–292–
90–4, item 34).
SYSTEM MANAGER AND ADDRESS:
Director, Division of Children’s
Services, Office of Refugee
Resettlement, Administration for
Children and Families, Department of
Health and Human Services, Mary E.
Switzer Building, 330 C Street SW.,
Washington, DC 20201.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, Alien Number, and
address of the individual, and the
request must be signed. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, Alien
Number, and address of the individual,
and should be signed. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
request should (1) include the name,
telephone number and/or email address,
Alien Number, and address of the
individual, and should be signed; (2)
identify the system of records that the
individual believes includes his or her
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records or otherwise provide enough
information to enable the identification
of the individual’s record; (3) identify
the information that the individual
believes in not accurate, relevant,
timely, or complete; (4) indicate what
corrective action is sought; and (5)
include supporting justification or
documentation for the requested
amendment. Verification of identity as
described in HHS’s Privacy Act
regulations may be required. 45 CFR
5b.5
RECORD SOURCE CATEGORIES:
Record subject, national and local
voluntary refugee resettlement agencies,
child welfare agencies, family members,
private individuals, private and public
hospitals, doctors, law enforcement
agencies and officials, private attorneys,
facilities reports, third parties, other
Federal agencies, State and local
governments, agencies and
instrumentalities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
System Number:
ORR Refugee Suicide Database.
PURPOSE(S):
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Datacenter for Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS), Mary E. Switzer
Building, 330 C Street SW., Washington,
DC
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Records consist of data reported by
states and other resettlement
organizations, using the Refugee Suicide
and Self-Harm Report Form, which ORR
enters into spreadsheets. The records
may include the following information
about the individual who attempted
suicide: Alien number; country of
origin; age; gender; residence (city/
county, state); estimated length of time
in the U.S.; date of suicide attempt;
outcome of suicide attempt; household
members (type of relationship); ORR
population type; current immigration
status; marital/relationship status;
employment status at time of suicide
attempt; health insurance status; English
proficiency; religion; method of suicide
attempted; place of occurrence;
contributing factors; and mental health
concerns.
Section 412(b)(4) of the Immigration
and Nationality Act (8 U.S.C. 1522(b)(4))
SYSTEM NAME:
Records pertain to individuals in ORR
populations reported as unsuccessfully
attempting a suicide in the United
States. ORR populations include
refugees, asylees, Cuban/Haitian
entrants, Afghan and Iraqi Special
Immigrants, certain Amerasians, and
victims of human trafficking.
The Privacy Act applies only to U.S.
persons (citizens of the United States or
aliens lawfully admitted for permanent
residence in the United States). As a
matter of discretion, ORR will treat
information that it maintains in its
mixed systems of records as being
subject to the provisions of the Privacy
Act, regardless of whether or not the
information relates to U.S. persons
covered by the Privacy Act. This
implements a 1975 Office of
Management and Budget (OMB)
recommendation to apply, as a matter of
17:52 Jul 15, 2016
CATEGORIES OF RECORDS IN THE SYSTEM:
AUTHORITY OF MAINTENANCE OF THE SYSTEM:
09–80–0388.
VerDate Sep<11>2014
policy, the administrative provisions of
the Privacy Act to records about nonU.S. persons in mixed systems of
records (referred to as the non-U.S.
persons policy).
Jkt 238001
ORR will use records in the Refugee
Suicide Database to identify trends and
factors related to suicidal behavior
among ORR populations. Additionally,
ORR will use the records to plan,
implement, and evaluate suicide
prevention and intervention activities,
in collaboration with local, state, and
national government agencies and
organizations serving the refugee
population.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USERS:
These routine uses specify
circumstances under which ACF may
disclose information from this system of
records without the prior written
consent of the data subject. Each
proposed disclosure of information
under these routine uses will be
evaluated to ensure that the disclosure
is legally permissible, including but not
limited to ensuring that the purpose of
the disclosure is compatible with the
purpose for which the information was
collected.
1. Disclosure to Government Agencies
and Organizations Assisting the Refugee
Population. Information will be shared
with local, state, and national
government agencies and organizations
serving the refugee population, for the
purpose of collaborating with them to
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Fmt 4703
Sfmt 4703
plan, implement, and evaluate suicide
prevention and intervention activities.
2. Disclosure to Contractors, Grantees,
and Others. Information may be
disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or
memorandum of understanding, or
other activity for HHS related to the
purposes of the system, and who have
a need to have access to the information
in the performance of their duties or
activities for HHS.
3. Disclosure in the Event of a
Security Breach. Records may be
disclosed to appropriate federal
agencies and Department contractors
that have a need to know the
information for the purpose of assisting
the Department’s efforts to respond to a
suspected or confirmed breach of the
security or confidentiality of
information maintained in this system
of records, when the information
disclosed is relevant and necessary for
that assistance.
4. Disclosure for Cybersecurity
Monitoring Purposes. Records may be
disclosed to the U.S. Department of
Homeland Security (DHS) if captured in
an intrusion detection system used by
HHS and DHS pursuant to a DHS
cybersecurity program that monitors
Internet traffic to and from federal
government computer networks to
prevent a variety of types of
cybersecurity incidents.
Information may also be disclosed
from this system of records to parties
outside HHS for any of the uses
authorized directly in the Privacy Act at
5 U.S.C. 552a(b)(2) and (b)(4)–(11).
DISCLOSURES TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM—
STORAGE:
Records are stored in an electronic
database on a computer network.
RETRIEVABILITY:
Records are retrieved by alien
number.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable laws, rules and policies.
Records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. Access to the
records is restricted to authorized
personnel (a limited number of
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employees in ORR with access to the
database, and a limited number of
employees in other HHS offices, e.g.,
CDC and SAMHSA, receiving data from
ORR) who are advised of the
confidentiality of the records and the
civil and criminal penalties for misuse.
Personnel with authorized access to the
system are provided privacy and
security training for electronically
stored information. The records are
processed and stored in a secure
environment. All records are stored in
an area that is physically safe from
access by unauthorized persons at all
times. Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
The records will be retained
indefinitely pending scheduling with
the National Archives and Records
Administration (NARA). Because the
records will have continuing value for
epidemiological purposes, the retention
period proposed to NARA may be 100
years or longer.
SYSTEM MANAGER AND ADDRESS:
Director, Division of Refugee Health,
Office of Refugee Resettlement,
Administration for Children and
Families, Mary E. Switzer Building, 330
C Street SW., Washington, DC 20201.
NOTIFICATION PROCEDURE:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Individuals seeking to determine
whether this system of records contains
information about them should address
written inquiries to the System
Manager. The request should include
the alien number, age, telephone
number, and/or email address of the
individual data subject. The request
must be signed by the requester.
Verification of identity as described in
the Department’s Privacy Act
regulations may be required (see 45 CFR
5b.5). If the individual data subject is a
minor or is legally incompetent, the
individual’s legal representative (parent
or court-appointed guardian) may
request notification on the individual’s
behalf. The representative must provide
verification of identity and competent
evidence of the parent or guardian
relationship.
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about them in this system of records
should address written inquiries to the
System Manager. The request should
include the alien number, age,
telephone number, and/or email address
of the individual. The request must be
signed by the individual to whom such
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17:52 Jul 15, 2016
Jkt 238001
46693
information pertains. Verification of
identity as described in the
Department’s Privacy Act regulations
may be required (see 45 CFR 5b.5). If the
individual data subject is a minor or is
legally incompetent, the individual’s
legal representative (parent or courtappointed guardian) may request access
on the individual’s behalf. The
representative must provide verification
of identity and competent evidence of
the parent or guardian relationship.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
CONTESTING RECORD PROCEDURES:
AGENCY:
Individuals seeking to amend a record
about them in this system of records
should address the request for
amendment to the System Manager. The
request should:
• Include the alien number, age,
telephone number, and/or email address
of the individual, and should be signed
by the individual to whom such
information pertains;
• identify the system of records that
the individual believes includes his or
her records or otherwise provide enough
information to enable the identification
of the individual’s record;
• identify the information that the
individual believes is not accurate,
relevant, timely or complete;
• indicate what corrective action is
sought; and
• include supporting justification or
documentation for the requested
amendment.
