Privacy Act of 1974; System of Records, 7178-7182 [2022-02535]
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7178
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
Federal Register notice seeks public
comment on one or more of our
collection of information requests that
we believe are generic and fall within
the scope of the umbrella. Interested
persons are invited to submit comments
regarding our burden estimates or any
other aspect of this collection of
information, including: The necessity
and utility of the proposed information
collection for the proper performance of
the agency’s functions, the accuracy of
the estimated burden, ways to enhance
the quality, utility and clarity of the
information to be collected, and the use
of automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
DATES: Comments must be received by
February 22, 2022.
ADDRESSES: When commenting, please
reference the applicable form number
(see below) and the OMB control
number (0938–1148). To be assured
consideration, comments and
recommendations must be submitted in
any one of the following ways:
1. Electronically. You may send your
comments electronically to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ or ‘‘More Search Options’’
to find the information collection
document(s) that are accepting
comments.
2. By regular mail. You may mail
written comments to the following
address: CMS, Office of Strategic
Operations and Regulatory Affairs,
Division of Regulations Development,
Attention: CMS–10398 (#74)/OMB
control number: 0938–1148, Room C4–
26–05, 7500 Security Boulevard,
Baltimore, Maryland 21244–1850.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, you may access CMS’
website at https://www.cms.gov/
Regulations-and-Guidance/Legislation/
PaperworkReductionActof1995/PRAListing.
FOR FURTHER INFORMATION CONTACT:
William N. Parham at (410) 786–4669.
SUPPLEMENTARY INFORMATION: Following
is a summary of the use and burden
associated with the subject information
collection(s). More detailed information
can be found in the collection’s
supporting statement and associated
materials (see ADDRESSES).
Generic Information Collections
1. Title of Information Collection:
Managed Care Rate Setting Guidance;
Type of Information Collection Request:
Revision of a currently approved
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collection; Use: The rate guide provides
guidance and template content for state
submission of actuarial rate
certifications for Medicaid managed
care capitation rates per 42 CFR 438.4
through 438.7. States are required to
submit rate certifications for all
Medicaid managed care capitation rates
per § 438.7. The guide specifies our
requirements for the rate certification
and details what types of
documentation should be included. The
elements include descriptions of data
used, projected benefit and non-benefit
costs, rate range development, risk and
contract provisions, and other
considerations in all rate setting
packages. It also details expectations for
states when they submit rate
certifications. Section 1903(m) of the
Social Security Act requires that the
capitation rates paid to Medicaid
managed care organizations (MCOs) are
actuarially sound. States must submit a
rate certification for each set of
capitation rates developed. Section
438.7(e) requires that CMS annually
publish this guidance. Form Number:
CMS–10398 (#37) (OMB control
number: 0938–1148); Frequency: Yearly;
Affected Public: State, Local, or Tribal
Governments; Number of Respondents:
56; Total Annual Responses: 135; Total
Annual Hours: 608. For policy questions
regarding this collection contact:
Rebecca Burch-Mack at 303–844–7355.
Dated: February 3, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office
of Strategic Operations and Regulatory
Affairs.
[FR Doc. 2022–02580 Filed 2–7–22; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Privacy Act of 1974; System of
Records
Office of Refugee Resettlement
(ORR), Administration for Children and
Families (ACF), HHS.
ACTION: Notice of a modified system of
records, and rescindment of a system of
records notice.
AGENCY:
The Department of Health and
Human Services (HHS) is modifying a
system of records maintained by the
Office of Refugee Resettlement (ORR)
within HHS’ Administration for
Children and Families (ACF), number
09–80–0325, titled ‘‘Internet Refugee
Arrivals Data System (iRADS),’’ and is
SUMMARY:
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renaming it ‘‘Refugee Arrivals Data
System (RADS).’’ In addition, HHS is
rescinding system of records number
09–80–0329, titled ‘‘ORR
Unaccompanied Refugee Minors
Records,’’ as duplicative of modified
system of records 09–80–0325. The
modifications are explained in the
SUPPLEMENTARY INFORMATION section of
this notice.
DATES: This notice is applicable
February 8, 2022, subject to a 30-day
period in which to comment on the new
routine uses, described below. Please
submit any comments by March 10,
2022.
ADDRESSES: The public should address
written comments by mail or email to:
Anita Alford, Senior Official for Privacy,
Administration for Children and
Families, 330 C Street SW, Washington,
DC 20201, or anita.alford@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
General questions about the modified
system of records may be submitted by
mail or email to: Iulia Kramer,
Administration for Children and
Families, ORR, Mary E. Switzer
Building, 330 C Street SW, Washington,
DC 20201; Email: lulia.kramar@
acf.hhs.gov, or 202–401–5686.
SUPPLEMENTARY INFORMATION:
I. Modifications to System of Records
09–80–0325
ORR plans, develops, and directs the
implementation of a domestic
resettlement assistance program for
refugees and other eligible populations
described in the Categories of
Individuals section of the below System
of Records Notice (SORN). ORR
provides resources to assist these
populations with successful integration
into American society. ORR’s social
services help refugees become selfsufficient 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 refugee minors (URM)
without lawful immigration status.
ORR is continuously enhancing data
collection and record keeping for the
many programs that provide refugee
resettlement services to new arrivals.
