SUPPLEMENTARY INFORMATION:

I. Modifications to SORN 09-80-0321

In addition to adding “alien” to the system of records name, the Office of Refugee Resettlement (ORR) is revising three routine uses in this system of records to streamline information sharing standards for clarity, while maintaining core privacy protections. The revised routine uses will ensure that information can be shared more efficiently with the Department of Homeland Security (DHS) and law enforcement entities for legally permissible purposes such as protecting children from dangerous crimes including trafficking, while continuing to prohibit information sharing for immigration enforcement purposes. The revisions made to routine uses are as follows:

• In Routine use 5,Disclosure to Department of Homeland Security, the introductory sentence that precedes the itemized list of disclosure purposes now states an overall disclosure purpose ( i.e., “purposes related to child safety and welfare and not immigration enforcement, including but not limited to the following purposes”), and the itemized list includes these changes:
  • Purposes a. and f. now include the word “alien” before “child” and ( printed page 61235) “children,” to better align with statutory terminology.
  • Purpose b. no longer cites45 CFR part 410 or 45 CFR part 411 as sources of applicable information sharing restrictions, because those restrictions do not apply to information disclosed for the purpose described in b., i.e., continuity of care.
  • Purpose g. has been changed from “[f]acilitating human trafficking investigations by DHS Homeland Security Investigations (HSI) to ensure child safety” to “[t]he limited purpose of facilitating human trafficking investigations by DHS, U.S. Immigration and Customs Enforcement/ Homeland Security Investigations (HSI) to ensure child safety and protect children from dangerous crimes including trafficking. ”

In the paragraphs at the end of routine use 5, ORR has removed the general procedural requirement for an express written advisory while maintaining the substantive prohibition against sharing information for immigration enforcement purposes. Because the Privacy Act defines “routine use” as “the use of such record for a purpose which is compatible with the purpose for which it was collected,” 5 U.S.C. 552a(a)(7), ORR finds that this additional procedural requirement is unnecessary. ORR is not an immigration enforcement entity and does not collect information for immigration enforcement purposes. Rather, sharing under this routine use is for purposes of advancing ORR's statutory responsibilities ( e.g., protecting child welfare, enhancing the potential sponsor vetting process). By making this change, ORR seeks only to streamline procedural requirements to share information under Routine Use 5, so as to remove impediments to sharing information with the Department of Homeland Security in a manner that is compatible with the purpose for which ORR collected it. The routine use has also been expanded to explicitly include sharing information with DHS for criminal investigations to protect children from dangerous crimes including trafficking.