Verification of identity as described in
the Department’s Privacy Act
regulations may be required (see 45 CFR
5b.5). If the individual data subject is a
minor or is legally incompetent, the
individual’s legal representative (parent
or court-appointed guardian) may make
an amendment request on the
individual’s behalf. The representative
must provide verification of identity
and competent evidence of the parent or
guardian relationship.
RECORD SOURCE CATEGORIES:
The information maintained in the
system is provided by states and other
resettlement organizations when they
report a suicide attempt using the
Refugee Suicide and Report Form. The
State Refugee Coordinator and State
Refugee Health Coordinator will be
primarily responsible for reporting this
information. They will collect the
information from various sources within
the state including refugee resettlement
agencies, public health departments,
ethnic-based community organizations,
and refugee community leaders.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2016–16812 Filed 7–15–16; 8:45 am]
BILLING CODE P
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Food and Drug Administration
[Docket No. FDA–2008–D–0031]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Clinical Laboratory
Improvement Amendments Act of 1988
Waiver Applications
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing
that a proposed collection of
information has been submitted to the
Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995.
DATES: Fax written comments on the
collection of information by August 17,
2016.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, FAX:
202–395–7285, or emailed to oira_
submission@omb.eop.gov. All
comments should be identified with the
OMB control number 0910–0598. Also
include the FDA docket number found
in brackets in the heading of this
document.
SUMMARY:
FDA
PRA Staff, Office of Operations, Food
and Drug Administration, Three White
Flint North, 10A63, 11601 Landsdown
St., North Bethesda, MD 20852,
PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
FOR FURTHER INFORMATION CONTACT:
CLIA Waiver Applications—OMB
Control Number 0910–0598—Extension
Congress passed the CLIA (Pub. L.
100–578) in 1988 to establish quality
standards for all laboratory testing. The
purpose was to ensure the accuracy,
reliability, and timeliness of patient test
results regardless of where the test took
place. CLIA requires that clinical
laboratories obtain a certificate from the
Secretary of Health and Human Services
(the Secretary), before accepting
materials derived from the human body
for laboratory tests (42 U.S.C. 263a(b)).
Laboratories that perform only tests that
are ‘‘simple’’ and that have an
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Agencies
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46682-46693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16812]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974; System of Records Notice
AGENCY: Department of Health and Human Services (HHS), Administration
for Children and Families (ACF), Office of Refugee Resettlement (ORR).
ACTION: Notice to establish five new and delete one Privacy Act systems
of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended (5 U.S.C. 552a), the Office of Refugee Resettlement
(ORR) within HHS' Administration for Children and Families (ACF) is
establishing five new systems of records: 09-80-0321 ORR Division of
Children's Services Records; 09-80-0325 ORR Internet Refugee Arrivals
Data System (iRADS); 09-80-0327 ORR Repatriation Program Records; 09-
80-0329 ORR Unaccompanied Refugee Minors Records; and 09-80-0388 ORR
Refugee Suicide Database. ORR is deleting one system of records, 09-60-
0217 ORR Cuban Refugee Data System, which is being replaced by the new
iRADS system of records.
Four of the five new systems of records are ``mixed,'' in that they
contain records pertaining to both U.S. persons (i.e., individuals who
are citizens of the United States or aliens lawfully admitted for
permanent residence in the United States) and non-U.S. persons.
The Privacy Act applies only to U.S. persons (citizens of the
United States or aliens lawfully admitted for permanent residence in
the United States). As a matter of discretion, ORR will treat
information that it maintains in its mixed systems of records as being
subject to the provisions of the Privacy Act, regardless of whether the
information relates to U.S. persons covered by the Privacy Act.
This policy implements a 1975 Office of Management and Budget (OMB)
recommendation to apply, as a matter of policy, the administrative
provisions of the Privacy Act to records about non-U.S. persons in
mixed systems of records (referred to as the non-U.S. persons policy).
DATES: This Notice will become effective 30 days after publication,
unless the Office of Refugee Resettlement makes changes based on
comments received. Written comments should be submitted on or before
the effective date.
ADDRESSES: The public should address written comments to Gary Cochran,
Senior Agency Officer for Privacy, by mail at Administration for
Children and Families, Mary E. Switzer Building, 330 C Street SW.,
Washington, DC 20201, or by email at gary.cochran@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT: Questions should be directed to the
contact person for the system in question:
1. 09-80-0321 ORR Division of Children's Services Records
Jallyn Sualog, Administration for Children and Families, ORR, Mary
E. Switzer Building, 330 C Street SW., Washington, DC 20201; Email:
Jallyn.Sualog@acf.hhs.gov.
2. 09-80-0325 ORR Internet Refugee Arrivals Data System (iRADS)
Joann Simmons, Administration for Children and Families, ORR, Mary
E. Switzer Building, 330 C Street SW., Washington, DC 20201; Email:
joann.simmons@acf.hhs.gov.
3. 09-80-0327 ORR Repatriation Program Records
Elizabeth Russell, Administration for Children and Families, ORR,
Mary E. Switzer Building, 330 C Street SW., Washington, DC 20201;
Email: Elizabeth.russell@acf.hhs.gov.
4. 09-80-0329 ORR Unaccompanied Refugee Minors Records
Jallyn Sualog, Administration for Children and Families, ORR, Mary
E. Switzer Building, 330 C Street SW., Washington, DC 20201; Email:
Jallyn.Sualog@acf.hhs.gov
5. 09-80-0388 ORR Refugee Suicide Database
Dr. Curi Kim, Administration for Children and Families, ORR, Mary
E. Switzer Building, 330 C Street SW., Washington, DC 20201; Email:
curi.kim@acf.hhs.gov.
SUPPLEMENTARY INFORMATION
I. Background on Five New Systems of Records
The five new systems of records established in this Notice are
maintained by the Office of Refugee Resettlement (ORR) within HHS'
Administration for Children and Families (ACF); ORR plans, develops,
and directs the implementation of a domestic resettlement assistance
program for refugees and other eligible populations. ORR provides
resources to assist these populations with successful integration into
American society. ORR's social services help refugees become self-
sufficient as quickly as possible after their arrival in the United
States. ORR also provides guidance, resources, and oversight for
specific health challenges including medical assistance, initial health
screenings, and consultations. ORR also oversees the Unaccompanied
Children Program, providing care for unaccompanied children without
lawful immigration status, and the U.S. Repatriation Program, providing
loans to eligible repatriates referred from the U.S. Department of
State.
[[Page 46683]]
One of the five new systems of records, 09-80-0327 ORR Repatriation
Program Records, contains information about U.S. persons only (i.e.,
U.S. citizens and their dependents receiving temporary assistance who
have been identified as having returned to the U.S. or been brought
from a foreign country to the U.S. because of destitution, illness,
war, threat of war, or a similar crisis). The remaining four systems of
records are ``mixed,'' in that they contain, or could contain, records
pertaining to both U.S. persons and non-U.S. persons. The System of
Records Notices (SORNs) published in this Notice for the four mixed
systems include a statement to this effect, in the ``Categories of
Individuals'' section:
The Privacy Act applies only to U.S. persons (citizens of the
United States or aliens lawfully admitted for permanent residence in
the United States). As a matter of discretion, ORR will treat
information that it maintains in its mixed systems of records as
being subject to the provisions of the Privacy Act, regardless of
whether or not the information relates to U.S. persons covered by
the Privacy Act.