ORR expects RADS, the information
technology (IT) platform associated with
systems of records 09–80–0325 and 09–
80–0329, to be the ‘‘one stop’’ shop for
grantees to submit data, upload case
management files, and submit
performance reports and other
information that will streamline service
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delivery, and help ORR respond in a
timely and effective manner to the
diverse needs of ORR-served
populations. ORR recently modified the
RADS IT platform to allow for increased
database capacity and increased access
by ORR’s grantees as ORR programs
transition to using RADS as the
exclusive platform.
Instead of continuing to maintain two
SORNs for the Privacy Act records in
the RADS IT platform (and for older
records which still exist in paper form),
ORR is merging the two SORNs, so that
all of the records will be covered by
SORN 09–80–0325, and SORN 09–80–
0329 will be rescinded. The records
about all populations served by ORR
(unaccompanied children, other
refugees, and other populations) have
always been used for the same two
purposes (ensuring provision of care
and services, and providing information
needed for reports, grants, budgeting,
and similar purposes); covering the
records in the same SORN will make
that clear.
This modifications to SORN 09–80–
0325 include:
• Making formatting changes required
by the Office of Management and
Budget (OMB) Circular A–108 and
minor wording changes throughout the
SORN.
• Changing the name of the system of
records from internet Refugee Arrivals
Data System (iRADS) to ORR Refugee
Arrivals Data System (RADS).
• Revising the ‘‘System Location’’
section to omit a statement that a list of
contractor sites where records are
maintained is available upon request to
the System Manager. (The IT system
used to maintain the records is now
wholly housed in the ACF Amazon Web
Services cloud and is no longer in
several contractor locations.)
• Updating the ‘‘System Manager’’
section to change the title of the official
serving as the System Manager from
Director, Division of Budget Policy and
Data Analysis, to RADS Project
Manager.
• Revising the ‘‘Categories of
Individuals’’ section to add, as the last
category, the description of
unaccompanied refugee minors from
SORN 09–80–0329; to add a note
explaining that ORR uses the terms
‘‘refugee’’ and ‘‘ORR population’’ to
describe all populations eligible to
receive ORR refugee services and
benefits; and to remove a note about a
non-U.S. persons policy, which is prone
to change.
• Revising the ‘‘Categories of
Records’’ section to combine and unify
the descriptions of records and data
elements from the two previously
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separate SORNs 09–80–0325 and 09–
80–0329, which were essentially the
same and may apply to any of the
categories of individuals.
• Revising the ‘‘Records Source
Categories’’ section to include these
sources from SORN 09–80–0329, which
may apply to any of the categories of
individuals: National and local 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. Note that ‘‘national
and local refugee resettlement agencies’’
is an updated description the
resettlement community prefers instead
of the description ‘‘national and local
voluntary refugee resettlement agencies’’
that was used in SORN 09–80–0329.
• Revising the ‘‘Routine Uses’’ section
to omit a statement at the start of the
section that disclosures made under
routine uses will be evaluated to ensure
they are ‘‘compatible with the purpose
for which the information was
collected’’ (the statement is redundant
because it repeats part of the definition
of a routine use); and to delete two
routine uses, add four new routine uses,
and revise two existing routine uses, as
follows:
Æ The law enforcement routine use,
which was numbered as routine use 1
in SORN 09–80–0325 and was not
included in SORN 09–80–0329, has
been deleted because ORR does not
disclose information about these
populations to law enforcement entities.
Æ The routine use authorizing
disclosures in administrative claim,
complaint, and appeal proceedings filed
by HHS employees, which was
numbered as routine use 7 in SORN 09–
80–0325, and as routine use 11 in SORN
09–80–0329, has been deleted because
ORR does not disclose information
about these populations in
administrative proceedings filed by
HHS employees.
Æ Routine use 3, which authorizes
disclosures to the Department of Justice,
or a court or other adjudicative body in
litigation or other proceedings, has been
revised to remove redundant wording
about ‘‘compatibility’’ (because that
repeats part of the definition of a routine
use); to use the broader term
‘‘proceedings’’ instead of ‘‘litigation’’;
and to change ‘‘his or her’’ to ‘‘the
employee’s’’ to be gender neutral.
Æ Routine use 5, which authorizes
disclosures to contractors, has been
expanded to include these additional
disclosure recipients described in the
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corresponding routine use in SORN 09–
80–0329: Grantees, consultants, and
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. The phrase ‘‘relating to the
purposes of the system of records’’ has
also been added.
Æ Routine use 11 is new; it has been
added from SORN 09–80–0329 to
authorize the disclosure of information
to an attorney or representative of an
individual in connection with any
proceeding involving the Department of
Homeland Security (DHS) or the
Executive Office for Immigration
Review. Such disclosures are not
limited to information about URM.
Æ Routine use 12 is new; it has been
added from SORN 09–80–0329 to
authorize the disclosure of information
to a Protection and Advocacy program
under the Protection and Advocacy for
Individuals with Mental Illness Act,
provided that such a request is
appropriately made. Such disclosures
are not limited to information about
URM.
Æ Routine use 13 is new; it has been
added from SORN 09–80–0329 to
authorize ORR to initiate a disclosure of
information to DHS to inquire about
DHS’ progress in adjudicating or
deciding immigration relief. Such
disclosures are not limited to
information about URM.
