Privacy Act of 1974; System of Records, 7178-7182 [2022-02535]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 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: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08FEN1.SGM 08FEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 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 VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 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 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 7179 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 E:\FR\FM\08FEN1.SGM 08FEN1 7180 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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: VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 • 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 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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). E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices • 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 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 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 7181 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. E:\FR\FM\08FEN1.SGM 08FEN1 7182 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 08FEN1

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[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]


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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.

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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


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