This statement implements a 1975 Office of Management and Budget
(OMB) recommendation to apply, as a matter of discretion, the
administrative provisions of the Privacy Act to records about non-U.S.
persons in mixed systems of records (referred to as the non-U.S.
persons policy).
II. Deletion of One Existing System of Records
The existing system of records that is being deleted, 09-60-0217
ORR Cuban Refugee Data System, covered only records pertaining to Cuban
refugees. That system has been subsumed into a broader system of
records, 09-80-0325 ORR Internet Refugee Arrivals Data System (iRADS),
covering refugees from all countries and other individuals eligible for
ORR-funded benefits and services.
III. The Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the U.S.
Government collects, maintains, and uses information about individuals
in a system of records. A ``system of records'' is a group of any
records under the control of a federal agency from which information
about an individual is retrieved by the individual's name or other
personal identifier. The Privacy Act requires each agency to publish in
the Federal Register a system of records notice (SORN) identifying and
describing each system of records the agency maintains, including the
purposes for which the agency uses information about individuals in the
system, the routine uses for which the agency discloses such
information outside the agency, and how individual record subjects can
exercise their rights under the Privacy Act (e.g., to determine if the
system contains information about them).
As required by the Privacy Act (5 U.S.C. 552a(r)), HHS has sent a
report of this new system of records to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of Representatives, and
the Office of Information and Regulatory Affairs of the Office of
Management and Budget (OMB).
Dated: July 11, 2016.
Robert Carey,
Director, Office of Refugee Resettlement.
The following system of records is hereby deleted:
09-60-0217 Cuban Refugee Data System.
System of Records Notices (SORNs) are published below for five new
systems of records:
System Number:
09-80-0321.
System Name:
ORR Division of Children's Services Records.
Security Classification:
Unclassified.
System Location:
Division of Children's Services (DCS), Office of Refugee
Resettlement (ORR), Administration for Children and Families (ACF),
Department of Health and Human Services (HHS), Mary E. Switzer
Building, 330 C Street Washington, DC.
Categories of Individuals Covered by the System:
Unaccompanied children under ORR's care, unaccompanied children who
receive an adjustment of status or become U.S. citizens, children of
unaccompanied children, potential sponsors of the unaccompanied
children, and members of potential sponsor's household, including both
U.S. and non-U.S. citizens.
Unaccompanied children (UC) are children who have no lawful
immigration status in the United States; have not attained 18 years of
age; and with respect to whom (i) there is no parent or legal guardian
in the United States; or (ii) no parent or legal guardian in the United
States is available to provide care and physical custody.
The Privacy Act applies only to U.S. persons (citizens of the
United States or aliens lawfully admitted for permanent residence in
the United States). As a matter of discretion, ORR will treat
information that it maintains in its mixed systems of records as being
subject to the provisions of the Privacy Act, regardless of whether or
not the information relates to U.S. persons covered by the Privacy Act.
This implements a 1975 Office of Management and Budget (OMB)
recommendation to apply, as a matter of policy, the administrative
provisions of the Privacy Act to records about non-U.S. persons in
mixed systems of records (referred to as the non-U.S. persons policy).
Categories of Records in the System:
Records consist of computerized indexing system data and case
files:
The computerized indexing system contains personal
identification data, such as Alien Registration Number, Fingerprint
Identification Number (``FINS'' number), and Social Security Number
(SSN); date and place of birth; date and port of entry; apprehension
date and location; manner of entry; apprehension field office;
individual(s) apprehended with the unaccompanied child; attorney of
record; juvenile/criminal history records; case disposition;
significant incident reports; sponsor's biographical, financial and
immigration status information; sponsor's household members'
biographical information; and personal identification data of an
unaccompanied child's potential sponsor, including the sponsor's
biographical information (e.g., name, date of birth, place of birth),
financial information, immigration status information, household
members' biographical information, SSN, phone number, address, criminal
background and case disposition, and results of child abuse and neglect
checks.
The case file contains information that is pertinent to
the care and placement of unaccompanied children, including
biographical information on each unaccompanied child, such as birth and
marriage certificates; various ORR forms and supporting documents (and
attachments, e.g. photographs); incident reports; medical and dental
records; mental health evaluations; case notes and records; clinical
notes and records; immigration forms and notifications; attorney of
record and legal papers; home studies and/or post-release service
records on a sponsor of an unaccompanied child; family reunification
information including the sponsors' individual and financial data; case
disposition; correspondence; and
[[Page 46684]]
SSN; and juvenile/criminal history records.
Authority for Maintenance of the System:
6 U.S.C. 279; 8 U.S.C. 1232.
Purpose(s):
Records are used within HHS/ACF/ORR by DCS to provide a safe and
appropriate environment for each unaccompanied child placed into ORR
custody through his/her release to a family member or sponsor in the
U.S., until he/she is removed to his/her home country by DHS
immigration officials, until the child turns 18 years of age, or until
the minor receives lawful immigration status.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release information from this system of records without
the consent of the data subject. Each proposed disclosure of
information under these routine uses will be evaluated to ensure that
the disclosure is legally permissible, including but not limited to
ensuring that the purpose of the disclosure is compatible with the
purpose for which the information was collected.
1. Disclosure to an Attorney or Representative. Information may be
disclosed to an attorney or representative (as defined in 8 CFR 1.2)
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before the Department of
Homeland Security or the Executive Office for Immigration Review; an
attorney representing an unaccompanied child in a state court in a
dependency hearing that may determine or alter the unaccompanied
child's custody status or placement; or an attorney representing an
unaccompanied child in a juvenile or criminal court in relation to
criminal charges.
2. Disclosure for Health and Safety. Information such as health
records related to communicable diseases or other illnesses that have
the potential to affect public health and safety may be disclosed 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. Private health information
not related to illnesses that affect public health and safety will
remain confidential. This information may be disclosed for the purposes
of coordinating medical and mental health evaluations, services, and
care for unaccompanied alien children while in ORR care and custody.
Information may be shared with a health provider to make age
determinations for unaccompanied children.
3. Disclosure to Protection and Advocacy Organization. Information
may be disclosed to a Protection or Advocacy organization when access
is authorized and the request is appropriately made under the
Protection and Advocacy for Individuals with Mental Illness Act, 42
U.S.C. 10801 et seq. Information may be disclosed to an HHS-appointed
child advocate for the purpose of effectively advocating for the best
interest of the child. Child advocates are granted access to this
information under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 section 235(c)(6), 8 U.S.C.
1232(c)(6).
4. Disclosure to Plaintiffs' Counsel. Information may be disclosed
to plaintiffs' counsel as required under the settlement agreement in
Flores v. Reno, Case No. CV85-4544-RJK (C.D. Cal. 1996); and Perez-
Olano v. Holder, Case No. CV 5-3604 (C.D. Cal. 2010).
5. Disclosure to Department of Homeland Security. Information may
be disclosed to the Department of Homeland Security for the purpose of
adjudicating or deciding immigration relief, notification of admission/
discharge information and forms, and reported escapes of an
unaccompanied child from ORR custody; and for background check purposes
to ensure safe releases.
6. Disclosure for Law Enforcement or Child Welfare Purpose.
Information may be disclosed to the appropriate federal, state, local,
tribal, or foreign agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, if
the information is relevant to a violation or potential violation of
civil or criminal law or regulation within the jurisdiction of the
receiving entity; and for background check purposes to ensure safe
releases. Information may be shared with certain state and local
agencies that provide child welfare services such as state licensing
agencies, Child Protective Services, and education agencies such as
state, county, or municipal schools for the purpose of protecting an
unaccompanied child's health and welfare and background check purposes
to ensure safe releases, as well as enrollment of an unaccompanied
child in a school or educational program.
7. Disclosure for Private Relief Legislation. Information may be
disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A 19.