Æ Routine use 14 is new; it has been
added from SORN 09–80–0329 to
authorize the disclosure of information
to a provider of services to refugee
minors, foster care agency, national
voluntary refugee resettlement agency,
or to a local, county, or state institution
involved in resettlement activities. Such
disclosures are not limited to
information about URM.
• Removing the statement
‘‘Disclosure to Consumer Reporting
Agencies: None’’ as unnecessary to
include.
• Revising the ‘‘Storage’’ section to
indicate which records are in electronic
versus paper form (i.e., newer records
are electronic, and older records are in
paper form).
• Revising the ‘‘Retention’’ section to
explain that any of the records could be
either destroyed (if they do not have
historical value) or retained
permanently (acquisitioned to the
National Archives and Records
Administration), after 15 years.
(Previously, all records covered in
SORN 09–80–0325 were described as
permanently retained, and only URM
case files covered in SORN 09–80–0329
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were described as temporary records,
with a retention period of 5 years.)
• Revising the ‘‘Safeguards’’ section
to describe specific administrative,
technical, and physical safeguards used
to protect the records from unauthorized
access, instead of merely stating that
‘‘safeguards conform to the HHS
Information Security Program.’’
• Revising the procedures for making
access, amendment, and notification
requests to state that ‘‘date of birth’’
should be included and to explain how
to verify identity, instead of referring
individuals to the verification
provisions in the HHS Privacy Act
regulations.
Because some of these changes are
significant, HHS provided adequate
advance notice of the modified system
of records to OMB and Congress in
accordance with 5 U.S.C. 552a(r).
II. Rescindment of System of Records
09–80–0329
As modified in this notice, system of
records 09–80–0325 now includes
updated descriptions of the same
records previously covered in system of
records 09–80–0329. Accordingly, HHS
is rescinding system of records 09–80–
0329 as duplicative of modified SORN
09–80–0325.
Cindy Huang,
Director, Office of Refugee Resettlement,
Administration for Children and Families.
SYSTEM NAME AND NUMBER:
ORR Refugee Arrivals Data System
(RADS), 09–80–0325.
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.
SYSTEM MANAGER(S):
RADS Project Manager,
Administration for Children and
Families, ORR, Mary E. Switzer
Building, 330 C Street SW, Washington,
DC 20201; Email: iulia.kramar@
acf.hhs.gov.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1521–1524; Title V of the
Refugee Education Assistance Act of
1980, 8 U.S.C. 1522 note.
PURPOSE(S) OF THE SYSTEM:
Records about individuals in all
categories described in the Categories of
Individuals section are used by HHS/
ACF/ORR for the following purposes:
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• To ensure that appropriate
assistance, care, and services are
provided to all populations served by
ORR.
• To generate data needed to allocate
funds for Formula Social Services and
other grants according to statutory
formulas established under 8 U.S.C.
1522(c)(1)(B) and (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.
Records about URM are used for the
specific purpose of verifying that legal
responsibility for the minors is
established, under state law, and
ensuring that the minors receive the full
range of assistance, care, and services
that are available to all foster children
in the state, and any additional services
for which they are eligible.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Records pertain to the following
categories of individuals:
1. 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)).
2. Individuals admitted as a refugee
under 8 U.S.C. 1157 (section 207 of
INA).
3. Individuals granted asylum under 8
U.S.C. 1158 (section 208 of INA).
4. 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.
5. Certain Amerasians from Vietnam
who are admitted to the United States
as immigrants pursuant to 8 U.S.C. 1101
note (Amerasian Immigration).
6. 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).
7. 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).
8. Individuals admitted for permanent
residence, provided the individual
previously held one of the statuses
identified above.
9. URM 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
determined eligible after arrival include
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victims of a severe form of trafficking,
Cuban and Haitian Entrants, minors
granted asylum in the United States,
minors with Special Immigrant Juvenile
classification, and U status recipients.
(Note: ORR uses the terms ‘‘refugee’’
and ‘‘ORR population’’ to describe all
populations eligible to receive ORR
refugee services and benefits.)
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records consist of:
• Automated database records about
the listed categories of individuals
covered by the system (refugees, asylees,
etc.) that are used to consolidate and
generate information needed for reports,
grants, budgeting, and similar purposes;
and
• Electronic case files that help
determine individuals’ eligibility for
benefits and services; case documents
used for determining placements; and
reports regarding client progress.
Data elements contained in the
records include:
• Alien Number, full name, address,
birth date, age, country of origin, birth
country, citizenship country, ethnicity,
gender, date of eligibility (e.g., arrival
date, date of grant of asylum),
immigration status, health status and
health conditions, and administrative
data.
• Data used to determine refugee
abilities and skills, such as English
language proficiency, occupational
skills, progress in education, and social
adjustment.
• Client placement information,
parent’s names, child welfare agency,
emancipation information, family
reunification information, and other
progress notes and updates.
RECORD SOURCE CATEGORIES:
The system of records consolidates
the following data about all categories of
individuals covered in this system, from
these sources:
• Refugee arrival data from the
Department of State’s Worldwide
Refugee Arrivals Processing System.
• Legacy refugee arrival data from the
Department of State’s Refugee Data
Center.
• 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 data regarding Cubans and
Haitians entering the United States at
land borders or Ports of Entry other than
Miami, Florida, as well as Iraqi and
Afghan Special Immigrants (starting in
FY 2008).
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• The Department of Justice (DOJ)
Executive Office of Immigration Review
asylum grant data.