• Routine use 6,Disclosure for Law Enforcement, Child Welfare Investigation, and State Licensing Purposes, has been revised to remove the procedural requirements that ORR determine each disclosure is in the best interest of the child and expressly prohibit further uses and disclosures by the recipient, while maintaining (in revised form) the substantive prohibition against sharing information for immigration enforcement purposes and adding a citation to 8 U.S.C. 1373. Because the Privacy Act at 5 U.S.C. 552a(a)(7) defines “routine use” as “the use of such record for a purpose which is compatible with the purpose for which it was collected,” ORR finds that the additional procedural requirements are unnecessary. ORR is not a law enforcement, state child welfare investigatory, or state licensing entity, and does not collect information for those enforcement purposes. Rather, sharing under this routine use is for purposes of advancing ORR's statutory responsibilities ( e.g., protecting child welfare, enhancing the potential sponsor vetting process, overseeing the infrastructure and personnel or facilities in which unaccompanied alien children reside). By making this change, ORR seeks only to streamline procedural requirements for sharing information under this Routine Use 6, so as to remove impediments to the sharing of information with law enforcement, child welfare investigation, and State Licensing entities in a manner that is compatible with the purpose for which ORR collected it. In making these changes, ORR further notes that the procedural requirement to require express written advisory that no other uses of the information would be allowed has been administratively burdensome for ORR to adopt and difficult to implement. In some cases, this has hindered important criminal investigations which serve the interests of children both in and out of ORR care and are therefore not in line with ORR's statutory responsibilities to protect child welfare. Broadly speaking, ORR has also determined that it is in the best interest of children to facilitate investigations into serious criminal conduct and therefore has sought to remove the requirement for an individualized best interest determination at the time of release of important information that can be used to protect children from criminal actors. ORR has also determined that this is in line with its statutory authorities.
• Routine use 20,Disclosure to Department of State, has likewise been revised to remove the procedural requirements that ORR determine each disclosure is in the best interest of the child and expressly prohibit further uses and disclosures by the recipient (the Department of State), while maintaining the substantive prohibition against sharing information for immigration enforcement purposes. These modifications maintain all substantive protections against sharing information for immigration enforcement purposes, and against sharing healthcare information, while removing procedural requirements that could unnecessarily delay information sharing for legally permissible child protection purposes. Again, because the Privacy Act defines “routine use” as “the use of such record for a purpose which is compatible with the purpose for which it was collected,” 5 U.S.C. 552a(a)(7), ORR finds that the additional procedural requirements are unnecessary. ORR is not an immigration enforcement entity and does not collect information for immigration enforcement purposes. Rather, sharing under this routine use is for purposes of advancing ORR's statutory responsibilities ( e.g., protecting child welfare, enhancing the potential sponsor vetting process). By making this change, ORR seeks only to streamline procedural requirements to share information under this Routine Use 20, so as to remove impediments to sharing information with the Department of State in a manner that is compatible with the purpose for which ORR collected it.
• The next-to-last routine useDisclosure for Approved Research Purposes, which, due to a formatting mistake was included at the end of Routine use 22, is now separately set out and numbered at Routine Use 23; and the last routine use, Disclosure to ACF Unaccompanied Alien Children Office of the Ombuds, is now numbered as Routine Use 24. In new Routine Use 23, ORR is also clarifying that ORR may disclose information for research purposes and predictive modeling to entities conducting relevant research that ORR determines contribute to ORR's policymaking, operations, and mission of the UAC Bureau. For example, under new Routine Use 23, ORR may share records from its system of records with other Federal agencies, such as the Department of Homeland Security's Office of Homeland Security Statistics, as well as other such offices in the Department of Justice and the Department of State, in order for ORR to receive statistical analysis and reporting relevant to the mission of the UAC Bureau.

II. The Privacy Act

The Privacy Act of 1974, as amended (5 U.S.C. 552a), regulates the collection, maintenance, use and dissemination of records about individuals that are retrieved by personal identifier and collected, used or disseminated by the agencies and departments of the Executive Branch. The Privacy Act also mandates the publishing of system of records notices (SORNs) for newly created and revised systems of records. A “system of records” means a group of any records under the control of any ( printed page 61236) [federal] agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. The Privacy Act requires each agency to publish in the Federal Register a SORN identifying and describing each system of records the agency maintains, including the purposes for which the agency uses information about individuals in the system, the routine uses for which the agency discloses such information outside the agency, and how individual record subjects can exercise their rights under the Privacy Act.

As required by the Privacy Act at 5 U.S.C. 552a(r), HHS has sent a report of this modified system of records to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the OMB Office of Information and Regulatory Affairs.

SYSTEM NAME AND NUMBER:

ORR Unaccompanied Alien Children Bureau (UACB) Administrative Program Records, 09-80-0321.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

The address of the component responsible for the system of records is the Bureau of Operations, 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 20201.

SYSTEM MANAGER(S):

Principal Deputy Director, Office of Refugee Resettlement, Administration for Children and Families, Mary E. Switzer Building, 330 C Street SW, Washington, DC 20201, UCPolicy-RegulatoryAffairs@acf.hhs.gov, (202) 401-9246.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

6 U.S.C. 279 and 8 U.S.C. 1232.

PURPOSE(S) OF THE SYSTEM:

The records are used within HHS/ACF/ORR to administer the Unaccompanied Alien Children Bureau (UCB) program, the purposes of which are:

• to provide care and custody of unaccompanied alien children transferred to ORR custody until (1) their release to a family member or sponsor in the United States or abroad, in appropriate cases, (2) their removal to their home country by Department of Homeland Security (DHS) immigration officials, (3) they receive lawful immigration status, or (4) they turn 18 years of age;
• to assess the suitability of sponsors of unaccompanied alien children; and
• to provide post-release services to alien children released from ORR custody.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

The records are about these categories of individuals:

• Unaccompanied alien children (UAC), which include:
  • unaccompanied alien children currently and formerly in ORR's care and custody by reason of their immigration status;
  • children of unaccompanied alien children who are housed together with their unaccompanied alien child parents who are in ORR custody;
  • unaccompanied alien children who later receive an adjustment of status or become U.S. citizens; and
  • children referred to ORR as likely to be an unaccompanied alien child;
• sponsors and potential sponsors of unaccompanied alien children;
• members of a sponsor's or potential sponsor's household (including both U.S. and non-U.S. citizens),
• adult caregivers identified in a sponsor care plan (including both U.S. and non-U.S. citizen); and
• financial supporters of sponsors and potential sponsors.
• Personnel of ORR funded care providers, which may include results of civil or criminal investigations to sufficiently satisfy requirements under45 CFR 411.16.

Unaccompanied alien children are children who have no lawful immigration status in the United States; have not attained 18 years of age; and with respect to whom (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody. See6 U.S.C. 279(g)(2).

The Privacy Act applies only to individuals, defined as a citizen of the United States or an alien lawfully admitted for permanent residence in the United States. As a matter of discretion, ORR will treat information that it maintains in its mixed systems of records ( i.e., those that contain records about individuals and those that fall outside of the definition of individual as defined by the Privacy Act) as being subject to the provisions of the Privacy Act, regardless of whether the information relates to individuals covered by the Privacy Act. This implements a 1975 Office of Management and Budget (OMB) recommendation to apply, as a matter of policy, the administrative provisions of the Privacy Act to records about individuals who aren't covered by the Privacy Act when the records are maintained in mixed systems of records (referred to as the non-U.S. persons policy).

CATEGORIES OF RECORDS IN THE SYSTEM:

The records consist of the below categories of records, which are used in providing care for, custody of, placement of, services for, and release of unaccompanied alien children. They include biographical information about unaccompanied alien children, sponsor background check records, identity documents, and post-release services (PRS) records, further described below:

• Biographical information about unaccompanied alien children includes the child's name, Alien Registration Numbers (A#), Fingerprint Identification Numbers (FINs), and date and place of birth, as well as information about apprehension; criminal records; addresses; attorney of record; parents and other family members; sponsors and potential sponsors and their household members (including adult caregivers and foster parents) identified in a sponsor care plan; case disposition information; home-study results; sexual assault hotline and National Call Center information; admission documents; legal records; health information (medical, dental, DNA, mental health, and behavioral health records); child assessments; educational records; incident and grievance reports; release/discharge records; sponsor application and supporting documentation; and sponsor assessments.
• Sponsor background check records may include the sponsor's, potential sponsor's and, as applicable, household member's and adult caregiver's biographical information, such as name, address, and date of birth, financial information including a Social Security Number or Individual Taxpayer Identification Number, as well as FBI fingerprint check results and state criminal and child protective services check results.
• Identity documents include, for example, birth certificates, driver's licenses, Permanent Resident Cards or Alien Registration Receipt Cards, passports, document authentication ( printed page 61237) records, and other official domestic and foreign government-issued identity documents.
• Post-release services (PRS) records may include monthly reports, case notes, service plans, list of resources and referrals, safety plans, initial assessments, mental health assessments, trafficking assessments, additional ongoing assessments, closing reports, and correspondence with the sponsor.
• Personnel records of ORR funded care providers, which may include results of civil or criminal investigations to sufficiently satisfy requirements under 45 CFR 411.16 and reasons for terminations.

RECORD SOURCE CATEGORIES:

Record subjects; family members; private individuals; private and public hospitals; doctors, nurses, and other clinicians; law enforcement agencies and officials; attorneys; ORR-funded grantees and contractors; ORR staff; foreign governments; other federal agencies; and state and local governments or agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

In addition to other disclosures which are authorized directly in the Privacy Act at 5 U.S.C. 552a(b), these routine uses, which are published pursuant to 5 U.S.C. 552a(b)(3) and (e)(4)(D) and (11), specify circumstances under which ACF may disclose information from this system of records without the prior written consent of the record subject. A routine use is defined in the Privacy Act at 5 U.S.C. 552a(a)(7) as a disclosure of a record for a use that is compatible with the purpose for which the record was collected; accordingly, each of these routine uses authorizes disclosures for purposes that are compatible with the purposes for which the information was collected.