8. Disclosure to Congressional Office. Information may be disclosed
to a congressional office from the record of an individual in response
to a written inquiry from the congressional office made at the written
request of the individual.
9. Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
any employee of HHS in his or her official capacity; or
any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
the United States, if HHS determines that litigation is
likely to affect HHS or any of its components,
is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or HHS is deemed
by HHS to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
10. Disclosure to Department of Justice for LOPC Facilitation.
Information may be disclosed to the Department of Justice, Executive
Office for Immigration Review for purposes of collaboration in
facilitating sponsors' participation in Legal Orientation Programs for
Custodians (LOPCs) under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 section 235(c)(4), 8 U.S.C.
1232(c)(4).
11. Disclosure to the National Archives. Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
12. Disclosure to Contractors, Grantees, and Others. Information
may be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or memorandum of understanding, or other activity for
HHS and who have a need to have access to the information in the
performance of their duties or activities for HHS.
13. Disclosure to Office of Personnel Management. Information may
be
[[Page 46685]]
disclosed to the Office of Personnel Management pursuant to that
agency's responsibility for evaluation and oversight of federal
personnel management.
14. Disclosure in Connection with Litigation. Information may be
disclosed in connection with litigation or settlement discussions
regarding claims by or against HHS, including public filing with a
court, to the extent that disclosure of the information is relevant and
necessary to the litigation or discussions.
15. Disclosure Incident to Requesting Information. Information may
be disclosed (to the extent necessary to identify the individual,
inform the source of the purpose of the request, and to identify the
type of information requested), to any source from which additional
information is requested when necessary to obtain information relevant
to an agency decision concerning benefits.
16. Disclosure for Administrative Claims, Complaints, and Appeals.
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
17. Disclosure to State Refugee Coordinators. Information may be
shared with State Refugee Coordinators for children in ORR care who are
being transferred into the ORR's Unaccompanied Refugee Minors program
for purposes of coordinating appropriate placement and services for the
child. The State Refugee Coordinator refers to the individuals
designated by a Governor or a State to be responsible for, and who is
authorized to, ensure coordination of public and private resources in
refugee resettlement.
18. Disclosure to other Federal Departments and Nongovernmental
Organizations and Foreign Governments for Safe Repatriation of UC.
Information may be disclosed to other federal agencies (such as the
Department of State, Department of Justice, Department of Homeland
Security), nongovernmental organizations and foreign governments as it
relates to the safe repatriation of UC to their country of origin as
directed under the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 section 235(a)(5), 8 U.S.C. 1232(a)(5).
19. Disclosure in the Event of a Security Breach. Information may
be disclosed to appropriate federal agencies and Department contractors
that have a need to know the information for the purpose of assisting
the Department's efforts to respond to a suspected or confirmed breach
of the security or confidentiality of information maintained in this
system of records, provided the information disclosed is relevant and
necessary for that assistance.
20. Disclosure for Cybersecurity Monitoring Purposes. Records may
be disclosed to the U.S. Department of Homeland Security (DHS) if
captured in an intrusion detection system used by HHS and DHS pursuant
to a DHS cybersecurity program that monitors Internet traffic to and
from federal government computer networks to prevent a variety of types
of cybersecurity incidents.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System--
Storage: Computer records are stored on a computer network. Paper
records are stored in file folders.
Retrievability: Records are retrieved by name or Alien Registration
Number of the unaccompanied child; records are electronically retrieved
from the web-based data management system using name, Alien
Registration Number, or SSN of the party involved.
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
Computerized indexing system records are retained permanently; they
are offered to the National Archives every five years (see N1-292-90-
04, item 15). Case files are retained for five years following receipt
of the final progress report (see N1-292-90-4, item 34).
System Manager and Address:
Director, Division of Children Services, Office of Refugee
Resettlement, Administration for Children and Families, Mary E. Switzer
Building, 330 C Street SW., Washington, DC 20201.
Notification Procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, SSN or Alien Registration Number, and
address of the individual, and the request must be signed. The
requester's letter must provide sufficient particulars to enable the
System Manager to distinguish between records on subject individuals
with the same name. Verification of identity as described in HHS's
Privacy Act regulations may be required. 45 CFR 5b.5
Record Access Procedures:
Individuals seeking access to a record about themselves in this
system of records should address written inquiries to the System
Manager. The request should include the name, telephone number and/or
email address, SSN or Alien Registration Number, and address of the
individual, and should be signed. The requester's letter must provide
sufficient particulars to enable the System Manager to distinguish
between records on subject individuals with the same name. Verification
of identity as described in HHS's Privacy Act regulations may be
required. 45 CFR 5b.5
Contesting Record Procedures:
Individuals seeking to amend a record about themselves in this
system of records should address the request for amendment to the
System Manager. The request should (1) include the name, telephone
number and/or email address, SSN or Alien Registration Number, and
address of the individual, and should be signed; (2) identify the
system of records that the individual believes includes his or her
records or otherwise provide enough information to enable the
identification of the individual's record; (3) identify the information
that the individual believes in not accurate, relevant, timely, or
complete; (4) indicate what corrective action is sought; and (5)
include supporting justification or documentation for the requested
amendment. Verification of identity as described in HHS's Privacy Act
regulations may be required. 45 CFR 5b.5
Record Source Categories:
Record subjects, family members, private individuals, private and
public hospitals, doctors, law enforcement
[[Page 46686]]
agencies and officials, private attorneys, facilities reports, third
parties, foreign governments, other federal agencies, state and local
governments, agencies and instrumentalities.
Exemptions Claimed for the System:
None.
System Number:
09-80-0325.
System Name:
ORR Internet Refugee Arrivals Data System (iRADS).
Security Classification:
Unclassified.
System Location:
Office of Refugee Resettlement (ORR), Administration for Children
and Families (ACF), Department of Health and Human Services (HHS), Mary
E. Switzer Building, 330 C Street SW., Washington, DC. A list of
contractor sites where individually identifiable data are currently
located is available upon request to the system manager.
Categories of Individuals Covered by the System:
Records pertain to the following individuals:
Individuals who are paroled as a refugee or asylee under 8
U.S.C. 1182(d)(5) [section 212(d)(5) of the Immigration and Nationality
Act (INA)].
Individuals admitted as a refugee under 8 U.S.C. 1157
(section 207 of INA).
Individuals granted asylum under 8 U.S.C. 1158 (section
208 of INA).
Cuban and Haitian entrants, in accordance with
requirements in Public Law 97-35, title V, Sec. Sec. 543(a)(2), 547 [8
U.S.C. 1522 (note)] and 45 CFR part 401.
Certain Amerasians from Vietnam who are admitted to the
U.S. as immigrants pursuant to 8 U.S.C. 1101 note (Amerasian
Immigration).
Iraqi or Afghan Special Immigrant Visa-holders admitted
under the Consolidated Appropriations Act of 2008 (Pub. L. 110-161,
Division G, Title V, Section 525) or the National Defense Authorization
Act for FY 2008 (Pub. L. 110-181, Division A, Title XII, Section 1244).
Certified victims of a severe form of human trafficking as
defined under 22 U.S.C. 7105(b)(1)(c) (Trafficking Victims Protection
Act of 2000).
Individuals admitted for permanent residence, provided the
individual previously held one of the statuses identified above.
The Privacy Act applies only to U.S. persons (citizens of the
United States or aliens lawfully admitted for permanent residence in
the United States). As a matter of discretion, ORR will treat
information that it maintains in its mixed systems of records as being
subject to the provisions of the Privacy Act, regardless of whether or
not the information relates to U.S. persons covered by the Privacy Act.
This implements a 1975 Office of Management and Budget (OMB)
recommendation to apply, as a matter of policy, the administrative
provisions of the Privacy Act to records about non-U.S. persons in
mixed systems of records (referred to as the non-U.S. persons policy).