• The United States Conference of
Catholic Bishops and Church World
Services in Miami, Florida, data for
Cuban and Haitian entrants and Havana
parolees (including data on Cuban
Medical Parolees) entering the United
States through the Port of Miami.
• The I–643 form (OMB No. 1615–
0070), completed by refugees, asylees,
Cuban entrants, Haitian entrants, and
Amerasians and submitted to USCIS or
ORR when filing an application for
adjustment of status.
Additional sources include the
following: National and local 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.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974 at 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.
1. Disclosure for Private Relief
Legislation. Information may be
disclosed to OMB 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.
2. 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.
3. Disclosure to Department of Justice
or in Litigation or Other Proceedings.
Information may be disclosed to DOJ or
to a court or other adjudicative body in
litigation or other proceedings, when
HHS or any of its components, or any
employee of HHS acting the employee’s
official capacity, or any employee of
HHS acting in the employee’s
individual capacity where DOJ or HHS
has agreed to represent the employee or
the United States Government, is a party
to the proceedings or has an interest in
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the proceedings and, by careful review,
HHS determines that the records are
both relevant and necessary to the
proceedings.
4. Disclosure to the National Archives
and Records Administration (NARA).
Information may be disclosed to NARA
in records management inspections.
5. 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 relating to the purposes
of this system of records and who need
to have access to the information in the
performance of their duties or activities
for HHS.
6. Disclosure in Connection with
Litigation or Settlement Discussions.
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.
7. 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.
8. 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.
9. Disclosure to a Protection and
Advocacy System. Information may be
disclosed to Protection and Advocacy
System when the request is
appropriately made under the
Protection and Advocacy for Individuals
with Mental Illness Act, 42 U.S.C. 10801
et seq.
10. Disclosure to Department of
Homeland Security for Immigration
Relief. ORR may initiate the disclosure
of information to DHS to inquire about
the DHS’ progress in adjudicating or
deciding immigration relief.
11. Disclosure to Service Provider.
Information may be disclosed to a
provider of services to refugee minors or
a foster care agency or national refugee
resettlement agency, or to a local,
county, or state institution (e.g., state
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refugee coordinator, child welfare
agency, court, or social service agency)
involved in resettlement activities as
authorized by The Refugee Act of 1980
(8 U.S.C. 1521–1524).
12. Disclosure in the Event of a
Security Breach Experienced by HHS.
Records may be disclosed to appropriate
agencies, entities, and persons when (1)
HHS suspects or has confirmed that
there has been a breach of the system of
records; (2) HHS has determined, as a
result of the suspected or confirmed
breach, there is a risk of harm to
individuals, the agency (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with HHS’ efforts to
respond to the suspected or confirmed
breach, or to prevent, minimize, or
remedy such harm.
13. Disclosure to Assist Another
Agency Experiencing a Breach. Records
may be disclosed to another federal
agency or federal entity, when HHS
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach, or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
14. Disclosure for Cybersecurity
Monitoring Purposes. Records may be
disclosed to 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) through
(b)(11).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in electronic
storage media. Some older records are
maintained in paper form.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by ‘‘A’’ (alien)
number or by name, date of birth, or
date of entry.
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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are preserved in accordance
with the ORR records schedule and are
then either destroyed (if they do not
have historical value) or retained
permanently (acquisitioned to NARA),
after 15 years. ORR’s current records
schedule (DAA–0292–2016–0012) was
approved in 2016; ORR records
schedule DAA–0292–2019–0009 is
currently under review from NARA and
will supersede the current ORR records
schedule when approved.
khammond on DSKJM1Z7X2PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
• Authorized Users: Access is strictly
limited to authorized personnel whose
official duties require such access (i.e.,
valid business need to know).
• Administrative Safeguards:
Controls to ensure proper protection of
information and information technology
systems include, but are not limited to,
the completion of a Security Assessment
and Authorization (SA&A) package and
a Privacy Impact Assessment and
mandatory completion of annual
Information Security and Privacy
Awareness training. The SA&A package
consists of a Security Categorization, eAuthentication Risk Assessment,
System Security Plan, evidence of
Security Control Testing, Plan of Action
and Milestones (if applicable),
Contingency Plan, and evidence of
Contingency Plan Testing. When the
design, development, or operation of a
system of records is performed by a
contractor to accomplish an agency
function, the applicable Privacy Act
Federal Acquisition Regulation clauses
are inserted in solicitations and
contracts.
• Technical Safeguards: Controls that
are generally executed by the computer
system and are employed to minimize
the possibility of unauthorized access,
use, or dissemination of the data in the
system include, but are not limited to,
user identification, password protection,
firewalls, virtual private network,
encryption, intrusion detection system,
common access cards, smart cards,
biometrics, and public key
infrastructure.
• Physical Safeguards: Controls to
secure the data and protect paper and
electronic records, buildings, and
related infrastructure against threats
associated with their physical
environment include, but are not
limited to, the use of the HHS Employee
ID and/or badge number and key cards,
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
security guards, cipher locks,
biometrics, and closed-circuit TV.
Electronic media are kept on secure
servers or computer systems.
SYSTEM NAME AND NUMBER:
RECORD ACCESS PROCEDURES:
81 FR 46690 (July 18, 2016), 83 FR
6591 (Feb. 14, 2018).