Each proposed disclosure of information under these routine uses (and any proposed disclosure in response to a law enforcement request that complies with 5 U.S.C. 552a(b)(7)) will be evaluated to ensure that the disclosure is legally permissible and consistent with ORR's responsibilities under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 8 U.S.C. 1232 and the Homeland Security Act, 6 U.S.C. 279 to provide for the care and custody of unaccompanied alien children in Federal custody by reason of their immigration status, place them in the least restrictive setting while in HHS custody, and release them to a suitable sponsor, primarily their parent or a family member, pending resolution of their immigration status. ORR is not an immigration enforcement agency and does not maintain records for immigration enforcement purposes. Accordingly, in no case shall a disclosure under a routine use (or a disclosure in response to a law enforcement request that complies with 5 U.S.C. 552a(b)(7)) include sharing information from this system of records with other federal agencies or entities ( e.g., the Department of Homeland Security, the Department of Justice) for purposes that are incompatible with HHS/ORR Unaccompanied Alien Children Program statutes, regulations and policies, such as for immigration enforcement purposes (including initiating immigration enforcement activities, determining whether an individual should be removed from the United States, for immigration detention or bond determinations, or verifying an individual's statements in removal proceedings ^[1] ). Any disclosure for immigration enforcement purposes would be made only with the prior written consent of the subject individual(s).

1. Disclosure to an Attorney or Representative. Information may be disclosed to: an attorney or representative (as defined in 8 CFR 1.2) who is acting on behalf of an individual covered by this system of records in connection with any proceeding before the Department of Homeland Security or the Executive Office for Immigration Review; an attorney representing an unaccompanied alien child in a state juvenile court matter that may determine or alter the unaccompanied alien child's custody status or placement or for purposes of obtaining a predicate order needed to obtain Special Immigrant Juvenile (SIJ) classification; an attorney representing an unaccompanied alien child in a juvenile or criminal court in relation to criminal charges; and an attorney representing an unaccompanied alien child in a hearing or other matter related to ORR's appellate procedures, including those relating to placement in a restrictive setting, risk determinations, or release from ORR custody. Information may be released to an attorney representing an unaccompanied alien child with respect to decisions involving the child's placement, care, custody and release, and/or the administration of psychotropic medications to the child. Information regarding a significant incident related to an unaccompanied alien child may be disclosed to an attorney representing the child. A disability evaluation report pertaining to an unaccompanied alien child may be disclosed to an attorney representing the child. Information may also be disclosed to an attorney representing a potential sponsor in relation to ORR's appellate procedures concerning a sponsorship denial of a parent, legal guardian, or close relative.

2. Disclosure for Health and Safety. Private health information of unaccompanied alien children may be disclosed to health care providers for the purposes of coordinating emergency, routine, and necessary medical, mental health, and disability evaluations, services, and care for unaccompanied alien children while in ORR care and custody. Information may be shared with a health provider to make age determinations for unaccompanied alien children. Information related to communicable diseases or other illnesses that have the potential to affect public health and safety may be disclosed to any state or local health authorities, to ensure that all health issues potentially affecting public health and safety in the United States are being, or have been, adequately addressed. Private health information not related to communicable diseases or other illnesses that affect public health and safety is not authorized to be disclosed under this routine use.

3. Disclosure to Protection and Advocacy Organization. Information may be disclosed to a Protection and Advocacy organization when access is authorized by, and the request is appropriately made under, one or more of the following: The Protection and Advocacy for Individuals with Mental Illness Act (PAMI), 42 U.S.C. 10801 et seq.; The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (“DD Act”), 42 U.S.C. 15043 and 15044; Protection and Advocacy for Traumatic Brain Injury (PATBI) Act 42 U.S.C. 300d-53; or the Protection and Advocacy for Individual Rights (PAIR) Act, 29 U.S.C. 794(e).

4. Disclosure to Child Advocate. Information may be disclosed to an HHS-appointed child advocate for the purpose of effectively advocating for the best interest of the child. Child advocates are granted access to this information under section 235(c)(6) of the William Wilberforce Trafficking ( printed page 61238) Victims Protection Reauthorization Act of 2008, 8 U.S.C. 1232(c)(6).