Categories of Records in the System:
Records consist of automated database records; data elements
include but are not limited to: Alien Number, Full Name, Birth Date,
Arrival Date or Date of Grant of Asylum, Immigration Status (Refugee,
Asylee, etc), Marital Status, Age, Gender, Ethnicity (for populations
other than Asylees), Full Address (City, State, Zip Code), County,
Birth Country, Citizenship Country, Country of Origin, English Ability,
Occupational Skills, Health Status, Administrative Data (e.g.,
voluntary resettlement agency).
Authority for Maintenance of the System:
8 U.S.C. 1521 et seq.
Purpose(s):
Records are used by HHS/ACF/ORR to generate data needed to allocate
funds for Formula Social Services and Targeted Assistance grants
according to statutory formulas established under 8 U.S.C.
1522(c)(1)(B) & (c)(2)(B); extract samples for the Annual Survey of
Refugees, which collects information on the economic adjustment of
refugees; and support other budget and grant requirements and data
requests from within and outside ORR. This system of records does not
collect new information but consolidates information on eligible
populations obtained from other agencies.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release information from this system of records without
the consent of the data subject. Each proposed disclosure of
information under these routine uses will be evaluated to ensure that
the disclosure is legally permissible, including but not limited to
ensuring that the purpose of the disclosure is compatible with the
purpose for which the information was collected.
1. Disclosure for Law Enforcement Purpose. Information may be
disclosed to the appropriate federal, state, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
2. Disclosure for Private Relief Legislation. Information may be
disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A 19.
3. Disclosure to Congressional Office. Information may be disclosed
to a congressional office from the record of an individual in response
to a written inquiry from the congressional office made at the written
request of the individual.
4. Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
any employee of HHS in his or her official capacity; or
any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
the United States, if HHS determines that litigation is
likely to affect HHS or any of its components,
is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or HHS is deemed
by HHS to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
5. Disclosure to the National Archives. Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
6. Disclosure to Contractor. Information may be disclosed to a
contractor performing or working on a contract for HHS and who has a
need to have access to the information in the performance of its duties
or activities for HHS.
7. Disclosure for Administrative Claim, Complaint, and Appeal.
[[Page 46687]]
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
8. Disclosure in Connection with Litigation. Information may be
disclosed in connection with litigation or settlement discussions
regarding claims by or against HHS, including public filing with a
court, to the extent that disclosure of the information is relevant and
necessary to the litigation or discussions.
9. Disclosure Incident to Requesting Information. Information may
be disclosed (to the extent necessary to identify the individual,
inform the source of the purpose of the request, and to identify the
type of information requested), to any source from which additional
information is requested when necessary to obtain information relevant
to an agency decision concerning benefits.
10. Disclosure in the Event of a Security Breach. Information may
be disclosed to appropriate federal agencies and Department contractors
that have a need to know the information for the purpose of assisting
the Department's efforts to respond to a suspected or confirmed breach
of the security or confidentiality of information maintained in this
system of records, provided the information disclosed is relevant and
necessary for that assistance.
11. Disclosure for Cybersecurity Monitoring Purposes. Records may
be disclosed to the U.S. Department of Homeland Security (DHS) if
captured in an intrusion detection system used by HHS and DHS pursuant
to a DHS cybersecurity program that monitors Internet traffic to and
from federal government computer networks to prevent a variety of types
of cybersecurity incidents.
Information may also be disclosed from this system of records to
parties outside HHS for any of the uses authorized directly in the
Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(11).
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System--
Storage:
Records are stored in a computer database operated by a contractor.
Retrievability:
Records are retrieved by ``A'' (alien) number or by name, date of
birth, or date of entry.
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
Records are retained permanently; they are offered to the National
Archives every five years (see N1-292-90-04, item 15).
System Manager and Address:
Division Director, Division of Budget Policy and Data Analysis,
Office of Refugee Resettlement, Administration for Children and
Families, Department of Health and Human Services, Mary E. Switzer
Building, 330 C Street SW., Washington, DC 20201.
Notification Procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, Alien Number, and address of the
individual, and the request must be signed. Verification of identity as
described in HHS's Privacy Act regulations may be required. 45 CFR 5b.5
The requestor's letter must also provide sufficient particulars to
enable ACF to distinguish between records on subject individuals with
the same name.
Record Access Procedures:
Individuals seeking access to a record about themselves in this
system of records should address written inquiries to the System
Manager. The request should include the name, telephone number and/or
email address, Alien Number, and address of the individual, and should
be signed. Verification of identity as described in HHS's Privacy Act
regulations may be required. 45 CFR 5b.5
The requestor's letter must also provide sufficient particulars to
enable ACF to distinguish between records on subject individuals with
the same name.
Contesting Record Procedures:
Individuals seeking to amend a record about themselves in this
system of records should address the request for amendment to the
System Manager. The request should (1) include the name, telephone
number and/or email address, Alien Number, and address of the
individual, and should be signed; (2) provide the name or other
information about the project that the individual believes contains his
or her records; (3) identify the information that the individual
believes is not accurate, relevant, timely, or complete; (4) indicate
what corrective action is sought; and (5) include supporting
justification or documentation for the requested amendment.
Verification of identity as described in HHS's Privacy Act regulations
may be required. 45 CFR 5b.5
Record Source Categories:
Record subjects, Department grantees, and social service agencies.
Refugee arrival data from the Department of State's Worldwide Refugee
Arrivals Processing System (WRAPS); legacy refugee arrival data from
the Department of State's Refugee Data Center; Department of Homeland
Security (DHS) U.S. Citizenship and Immigration Services (USCIS) asylum
corps grant data and I-730 asylee derivative data with some data
elements provided by Customs and Border Protection; DHS/Customs and
Border Protection (CBP) data regarding Cubans and Haitians entering the
U.S. at land borders or Ports of Entry other than Miami, FL, as well as
Iraqi and Afghan Special Immigrants (starting in FY 2008); the
Department of Justice (DOJ) Executive Office of Immigration Review
(EOIR) asylum grant data; the United States Conference of Catholic
Bishops (USCCB) and Church World Services in Miami, FL data for Cuban
and Haitian entrants and Havana parolees (including data on Cuban
Medical Parolees) entering the U.S. through the Port of Miami; the I-
643 form (OMB No. 1615-0070), completed by refugees and asylees, Cuban
and Haitian entrants, and Amerasians and submitted to USCIS or ORR when
filing an application for adjustment of status.
Exemptions Claimed for the System:
None.
System Number:
09-80-0327.
System Name:
ORR Repatriation Program Records.
Security Classification:
Unclassified.
[[Page 46688]]
System Location:
Office of Refugee Resettlement (ORR), Administration for Children
and Families (ACF), Department of Health and Human Services (HHS), Mary
E. Switzer Building, 330 C Street SW., Washington, DC.
Categories of Individuals Covered by the System:
U.S. citizens and their dependents receiving temporary assistance
who have been identified by the Department of State as having returned,
or been brought from a foreign country to the U.S. because of
destitution, illness, war, threat of war, or a similar crisis.
Categories of Records in the System:
Records consist of case files, containing:
Identifying information including but not limited to name,
date of birth, place of birth, gender, Social Security Number (SSN),
passport number, case number, citizenship, address;
service information, including but not limited to type of
case (settlement or exception), resettlement state, case activity
(dates and notes);
types of assistance requested, including but not limited
to financial, food, travel, clothing, medical, other;
types of assistance provided, including but not limited to
identification numbers, service providers, cost information;
medical information, including but not limited to
diagnosis, prognosis, mental health status, hospitalization;
next-of-kin information, including next of kin name,
identification number, address, relationship, telephone numbers;
repayment information, including but not limited to
deferrals, extensions, referrals to collection agencies and Internal
Revenue Service, payments; and
travel plans, including but not limited to name of escort,
destinations, flight numbers, dates of travel.