An individual seeking access to a
record about that individual in this
system of records should address
written inquiries to the System
Manager. The request should include
the individual’s name, Alien Number,
date of birth, telephone number and/or
email address, and address of the
individual, and should be signed. In
addition, the requester must verify the
requester’s identity by providing either
a notarization of the request or a written
certification that the requester is the
individual who the requester claims to
be and understands that the knowing
and willful request for or acquisition of
a record pertaining to an individual
under false pretenses is a criminal
offense under the Privacy Act, subject to
a fine of up to $5,000. An individual
may also request an accounting of
disclosures that have been made of any
records about that individual.
CONTESTING RECORD PROCEDURES:
Records that contain factually
incorrect information may be contested.
To contest information in a record about
you, write to the System Manager;
provide the same information described
under ‘‘Record Access Procedures,’’
including identity verification
information; and specify the
information that is contested, the
corrective action sought, and the
reason(s) for requesting the correction,
along with supporting information. The
right to contest records is limited to
information that is factually inaccurate,
incomplete, irrelevant, or untimely
(obsolete).
NOTIFICATION PROCEDURES:
An individual who wishes to know if
this system of records contains a record
about that individual must write to the
relevant System Manager and provide
the same information described under
‘‘Record Access Procedures,’’ including
identity verification information.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 46686 (July 18, 2016), 83 FR
6591 (Feb. 14, 2018).
NOTICE OF RESCINDMENT:
For the reason stated in the
section at
II., the following system of records is
rescinded:
SUPPLEMENTARY INFORMATION
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
ORR Unaccompanied Refugee Minors
Records, 09–80–0329.
HISTORY:
[FR Doc. 2022–02535 Filed 2–7–22; 8:45 am]
BILLING CODE 4184–45–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Community Living
Agency Information Collection
Activities: Proposed Collection; Public
Comment Request; of the One
Protection and Advocacy Annual
Program Performance Report OMB
#0985–0063
Administration for Community
Living, Department of Health and
Human Services.
ACTION: Notice.
AGENCY:
The Administration for
Community Living (ACL) is announcing
an opportunity for the public to
comment on the proposed collection of
information listed above. Under the
Paperwork Reduction Act of 1995
(PRA), Federal agencies are required to
publish a notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This IC Revision solicits
comments on the information collection
requirements relating to the One
Protection and Advocacy Annual
Program Performance Report [OMB
#0985–0063].
DATES: Comments on the collection of
information must be submitted
electronically by 11:59 p.m. (EST) or
postmarked by April 11, 2022.
ADDRESSES: Submit electronic
comments on the collection of
information to: Ophelia McLain, ((202)
795–7401 ophelia.mclain@acl.hhs.gov.
Submit written comments on the
collection of information to
Administration for Community Living,
330 C Street SW, Washington, DC
20201, Attention: Ophelia McLain.
FOR FURTHER INFORMATION CONTACT:
Ophelia McLain, (202) 795–7401
ophelia.mclain@acl.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
SUMMARY:
E:\FR\FM\08FEN1.SGM
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Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7178-7182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02535]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974; System of Records
AGENCY: Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), HHS.
ACTION: Notice of a modified system of records, and rescindment of a
system of records notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services (HHS) is modifying
a system of records maintained by the Office of Refugee Resettlement
(ORR) within HHS' Administration for Children and Families (ACF),
number 09-80-0325, titled ``Internet Refugee Arrivals Data System
(iRADS),'' and is renaming it ``Refugee Arrivals Data System (RADS).''
In addition, HHS is rescinding system of records number 09-80-0329,
titled ``ORR Unaccompanied Refugee Minors Records,'' as duplicative of
modified system of records 09-80-0325. The modifications are explained
in the SUPPLEMENTARY INFORMATION section of this notice.
DATES: This notice is applicable February 8, 2022, subject to a 30-day
period in which to comment on the new routine uses, described below.
Please submit any comments by March 10, 2022.
ADDRESSES: The public should address written comments by mail or email
to: Anita Alford, Senior Official for Privacy, Administration for
Children and Families, 330 C Street SW, Washington, DC 20201, or
[email protected].
FOR FURTHER INFORMATION CONTACT: General questions about the modified
system of records may be submitted by mail or email to: Iulia Kramer,
Administration for Children and Families, ORR, Mary E. Switzer
Building, 330 C Street SW, Washington, DC 20201; Email:
[email protected], or 202-401-5686.
SUPPLEMENTARY INFORMATION:
I. Modifications to System of Records 09-80-0325
ORR plans, develops, and directs the implementation of a domestic
resettlement assistance program for refugees and other eligible
populations described in the Categories of Individuals section of the
below System of Records Notice (SORN). 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 refugee minors (URM) without lawful
immigration status.
ORR is continuously enhancing data collection and record keeping
for the many programs that provide refugee resettlement services to new
arrivals. ORR expects RADS, the information technology (IT) platform
associated with systems of records 09-80-0325 and 09-80-0329, to be the
``one stop'' shop for grantees to submit data, upload case management
files, and submit performance reports and other information that will
streamline service
[[Page 7179]]
delivery, and help ORR respond in a timely and effective manner to the
diverse needs of ORR-served populations. ORR recently modified the RADS
IT platform to allow for increased database capacity and increased
access by ORR's grantees as ORR programs transition to using RADS as
the exclusive platform.