5. Disclosure to Department of Homeland Security. Information may be disclosed to the Department of Homeland Security (DHS) for purposes related to child safety and welfare and not immigration enforcement, including but not limited to the following purposes:

a. Reporting the death or arrest of an unaccompanied alien child in ORR custody or unauthorized absences of unaccompanied alien children from ORR custody;

b. Transferring individuals to DHS custody for the limited purpose of facilitating continuity of medical care (subject to the applicable information sharing restrictions set forth in 45 CFR parts 410 and 411 and the ORR UAC Policy Guide);

c. Facilitating transfer to DHS custody of individuals determined to be adults, or who turn 18 years old, including information relevant to determining whether the individual committed a crime that ORR determines would make the individual a danger to the community;

d. Communicating reports of abuse, neglect, sexual harassment, or inappropriate sexual behavior that occurred while a child was in DHS custody before being transferred to ORR custody;

e. Correcting the child's information in government systems; and for age determinations ( see8 U.S.C. 1232(b)(4));

f. Providing notice of transfers of unaccompanied alien children in ORR custody between care provider facilities, and for discharge notifications;

g. The limited purpose of facilitating human trafficking investigations by DHS, U.S. Immigration and Customs Enforcement/Homeland Security Investigations (HSI) to ensure child safety and protect children from dangerous crimes including trafficking;

h. Validating the relationship between a child and an accompanying adult ( e.g., where DHS potentially separated a child from their parent or legal guardian before transferring the child to ORR);

i. Communicating a child's medical information with the DHS Office of Health Security for the purpose of facilitating continuity of medical care for the child;

Except as provided in section i. above, this routine use does not authorize sharing health related information (including but not limited to mental, behavioral, dental, or other healthcare information), evaluation reports or other clinical documentation, Section 504 Service Plans, or Child Level Events (CLEs). This routine use does not authorize subsequent disclosures by the receiving entity. In no case shall information be used for immigration enforcement purposes, including initiating immigration enforcement activities, determining whether an individual should be removed from the United States, or for immigration detention or bond determinations, United States Citizenship and Immigration Services (USCIS) adjudication, or verifying an individual's statements in removal proceedings.

6. Disclosure for Law Enforcement, Child Welfare Investigation, and State Licensing Purposes. Information may be disclosed to the appropriate federal, state, local, tribal, or foreign agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, if the information is relevant to a violation or potential violation of civil or criminal law or regulation within the jurisdiction of the receiving entity (excluding immigration enforcement purposes); to assist with investigations into missing children; and for sponsor background checks and case management, to ensure safe releases. Information may be shared with certain state and local agencies that provide child welfare services such as state licensing agencies, Child Protective Services, and education agencies such as state, county, or municipal schools for the purpose of protecting an unaccompanied alien child's health and welfare and sponsor background check purposes to ensure safe releases. This routine use does not authorize disclosures in a manner exceeding ORR's authorities, including for immigration enforcement activities, including determining whether an individual should be removed from the United States, for immigration detention or bond determinations, or verifying an individual's statements in removal proceedings.

7. Disclosure to the National Center for Missing and Exploited Children (NCMEC). Information may be disclosed to the NCMEC to assist with investigations into missing children.

8. Disclosure to Congressional Office. Information may be disclosed to a congressional office from the record of an individual in response to a written inquiry from the congressional office made at the written request of, and on behalf of, the individual.

9. Disclosure to Department of Justice, or in Proceedings. Information may be disclosed to the Department of Justice, or in a proceeding before a court, adjudicative body, or other administrative body before which HHS is authorized to appear, when any of the following is a party to the proceedings or has an interest in such proceedings, and the use of such records by the Department of Justice or HHS is deemed by HHS to be relevant and necessary to the proceedings:

• HHS, or any component thereof;
• any employee of HHS in his or her official capacity;
• any employee of HHS in his or her individual capacity where the Department of Justice or HHS has agreed to represent the employee; or
• the United States, if HHS determines that litigation is likely to affect HHS or any of its components.