Authority for Maintenance of the System:
Section 1113 of the Social Security Act, 42 U.S.C. 1313 (Assistance
for U.S. Citizens Returned from Foreign Countries) and 24 U.S.C. 321-
329 (Hospitalization of mentally ill nationals returned from foreign
countries).
Purpose(s):
Records are used by HHS/ACF/ORR to administer the United States
Repatriation Program, which provides temporary assistance to U.S.
citizens and their dependents who have been identified by the
Department of State as having returned, or been brought from a foreign
country to the U.S. because of destitution, illness, war, threat of
war, or a similar crisis. Temporary assistance may include money
payments, medical care, temporary billeting, transportation, and other
goods and services necessary for the health or welfare of individuals
(including guidance, counseling, and other welfare services), furnished
to United States citizens and their dependents who are without
available resources in the U.S. upon their arrival from abroad and for
up to 90 days after their arrival, not exceeding 90 days as may be
provided in regulations of the Secretary of HHS. All temporary
assistance provided under the Program and allocable to individual
recipients is repayable to the federal government. HHS' Program Support
Center administers debt collection for these repayments.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release information from this system of records without
the consent of the data subject. Each proposed disclosure of
information under these routine uses will be evaluated to ensure that
the disclosure is legally permissible, including but not limited to
ensuring that the purpose of the disclosure is compatible with the
purpose for which the information was collected.
1. Disclosure to Department of State. Information may be disclosed
to the Department of State in connection with determinations of
eligibility, referral, planning, and provision of temporary assistance
of or in cases referred to HHS.
2. Disclosure to States. Information may be disclosed to the states
in connection with coordination and/or provision of temporary services
for eligible repatriates.
3. Disclosure to Service Provider. Information may be disclosed to
providers of services (e.g. community-based organizations, hospitals)
and to local state institutions (e.g., courts and social service
agencies) that assist in coordination and/or the provision of temporary
services.
4. Disclosure to Agency for Temporary Services. Information may be
disclosed to other federal agencies and non-governmental agencies for
planning or provision of temporary services to eligible repatriates.
Federal agencies include but are not limited to Department of
State, Department of Defense, Department of Justice, Department of
Homeland Security, Department of Housing and Urban Development, Federal
Emergency Management Agency, Department of Agriculture, and United
States Department of Transportation. Non-governmental agencies include
but are not limited to American Red Cross and Salvation Army.
5. Disclosure for Law Enforcement Purpose. Information may be
disclosed to the appropriate federal, state, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
6. Disclosure Incident to Requesting Information. Information may
be disclosed (to the extent necessary to identify the individual,
inform the source of the purpose of the request, and to identify the
type of information requested), to any source from which additional
information is requested when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring), retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
7. Disclosure for Employee Retention, Security Clearance, Contract,
or Other Benefit. Disclosure may be made to a federal, state, local,
foreign, or tribal or other public authority of the fact that this
system of records contains information relevant to the retention of an
employee, the retention of a security clearance, the letting of a
contract, or the issuance or retention of a license, grant, or other
benefit. The other agency or licensing organization may then make a
request supported by the written consent of the individual for the
entire record if it so chooses. No disclosure will be made unless the
information has been determined to be sufficiently reliable to support
a referral to another office within HHS or to another federal agency
for criminal, civil, administrative, personnel, or regulatory action.
8. Disclosure for Private Relief Legislation. Information may be
disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A 19.
9. Disclosure to Congressional Office. Information may be disclosed
to a congressional office from the record of an individual in response
to a written
[[Page 46689]]
inquiry from the congressional office made at the written request of
the individual.
10. Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
any employee of HHS in his or her official capacity; or
any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
the United States, if HHS determines that litigation is
likely to affect HHS or any of its components,
is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or HHS is deemed
by HHS to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
11. Disclosure to the National Archives. Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
12. Disclosure to Contractors, Grantees, and Others. Information
may be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for HHS and who have a need to have
access to the information in the performance of their duties or
activities for HHS.
13. Disclosure for Administrative Claim, Complaint, and Appeal.
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
14. Disclosure to Office of Personnel Management. Information may
be disclosed to the Office of Personnel Management pursuant to that
agency's responsibility for evaluation and oversight of federal
personnel management.
15. Disclosure in Connection with Litigation. Information may be
disclosed in connection with litigation or settlement discussions
regarding claims by or against HHS, including public filing with a
court, to the extent that disclosure of the information is relevant and
necessary to the litigation or discussions.
16. Disclosure in the Event of a Security Breach. Information may
be disclosed to appropriate federal agencies and Department contractors
that have a need to know the information for the purpose of assisting
the Department's efforts to respond to a suspected or confirmed breach
of the security or confidentiality of information maintained in this
system of records, provided the information disclosed is relevant and
necessary for that assistance.
17. Disclosure for Cybersecurity Monitoring Purposes. Records may
be disclosed to the U.S. Department of Homeland Security (DHS) if
captured in an intrusion detection system used by HHS and DHS pursuant
to a DHS cybersecurity program that monitors Internet traffic to and
from federal government computer networks to prevent a variety of types
of cybersecurity incidents.
Information may also be disclosed from this system of records to
parties outside HHS for any of the uses authorized directly in the
Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(12).
Disclosure to Consumer Reporting Agencies:
The HHS Program Support Center may make disclosures to consumer
reporting agencies regarding debts referred from repatriation
activities. See System of Records 09-40-0012 Debt Management and
Collection System.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System--
Storage:
Records are stored on grantee's computer network and safe/file
cabinet.
Retrievability:
Records are retrieved by name of recipient, case file, or SSN.
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
Files are transferred to a Federal Records Center one year after
termination of collection efforts, and are destroyed five years after
termination of collection efforts (see N1-292-93-1).
System Manager and Address:
Manager, Repatriation Program, Office of Refugee Resettlement,
Administration for Children and Families, Department of Health and
Human Services, Mary E. Switzer Building, 330 C Street SW., Washington,
DC 20201.
Notification Procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, SSN, and address of the individual, and
the request must be signed. The requester's letter must provide
sufficient particulars to enable the System Manager to distinguish
between records on subject individuals with the same name. Verification
of identity as described in HHS's Privacy Act regulations may be
required. 45 CFR 5b.5
Record Access Procedures:
Individuals seeking access to a record about themselves in this
system of records should address written inquiries to the System
Manager. The request should include the name, telephone number and/or
email address, SSN, and address of the individual, and should be
signed. The requester's letter must provide sufficient particulars to
enable the System Manager to distinguish between records on subject
individuals with the same name. Verification of identity as described
in HHS's Privacy Act regulations may be required. 45 CFR 5b.5
Contesting Record Procedures:
Individuals seeking to amend a record about themselves in this
system of records should address the request for amendment to the
System Manager. The request should (1) include the name, telephone
number and/or email address, SSN, and address of the individual, and
should be signed; (2) identify the system of records that the
individual believes includes his or her records or otherwise provide
enough information to enable the identification of the individual's
record; (3) identify the information that the individual believes in
not accurate, relevant, timely, or complete; (4) indicate what
corrective action is sought; and (5) include supporting justification
or documentation for the
[[Page 46690]]
requested amendment. Verification of identity as described in HHS's
Privacy Act regulations may be required. 45 CFR 5b.5.
Record Source Categories:
Information may be obtained from a wide variety of institutions and
individuals involved who may be in the process or repatriation and/or
deportation. Sources include the record subject; representatives and
relatives of the record subject; Department of State and other federal
agencies; international agencies; foreign governments; social service
organizations; employers; state agencies; health care institutions; and
other sources including public information.
Exemptions Claimed for the System:
None.