Instead of continuing to maintain two SORNs for the Privacy Act
records in the RADS IT platform (and for older records which still
exist in paper form), ORR is merging the two SORNs, so that all of the
records will be covered by SORN 09-80-0325, and SORN 09-80-0329 will be
rescinded. The records about all populations served by ORR
(unaccompanied children, other refugees, and other populations) have
always been used for the same two purposes (ensuring provision of care
and services, and providing information needed for reports, grants,
budgeting, and similar purposes); covering the records in the same SORN
will make that clear.
This modifications to SORN 09-80-0325 include:
Making formatting changes required by the Office of
Management and Budget (OMB) Circular A-108 and minor wording changes
throughout the SORN.
Changing the name of the system of records from internet
Refugee Arrivals Data System (iRADS) to ORR Refugee Arrivals Data
System (RADS).
Revising the ``System Location'' section to omit a
statement that a list of contractor sites where records are maintained
is available upon request to the System Manager. (The IT system used to
maintain the records is now wholly housed in the ACF Amazon Web
Services cloud and is no longer in several contractor locations.)
Updating the ``System Manager'' section to change the
title of the official serving as the System Manager from Director,
Division of Budget Policy and Data Analysis, to RADS Project Manager.
Revising the ``Categories of Individuals'' section to add,
as the last category, the description of unaccompanied refugee minors
from SORN 09-80-0329; to add a note explaining that ORR uses the terms
``refugee'' and ``ORR population'' to describe all populations eligible
to receive ORR refugee services and benefits; and to remove a note
about a non-U.S. persons policy, which is prone to change.
Revising the ``Categories of Records'' section to combine
and unify the descriptions of records and data elements from the two
previously separate SORNs 09-80-0325 and 09-80-0329, which were
essentially the same and may apply to any of the categories of
individuals.
Revising the ``Records Source Categories'' section to
include these sources from SORN 09-80-0329, which may apply to any of
the categories of individuals: National and local 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. Note that ``national and local refugee resettlement
agencies'' is an updated description the resettlement community prefers
instead of the description ``national and local voluntary refugee
resettlement agencies'' that was used in SORN 09-80-0329.
Revising the ``Routine Uses'' section to omit a statement
at the start of the section that disclosures made under routine uses
will be evaluated to ensure they are ``compatible with the purpose for
which the information was collected'' (the statement is redundant
because it repeats part of the definition of a routine use); and to
delete two routine uses, add four new routine uses, and revise two
existing routine uses, as follows:
[cir] The law enforcement routine use, which was numbered as
routine use 1 in SORN 09-80-0325 and was not included in SORN 09-80-
0329, has been deleted because ORR does not disclose information about
these populations to law enforcement entities.
[cir] The routine use authorizing disclosures in administrative
claim, complaint, and appeal proceedings filed by HHS employees, which
was numbered as routine use 7 in SORN 09-80-0325, and as routine use 11
in SORN 09-80-0329, has been deleted because ORR does not disclose
information about these populations in administrative proceedings filed
by HHS employees.
[cir] Routine use 3, which authorizes disclosures to the Department
of Justice, or a court or other adjudicative body in litigation or
other proceedings, has been revised to remove redundant wording about
``compatibility'' (because that repeats part of the definition of a
routine use); to use the broader term ``proceedings'' instead of
``litigation''; and to change ``his or her'' to ``the employee's'' to
be gender neutral.
[cir] Routine use 5, which authorizes disclosures to contractors,
has been expanded to include these additional disclosure recipients
described in the corresponding routine use in SORN 09-80-0329:
Grantees, consultants, and 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. The phrase
``relating to the purposes of the system of records'' has also been
added.
[cir] Routine use 11 is new; it has been added from SORN 09-80-0329
to authorize the disclosure of information to an attorney or
representative of an individual in connection with any proceeding
involving the Department of Homeland Security (DHS) or the Executive
Office for Immigration Review. Such disclosures are not limited to
information about URM.
[cir] Routine use 12 is new; it has been added from SORN 09-80-0329
to authorize the disclosure of information to a Protection and Advocacy
program under the Protection and Advocacy for Individuals with Mental
Illness Act, provided that such a request is appropriately made. Such
disclosures are not limited to information about URM.
[cir] Routine use 13 is new; it has been added from SORN 09-80-0329
to authorize ORR to initiate a disclosure of information to DHS to
inquire about DHS' progress in adjudicating or deciding immigration
relief. Such disclosures are not limited to information about URM.
[cir] Routine use 14 is new; it has been added from SORN 09-80-0329
to authorize the disclosure of information to a provider of services to
refugee minors, foster care agency, national voluntary refugee
resettlement agency, or to a local, county, or state institution
involved in resettlement activities. Such disclosures are not limited
to information about URM.
Removing the statement ``Disclosure to Consumer Reporting
Agencies: None'' as unnecessary to include.
Revising the ``Storage'' section to indicate which records
are in electronic versus paper form (i.e., newer records are
electronic, and older records are in paper form).
Revising the ``Retention'' section to explain that any of
the records could be either destroyed (if they do not have historical
value) or retained permanently (acquisitioned to the National Archives
and Records Administration), after 15 years. (Previously, all records
covered in SORN 09-80-0325 were described as permanently retained, and
only URM case files covered in SORN 09-80-0329
[[Page 7180]]
were described as temporary records, with a retention period of 5
years.)
Revising the ``Safeguards'' section to describe specific
administrative, technical, and physical safeguards used to protect the
records from unauthorized access, instead of merely stating that
``safeguards conform to the HHS Information Security Program.''