10. Disclosure to Department of Justice for Legal Orientation Programs for Custodians (LOPC) Facilitation. Information may be disclosed to the Department of Justice, Executive Office for Immigration Review (EOIR) for purposes of collaboration in facilitating sponsors' participation in LOPCs under section 235(c)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 8 U.S.C. 1232(c)(4). ORR may also share limited information with EOIR as part of a case status summary in advance of a child's immigration hearing that ORR determines is in the best interest of the child, such as name, Alien Number, and sponsor category.

11. Disclosure to the National Archives and Records Administration (NARA). Information may be disclosed to the National Archives and Records Administration in its records management inspections.

12. Disclosure to the Government Publishing Office (GPO). Information may be shared with GPO for purposes of creating portable versions of ORR release or discharge records.

13. Disclosure to Contractors, Grantees, and Stakeholders. Information may be disclosed to contractors, grantees, consultants, volunteers, or stakeholders (including, but not limited to, legal service providers, case coordinators, medical providers, non-HHS Federal agency partners, child advocates, attorneys of record, sponsors and potential sponsors, educational institutions, and organizations providing services to unaccompanied children and sponsors) performing or working on a contract, service, grant, cooperative agreement, job, or memorandum of understanding, or other activity for HHS relating to the administration of services provided by the Unaccompanied Alien Children Bureau (including ancillary purposes, such as information technology (IT) system support) and who have a need to have access to the information in the ( printed page 61239) performance of their duties or activities for HHS, and for reunification purposes.

14. 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 settlement discussions.

15. Disclosure Incident to Requesting Information. Information may be disclosed (to the extent necessary to identify the individual, inform the source of the purpose of the request, and to identify the type of information requested), to any source from which additional information is requested when necessary to obtain information relevant to an agency decision concerning benefits.

16. Disclosure to State Refugee Coordinators. Information may be shared with State Refugee Coordinators for children in ORR care who are being transferred into ORR's Unaccompanied Refugee Minors program for purposes of coordinating appropriate placement and services for the child in accordance with 8 U.S.C. 1232(c)(2). The State Refugee Coordinator refers to the individual(s) designated by a Governor or a State to be responsible for, and authorized to, ensure coordination of public and private resources in refugee resettlement.

17. Disclosure to other Federal Departments and Nongovernmental Organizations and Foreign Governments for Safe Repatriation of Unaccompanied Alien Children and for Reuniting Children with a Parent or Sponsor Abroad. Information may be disclosed to other federal agencies (such as the Department of State, Department of Justice, Department of Homeland Security), nongovernmental organizations and foreign governments as it relates to the safe repatriation of unaccompanied alien children to their country of origin as directed under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 section 235(a)(5), 8 U.S.C. 1232(a)(5) and for reuniting unaccompanied alien children with a parent or sponsor abroad in appropriate cases under the Homeland Security Act, 6 U.S.C. 279(b)(1)(H).

18. Disclosure in the Event of a Security Breach Experienced by HHS. Information 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.

19. Disclosure to Assist Another Agency Experiencing a Breach. Information 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.

20. Disclosure to Department of State. Information may be disclosed to the Department of State for humanitarian operations, sponsor background checks, best interest determinations, and family unification efforts, including obtaining and verifying identity documents (birth certificates, passports, and government-issued identifications) of unaccompanied alien children, their sponsors, and sponsors' household members who are also eligible for immigration relief, family unification, or humanitarian evacuation. This routine use does not authorize subsequent disclosures by the receiving entity. In no case shall such information be shared in a manner exceeding ORR's authorities, including for immigration enforcement purposes (including initiating immigration enforcement activities, such as determining whether an individual should be removed from the United States, for immigration detention or bond determinations or verifying an individual's statements in removal proceedings).

21. Disclosure to State and Local Child Welfare Agencies and State and Local Governments. ORR may disclose information of children and sponsors to local and state agencies offering post-release services to the child or sponsor for the purpose of facilitating delivery of child welfare services and safe releases if ORR determines that the disclosure is in the child's best interest. ORR may also disclose information of children and sponsors to state and local government entities, such as school districts, for the purpose of facilitating enrollment of unaccompanied alien children in a school or educational program and for individualized education planning, including but not limited to obtaining special education services when needed. In no case shall such information be shared with state or local entities for immigration enforcement purposes (including initiating immigration enforcement activities, such as determining whether an individual should be removed from the United States, for immigration detention or bond determinations or verifying an individual's statements in removal proceedings). Disclosures under this routine use will be made with an express written advisory that no other uses by the receiving entity and no subsequent disclosures by the receiving entity to other entities can be made.