System Number:
09-80-0329.
System Name:
ORR Unaccompanied Refugee Minors Records.
Security Classification:
Unclassified.
System Location:
Office of Refugee Resettlement (ORR), Administration for Children
and Families (ACF), Department of Health and Human Services (HHS), Mary
E. Switzer Building, 330 C Street SW., Washington, DC.
Categories of Individuals Covered by the System:
Refugee unaccompanied children who are admitted from refugee camps
overseas or determined eligible after arrival in the United States and
do not have a parent or a relative available and committed to providing
for their long term care; children eligible for benefits as victims of
a severe form of trafficking; entrant children with Cuban-Haitian
Entrant designation; and unaccompanied minor children granted asylum in
the United States, Special Immigrant Juvenile Status, or U status.
The Privacy Act applies only to U.S. persons (citizens of the
United States or aliens lawfully admitted for permanent residence in
the United States). As a matter of discretion, ORR will treat
information that it maintains in its mixed systems of records as being
subject to the provisions of the Privacy Act, regardless of whether or
not the information relates to U.S. persons covered by the Privacy Act.
This implements a 1975 Office of Management and Budget (OMB)
recommendation to apply, as a matter of policy, the administrative
provisions of the Privacy Act to records about non-U.S. persons in
mixed systems of records (referred to as the non-U.S. persons policy).
Categories of Records in the System:
Records consist of database records and hard copy case files:
The database includes information reported on ORR Forms 3
and 4 (name, address, alien number, country of origin, immigration
classification, parents' names, national and local refugee resettlement
agency, child welfare agency, school progress, English language
acquisition, education progress, social adjustment, health conditions,
family reunion, emancipation information, etc.), eligibility
determinations, identifying information, placement, and progress
summaries are recorded.
Hard copy case files include letters and forms documenting
the reclassification and designation of individuals covered by the
systems, tracking documents, and case notes. Electronic files include
messages used for determining placements.
Authority for Maintenance of the System:
8 U.S.C. 1521, 1522; Title V of the Refugee Education Assistance
Act of 1980, 8 U.S.C. 1522 note.
Purpose(s):
Records are used by HHS/ACF/ORR to establish legal responsibility,
under state law, to ensure that unaccompanied minor refugees and
entrants receive the full range of assistance, care, and services which
are available to all foster children in the state; a legal authority is
designated to act in place of the child's unavailable parent(s).
Reunification of children with their parents or other appropriate adult
relatives is encouraged, through family tracing and coordination with
local refugee resettlement agencies. Additional services provided
include: Indirect financial support for housing, food, clothing,
medical care and other necessities; intensive case management by social
workers; independent living skills training; educational supports;
English language training; career/college counseling and training;
mental health services; assistance adjusting immigration status;
cultural activities; recreational opportunities; support for social
integration; and cultural and religious preservation.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release information from this system of records without
the consent of the data subject. Each proposed disclosure of
information under these routine uses will be evaluated to ensure that
the disclosure is legally permissible, including but not limited to
ensuring that the purpose of the disclosure is compatible with the
purpose for which the information was collected.
1. Disclosure to Attorney. Information may be disclosed to an
attorney or representative (as defined in 8 CFR 1.2) who is acting on
behalf of an individual covered by this system of records in connection
with any proceeding before the Department of Homeland Security or the
Executive Office for Immigration Review.
2. Disclosure to a Protection or Advocacy Organization. Information
may be disclosed to a protection or advocacy organization when access
is authorized and the request is appropriately made under the
Protection and Advocacy for Individuals with Mental Illness Act, 42
U.S.C. 10801 et seq.
3. Disclosure to Department of Homeland Security for Immigration
Relief. Information may be disclosed to the Department of Homeland
Security for the purpose of adjudicating or deciding immigration
relief.
4. Disclosure to Service Provider. Information may be disclosed to
a provider of services to refugee minors, foster care agency, national
voluntary refugee resettlement agency, or to a local, county or State
institution (e.g., State refugee coordinator, child welfare agency,
court, or social service agency) involved in resettlement activities.
5. Disclosure for Law Enforcement Purpose. Information may be
disclosed to the appropriate federal, state, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
6. Disclosure for Private Relief Legislation. Information may be
disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A 19.
7. Disclosure to Congressional Office. Information may be disclosed
to a congressional office from the record of an individual in response
to a written
[[Page 46691]]
inquiry from the congressional office made at the written request of
the individual.
8. Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
any employee of HHS in his or her official capacity; or
any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
the United States, if HHS determines that litigation is
likely to affect HHS or any of its components,
is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or HHS is deemed
by HHS to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
9. Disclosure to the National Archives. Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
10. Disclosure to Contractors, Grantees, and Others. Information
may be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for HHS and who have a need to have
access to the information in the performance of their duties or
activities for HHS.
11. Disclosure for Administrative Claim, Complaint, and Appeal.
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
12. Disclosure to Office of Personnel Management. Information from
this system of records may be disclosed to the Office of Personnel
Management pursuant to that agency's responsibility for evaluation and
oversight of federal personnel management.
13. Disclosure in Connection with Litigation. Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against HHS, including
public filing with a court, to the extent that disclosure of the
information is relevant and necessary to the litigation or discussions.
14. Disclosure in the Event of a Security Breach. Information may
be disclosed to appropriate federal agencies and Department contractors
that have a need to know the information for the purpose of assisting
the Department's efforts to respond to a suspected or confirmed breach
of the security or confidentiality of information maintained in this
system of records, provided the information disclosed is relevant and
necessary for that assistance.
15. Disclosure for Cybersecurity Monitoring Purposes. Records may
be disclosed to the U.S. Department of Homeland Security (DHS) if
captured in an intrusion detection system used by HHS and DHS pursuant
to a DHS cybersecurity program that monitors Internet traffic to and
from federal government computer networks to prevent a variety of types
of cybersecurity incidents.
Information may also be disclosed from this system of records to
parties outside HHS for any of the uses authorized directly in the
Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(11).
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System--
Storage:
Computer records are stored on a computer network. Paper records
are stored in file folders.
Retrievability:
Records of refugee unaccompanied minors, reclassified refugee
unaccompanied minors, children who are eligible for benefits as victims
of a severe form of trafficking, entrant minor children of the Cuban-
Haitian Entrant programs and minor children granted asylum, Special
Immigrant Juvenile Status or U status are retrieved by name and alien
numbers from the ORR database.
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
Database records are retained permanently; they are offered to the
National Archives every five years (see N1-292-90-04, item 15). Case
files are retained for five years following receipt of the final
progress report (see N1-292-90-4, item 34).
System Manager and Address:
Director, Division of Children's Services, Office of Refugee
Resettlement, Administration for Children and Families, Department of
Health and Human Services, Mary E. Switzer Building, 330 C Street SW.,
Washington, DC 20201.
Notification procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, Alien Number, and address of the
individual, and the request must be signed. The requester's letter must
provide sufficient particulars to enable the System Manager to
distinguish between records on subject individuals with the same name.
Verification of identity as described in HHS's Privacy Act regulations
may be required. 45 CFR 5b.5
Record Access Procedures:
Individuals seeking access to a record about themselves in this
system of records should address written inquiries to the System
Manager. The request should include the name, telephone number and/or
email address, Alien Number, and address of the individual, and should
be signed. The requester's letter must provide sufficient particulars
to enable the System Manager to distinguish between records on subject
individuals with the same name. Verification of identity as described
in HHS's Privacy Act regulations may be required. 45 CFR 5b.5
Contesting Record Procedures:
Individuals seeking to amend a record about themselves in this
system of records should address the request for amendment to the
System Manager. The request should (1) include the name, telephone
number and/or email address, Alien Number, and address of the
individual, and should be signed; (2) identify the system of records
that the individual believes includes his or her
[[Page 46692]]
records or otherwise provide enough information to enable the
identification of the individual's record; (3) identify the information
that the individual believes in not accurate, relevant, timely, or
complete; (4) indicate what corrective action is sought; and (5)
include supporting justification or documentation for the requested
amendment. Verification of identity as described in HHS's Privacy Act
regulations may be required. 45 CFR 5b.5
Record Source Categories:
Record subject, national and local voluntary refugee resettlement
agencies, child welfare agencies, family members, private individuals,
private and public hospitals, doctors, law enforcement agencies and
officials, private attorneys, facilities reports, third parties, other
Federal agencies, State and local governments, agencies and
instrumentalities.