Revising the procedures for making access, amendment, and
notification requests to state that ``date of birth'' should be
included and to explain how to verify identity, instead of referring
individuals to the verification provisions in the HHS Privacy Act
regulations.
Because some of these changes are significant, HHS provided
adequate advance notice of the modified system of records to OMB and
Congress in accordance with 5 U.S.C. 552a(r).
II. Rescindment of System of Records 09-80-0329
As modified in this notice, system of records 09-80-0325 now
includes updated descriptions of the same records previously covered in
system of records 09-80-0329. Accordingly, HHS is rescinding system of
records 09-80-0329 as duplicative of modified SORN 09-80-0325.
Cindy Huang,
Director, Office of Refugee Resettlement, Administration for Children
and Families.
SYSTEM NAME AND NUMBER:
ORR Refugee Arrivals Data System (RADS), 09-80-0325.
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.
SYSTEM MANAGER(S):
RADS Project Manager, Administration for Children and Families,
ORR, Mary E. Switzer Building, 330 C Street SW, Washington, DC 20201;
Email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1521-1524; Title V of the Refugee Education Assistance Act
of 1980, 8 U.S.C. 1522 note.
PURPOSE(S) OF THE SYSTEM:
Records about individuals in all categories described in the
Categories of Individuals section are used by HHS/ACF/ORR for the
following purposes:
To ensure that appropriate assistance, care, and services
are provided to all populations served by ORR.
To generate data needed to allocate funds for Formula
Social Services and other grants according to statutory formulas
established under 8 U.S.C. 1522(c)(1)(B) and (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.
Records about URM are used for the specific purpose of verifying
that legal responsibility for the minors is established, under state
law, and ensuring that the minors receive the full range of assistance,
care, and services that are available to all foster children in the
state, and any additional services for which they are eligible.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records pertain to the following categories of individuals:
1. 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)).
2. Individuals admitted as a refugee under 8 U.S.C. 1157 (section
207 of INA).
3. Individuals granted asylum under 8 U.S.C. 1158 (section 208 of
INA).
4. 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.
5. Certain Amerasians from Vietnam who are admitted to the United
States as immigrants pursuant to 8 U.S.C. 1101 note (Amerasian
Immigration).
6. 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).
7. 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).
8. Individuals admitted for permanent residence, provided the
individual previously held one of the statuses identified above.
9. URM 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 determined eligible after arrival include victims of a
severe form of trafficking, Cuban and Haitian Entrants, minors granted
asylum in the United States, minors with Special Immigrant Juvenile
classification, and U status recipients.
(Note: ORR uses the terms ``refugee'' and ``ORR population'' to
describe all populations eligible to receive ORR refugee services and
benefits.)
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records consist of:
Automated database records about the listed categories of
individuals covered by the system (refugees, asylees, etc.) that are
used to consolidate and generate information needed for reports,
grants, budgeting, and similar purposes; and
Electronic case files that help determine individuals'
eligibility for benefits and services; case documents used for
determining placements; and reports regarding client progress.
Data elements contained in the records include:
Alien Number, full name, address, birth date, age, country
of origin, birth country, citizenship country, ethnicity, gender, date
of eligibility (e.g., arrival date, date of grant of asylum),
immigration status, health status and health conditions, and
administrative data.
Data used to determine refugee abilities and skills, such
as English language proficiency, occupational skills, progress in
education, and social adjustment.
Client placement information, parent's names, child
welfare agency, emancipation information, family reunification
information, and other progress notes and updates.
RECORD SOURCE CATEGORIES:
The system of records consolidates the following data about all
categories of individuals covered in this system, from these sources:
Refugee arrival data from the Department of State's
Worldwide Refugee Arrivals Processing System.
Legacy refugee arrival data from the Department of State's
Refugee Data Center.
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 data regarding Cubans
and Haitians entering the United States at land borders or Ports of
Entry other than Miami, Florida, as well as Iraqi and Afghan Special
Immigrants (starting in FY 2008).
[[Page 7181]]
The Department of Justice (DOJ) Executive Office of
Immigration Review asylum grant data.
The United States Conference of Catholic Bishops and
Church World Services in Miami, Florida, data for Cuban and Haitian
entrants and Havana parolees (including data on Cuban Medical Parolees)
entering the United States through the Port of Miami.
The I-643 form (OMB No. 1615- 0070), completed by
refugees, asylees, Cuban entrants, Haitian entrants, and Amerasians and
submitted to USCIS or ORR when filing an application for adjustment of
status.
Additional sources include the following: National and local
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.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974 at 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.
1. Disclosure for Private Relief Legislation. Information may be
disclosed to OMB 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.
2. 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.
3. Disclosure to Department of Justice or in Litigation or Other
Proceedings. Information may be disclosed to DOJ or to a court or other
adjudicative body in litigation or other proceedings, when HHS or any
of its components, or any employee of HHS acting the employee's
official capacity, or any employee of HHS acting in the employee's
individual capacity where DOJ or HHS has agreed to represent the
employee or the United States Government, is a party to the proceedings
or has an interest in the proceedings and, by careful review, HHS
determines that the records are both relevant and necessary to the
proceedings.
4. Disclosure to the National Archives and Records Administration
(NARA). Information may be disclosed to NARA in records management
inspections.