22. Disclosure to a Foreign Government's Embassy or Consulate. ORR may disclose copies of birth certificates, passports, or other official, foreign government-issued identity documents to foreign embassies and consulates for the purpose of authenticating those documents, verifying identity, and for background check purposes. ORR may also disclose information of children when notifying foreign embassies and consulates that a child from their country is in ORR custody in accordance with Department of State guidance on applicable law. In no case shall information from this system of records, including mental health or behavioral information, be shared or used for purposes that are incompatible with HHS/ORR Unaccompanied Alien Children Program statutes, regulations and policies, such as disclosing information to foreign consulates that may indicate a child may have a fear of persecution or other mistreatment by their country, or may be seeking asylum or refugee status.

23. Disclosure for Approved Research Purposes. ORR may disclose information for research purposes and predictive modeling to entities, including other federal agencies, conducting relevant research that ORR determines contributes to ORR's policymaking, operations, and mission of the UAC Bureau, consistent with ORR's authorities.

24. Disclosure to ACF Unaccompanied Alien Children Office of the Ombuds. ORR may disclose information to the ACF Unaccompanied Alien Children Office of the Ombuds in accordance with the Ombuds' investigation and reporting purposes. ( printed page 61240)

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records are stored on cloud web servers and/or in file folders. Records according to ORR's NARA approved retentions schedule ( see National Archives and Records Administration-approved record retention and disposition schedules DAA-0292-2019-0009-0001 and DAA-0292-2019-0009-0002).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

Personal identifiers used for retrieval include the name, Alien Registration Number, and/or date of birth of the unaccompanied alien child; name and/or date of birth of the potential sponsor; and the name and/or date of birth of the potential sponsor's household member or adult caregiver identified in a sponsor care plan.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

UAC case file records are retained for 50 years after a child is released from ORR custody ( see National Archives and Records Administration-approved record retention and disposition schedules DAA-0292-2019-0009-0001 and DAA-0292-2019-0009-0002).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

Information in this system is safeguarded in accordance with applicable laws, rules, and policies. Access to the records is restricted to authorized personnel who are advised of the confidentiality of the records and the civil and criminal penalties for misuse. All record keepers are required to maintain appropriate administrative, technical, and physical safeguards to protect the records from unauthorized access. Administrative safeguards include background checks, as well as training individuals who have access to the records on how to handle them appropriately, incident response plans, mandatory security and privacy awareness training, limiting access to individuals who need to know the information, and reviewing security controls on an ongoing basis. Technical safeguards include the use of antivirus software, vulnerability patching, multi-factor authentication when required, or username and password, and storing electronic records in encrypted form, to limit system access to authorized users. Physical safeguards include storing hard copy records and computer terminals used to access electronic records in physically locked locations when not in use. Safeguards conform to the HHS Information Security Program, hhs.gov/​ocio/​securityprivacy/​index.html.

RECORD ACCESS PROCEDURES:

An individual may request access to a record about him or her in this system of records by submitting a written access request to the System Manager or electronically through the HHS Online FOIA/PA Public Access Link at FOIA.gov. The request must include, as applicable, the individual's name, Alien Registration Number, date and place of birth, telephone number and/or email address, current address, and signature. In addition, to further verify the individual's identity, the individual must provide 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. Verification of identity is also required for a parent or legal guardian who makes a request on behalf of a minor (in addition to verifying the minor's identity).

CONTESTING RECORD PROCEDURES:

An individual seeking to amend a record about him or her in this system of records must submit a written request for amendment to the System Manager. The request must provide the same information described under “Record Access Procedures,” including identity verification information, and must specify the information that is contested, the corrective action sought, and the reason(s) for requesting the correction, and include supporting information. The right to contest records is limited to information that is factually inaccurate, incomplete, irrelevant, or untimely (obsolete).

NOTIFICATION PROCEDURES:

An individual seeking to determine whether this system of records contains information about him or her must submit a written notification request to the System Manager. The request must include the same information described under “Record Access Procedures,” including identity verification information.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

89 FR 77365 (Dec. 12, 2024).

91 FR 61234