Exemptions Claimed for the System:
None.
System Number:
09-80-0388.
System Name:
ORR Refugee Suicide Database.
Security Classification:
Unclassified.
System Location:
Datacenter for Administration for Children and Families (ACF),
Department of Health and Human Services (HHS), Mary E. Switzer
Building, 330 C Street SW., Washington, DC
Categories of Individuals Covered by the System:
Records pertain to individuals in ORR populations reported as
unsuccessfully attempting a suicide in the United States. ORR
populations include refugees, asylees, Cuban/Haitian entrants, Afghan
and Iraqi Special Immigrants, certain Amerasians, and victims of human
trafficking.
The Privacy Act applies only to U.S. persons (citizens of the
United States or aliens lawfully admitted for permanent residence in
the United States). As a matter of discretion, ORR will treat
information that it maintains in its mixed systems of records as being
subject to the provisions of the Privacy Act, regardless of whether or
not the information relates to U.S. persons covered by the Privacy Act.
This implements a 1975 Office of Management and Budget (OMB)
recommendation to apply, as a matter of policy, the administrative
provisions of the Privacy Act to records about non-U.S. persons in
mixed systems of records (referred to as the non-U.S. persons policy).
Categories of Records in the System:
Records consist of data reported by states and other resettlement
organizations, using the Refugee Suicide and Self-Harm Report Form,
which ORR enters into spreadsheets. The records may include the
following information about the individual who attempted suicide: Alien
number; country of origin; age; gender; residence (city/county, state);
estimated length of time in the U.S.; date of suicide attempt; outcome
of suicide attempt; household members (type of relationship); ORR
population type; current immigration status; marital/relationship
status; employment status at time of suicide attempt; health insurance
status; English proficiency; religion; method of suicide attempted;
place of occurrence; contributing factors; and mental health concerns.
Authority of Maintenance of the System:
Section 412(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1522(b)(4))
Purpose(s):
ORR will use records in the Refugee Suicide Database to identify
trends and factors related to suicidal behavior among ORR populations.
Additionally, ORR will use the records to plan, implement, and evaluate
suicide prevention and intervention activities, in collaboration with
local, state, and national government agencies and organizations
serving the refugee population.
Routine uses of records maintained in the system, including categories
of users and the purposes of such users:
These routine uses specify circumstances under which ACF may
disclose information from this system of records without the prior
written consent of the data subject. Each proposed disclosure of
information under these routine uses will be evaluated to ensure that
the disclosure is legally permissible, including but not limited to
ensuring that the purpose of the disclosure is compatible with the
purpose for which the information was collected.
1. Disclosure to Government Agencies and Organizations Assisting
the Refugee Population. Information will be shared with local, state,
and national government agencies and organizations serving the refugee
population, for the purpose of collaborating with them to plan,
implement, and evaluate suicide prevention and intervention activities.
2. Disclosure to Contractors, Grantees, and Others. Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or memorandum of understanding, or other activity for
HHS related to the purposes of the system, and who have a need to have
access to the information in the performance of their duties or
activities for HHS.
3. Disclosure in the Event of a Security Breach. Records may be
disclosed to appropriate federal agencies and Department contractors
that have a need to know the information for the purpose of assisting
the Department's efforts to respond to a suspected or confirmed breach
of the security or confidentiality of information maintained in this
system of records, when the information disclosed is relevant and
necessary for that assistance.
4. Disclosure for Cybersecurity Monitoring Purposes. Records may be
disclosed to the U.S. Department of Homeland Security (DHS) if captured
in an intrusion detection system used by HHS and DHS pursuant to a DHS
cybersecurity program that monitors Internet traffic to and from
federal government computer networks to prevent a variety of types of
cybersecurity incidents.
Information may also be disclosed from this system of records to
parties outside HHS for any of the uses authorized directly in the
Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(11).
Disclosures to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System--
Storage:
Records are stored in an electronic database on a computer network.
Retrievability:
Records are retrieved by alien number.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies. Records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. Access to the records is restricted to authorized
personnel (a limited number of
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employees in ORR with access to the database, and a limited number of
employees in other HHS offices, e.g., CDC and SAMHSA, receiving data
from ORR) who are advised of the confidentiality of the records and the
civil and criminal penalties for misuse. Personnel with authorized
access to the system are provided privacy and security training for
electronically stored information. The records are processed and stored
in a secure environment. All records are stored in an area that is
physically safe from access by unauthorized persons at all times.
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
The records will be retained indefinitely pending scheduling with
the National Archives and Records Administration (NARA). Because the
records will have continuing value for epidemiological purposes, the
retention period proposed to NARA may be 100 years or longer.
System manager and address:
Director, Division of Refugee Health, Office of Refugee
Resettlement, Administration for Children and Families, Mary E. Switzer
Building, 330 C Street SW., Washington, DC 20201.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about them should address written inquiries to the
System Manager. The request should include the alien number, age,
telephone number, and/or email address of the individual data subject.
The request must be signed by the requester. Verification of identity
as described in the Department's Privacy Act regulations may be
required (see 45 CFR 5b.5). If the individual data subject is a minor
or is legally incompetent, the individual's legal representative
(parent or court-appointed guardian) may request notification on the
individual's behalf. The representative must provide verification of
identity and competent evidence of the parent or guardian relationship.
Record access procedures:
Individuals seeking access to a record about them in this system of
records should address written inquiries to the System Manager. The
request should include the alien number, age, telephone number, and/or
email address of the individual. The request must be signed by the
individual to whom such information pertains. Verification of identity
as described in the Department's Privacy Act regulations may be
required (see 45 CFR 5b.5). If the individual data subject is a minor
or is legally incompetent, the individual's legal representative
(parent or court-appointed guardian) may request access on the
individual's behalf. The representative must provide verification of
identity and competent evidence of the parent or guardian relationship.
Contesting record procedures:
Individuals seeking to amend a record about them in this system of
records should address the request for amendment to the System Manager.
The request should:
Include the alien number, age, telephone number, and/or
email address of the individual, and should be signed by the individual
to whom such information pertains;
identify the system of records that the individual
believes includes his or her records or otherwise provide enough
information to enable the identification of the individual's record;
identify the information that the individual believes is
not accurate, relevant, timely or complete;
indicate what corrective action is sought; and
include supporting justification or documentation for the
requested amendment.
Verification of identity as described in the Department's Privacy
Act regulations may be required (see 45 CFR 5b.5). If the individual
data subject is a minor or is legally incompetent, the individual's
legal representative (parent or court-appointed guardian) may make an
amendment request on the individual's behalf. The representative must
provide verification of identity and competent evidence of the parent
or guardian relationship.
Record source categories:
The information maintained in the system is provided by states and
other resettlement organizations when they report a suicide attempt
using the Refugee Suicide and Report Form. The State Refugee
Coordinator and State Refugee Health Coordinator will be primarily
responsible for reporting this information. They will collect the
information from various sources within the state including refugee
resettlement agencies, public health departments, ethnic-based
community organizations, and refugee community leaders.
Exemptions claimed for the system:
None.
[FR Doc. 2016-16812 Filed 7-15-16; 8:45 am]
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