5. 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 relating to the purposes of
this system of records and who need to have access to the information
in the performance of their duties or activities for HHS.
6. Disclosure in Connection with Litigation or Settlement
Discussions. 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.
7. 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.
8. 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.
9. Disclosure to a Protection and Advocacy System. Information may
be disclosed to Protection and Advocacy System when the request is
appropriately made under the Protection and Advocacy for Individuals
with Mental Illness Act, 42 U.S.C. 10801 et seq.
10. Disclosure to Department of Homeland Security for Immigration
Relief. ORR may initiate the disclosure of information to DHS to
inquire about the DHS' progress in adjudicating or deciding immigration
relief.
11. Disclosure to Service Provider. Information may be disclosed to
a provider of services to refugee minors or a foster care agency or
national 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 as
authorized by The Refugee Act of 1980 (8 U.S.C. 1521-1524).
12. Disclosure in the Event of a Security Breach Experienced by
HHS. Records may be disclosed to appropriate agencies, entities, and
persons when (1) HHS suspects or has confirmed that there has been a
breach of the system of records; (2) HHS has determined, as a result of
the suspected or confirmed breach, there is a risk of harm to
individuals, the agency (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with HHS' efforts to
respond to the suspected or confirmed breach, or to prevent, minimize,
or remedy such harm.
13. Disclosure to Assist Another Agency Experiencing a Breach.
Records may be disclosed to another federal agency or federal entity,
when HHS determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach, or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
14. Disclosure for Cybersecurity Monitoring Purposes. Records may
be disclosed to 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) through (b)(11).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic storage media. Some older
records are maintained in paper form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by ``A'' (alien) number or by name, date of
birth, or date of entry.
[[Page 7182]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are preserved in accordance with the ORR records schedule
and are then either destroyed (if they do not have historical value) or
retained permanently (acquisitioned to NARA), after 15 years. ORR's
current records schedule (DAA-0292-2016-0012) was approved in 2016; ORR
records schedule DAA-0292-2019-0009 is currently under review from NARA
and will supersede the current ORR records schedule when approved.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Authorized Users: Access is strictly limited to authorized
personnel whose official duties require such access (i.e., valid
business need to know).
Administrative Safeguards: Controls to ensure proper
protection of information and information technology systems include,
but are not limited to, the completion of a Security Assessment and
Authorization (SA&A) package and a Privacy Impact Assessment and
mandatory completion of annual Information Security and Privacy
Awareness training. The SA&A package consists of a Security
Categorization, e-Authentication Risk Assessment, System Security Plan,
evidence of Security Control Testing, Plan of Action and Milestones (if
applicable), Contingency Plan, and evidence of Contingency Plan
Testing. When the design, development, or operation of a system of
records is performed by a contractor to accomplish an agency function,
the applicable Privacy Act Federal Acquisition Regulation clauses are
inserted in solicitations and contracts.
Technical Safeguards: Controls that are generally executed
by the computer system and are employed to minimize the possibility of
unauthorized access, use, or dissemination of the data in the system
include, but are not limited to, user identification, password
protection, firewalls, virtual private network, encryption, intrusion
detection system, common access cards, smart cards, biometrics, and
public key infrastructure.
Physical Safeguards: Controls to secure the data and
protect paper and electronic records, buildings, and related
infrastructure against threats associated with their physical
environment include, but are not limited to, the use of the HHS
Employee ID and/or badge number and key cards, security guards, cipher
locks, biometrics, and closed-circuit TV. Electronic media are kept on
secure servers or computer systems.
RECORD ACCESS PROCEDURES:
An individual seeking access to a record about that individual in
this system of records should address written inquiries to the System
Manager. The request should include the individual's name, Alien
Number, date of birth, telephone number and/or email address, and
address of the individual, and should be signed. In addition, the
requester must verify the requester's identity by providing either a
notarization of the request or a written certification that the
requester is the individual who the requester claims to be and
understands that the knowing and willful request for or acquisition of
a record pertaining to an individual under false pretenses is a
criminal offense under the Privacy Act, subject to a fine of up to
$5,000. An individual may also request an accounting of disclosures
that have been made of any records about that individual.
CONTESTING RECORD PROCEDURES:
Records that contain factually incorrect information may be
contested. To contest information in a record about you, write to the
System Manager; provide the same information described under ``Record
Access Procedures,'' including identity verification information; and
specify the information that is contested, the corrective action
sought, and the reason(s) for requesting the correction, along with
supporting information. The right to contest records is limited to
information that is factually inaccurate, incomplete, irrelevant, or
untimely (obsolete).
NOTIFICATION PROCEDURES:
An individual who wishes to know if this system of records contains
a record about that individual must write to the relevant System
Manager and provide the same information described under ``Record
Access Procedures,'' including identity verification information.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 46686 (July 18, 2016), 83 FR 6591 (Feb. 14, 2018).
NOTICE OF RESCINDMENT:
For the reason stated in the SUPPLEMENTARY INFORMATION section at
II., the following system of records is rescinded:
SYSTEM NAME AND NUMBER:
ORR Unaccompanied Refugee Minors Records, 09-80-0329.
HISTORY:
81 FR 46690 (July 18, 2016), 83 FR 6591 (Feb. 14, 2018).
[FR Doc. 2022-02535 Filed 2-7-22; 8:45 am]
BILLING CODE 4184-45-P