Notice2024-28382
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 4, 2024
Effective
December 4, 2024
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS) is establishing a new system of records to be maintained by the Office of Refugee Resettlement (ORR) within HHS' Administration for Children and Families (ACF), System No. 09-80-0323, ORR Unaccompanied Children Bureau (UCB) Child Abuse or Neglect Investigation Records and Central Registry.
Full Text
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<title>Federal Register, Volume 89 Issue 233 (Wednesday, December 4, 2024)</title>
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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96250-96254]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28382]
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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), Department of Health and Human Services
(HHS).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of Health and Human Services (HHS) is
establishing a new system of records to be maintained by the Office of
Refugee Resettlement (ORR) within HHS' Administration for Children and
Families (ACF), System No. 09-80-0323, ORR Unaccompanied Children
Bureau (UCB) Child Abuse or Neglect Investigation Records and Central
Registry.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records is effective December 4, 2024 to a 30-day period in which to
comment on the routine uses, described below. Please submit any
comments by January 3, 2025.
ADDRESSES: The public should address written comments on the system of
records notice to Hanan Abu Lebdeh, Senior Agency Officer for Privacy,
by mail at Administration for Children and Families, Mary E. Switzer
Building, 330 C Street SW, Washington, DC 20201, or by email at
<a href="/cdn-cgi/l/email-protection#bbd3dad5dad595dad9ced7ded9dfded3fbdad8dd95d3d3c895dcd4cd"><span class="__cf_email__" data-cfemail="355d545b545b1b54574059505751505d755456531b5d5d461b525a43">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: General questions about the system of
records may be submitted to Edward Nazarko, Technical Lead for UC
Technology, Administration for Children and Families, by mail or email
at 330 C Street SW, Washington, DC 20201, or
<a href="/cdn-cgi/l/email-protection#c6a3a2b1a7b4a2e8a8a7bca7b4ada986a7a5a0e8aeaeb5e8a1a9b0"><span class="__cf_email__" data-cfemail="c2a7a6b5a3b0a6ecaca3b8a3b0a9ad82a3a1a4ecaaaab1eca5adb4">[email protected]</span></a>, or by telephone at (202) 839-0615.
SUPPLEMENTARY INFORMATION:
I. Background on ORR Responsibilities, Affecting New SORN 09-80-0323
Within ORR, the Unaccompanied Children Bureau (UCB) administers
ORR's responsibilities for the placement, care, and services provided
to unaccompanied children who are in Federal custody by reason of their
immigration status. Such responsibilities are carried out pursuant to
ORR's statutory and delegated authorities under section 462 of the
Homeland Security Act of 2002 (HSA), 6 U.S.C. 279, section 235 of the
William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (TVPRA), 8 U.S.C. 1232, and regulations at 45 CFR parts 410 and
411. Systems of records maintained by ORR are ``mixed,'' in that they
contain, or could contain, records pertaining to both (1) individuals
who are covered by the Privacy Act and (2) individuals who are not
covered by the Privacy Act. SORN 09-80-0323 includes a statement to
this effect in the ``Categories of Individuals'' section.
The Privacy Act applies only to individuals who are U.S. citizens
or non-U.S. citizens lawfully admitted for permanent residence in the
United States. As a matter of discretion, ORR treats information
maintained in its mixed systems of records as being subject to the
protections of the Privacy Act, regardless of whether the information
relates to individuals covered by the Privacy Act. This policy
implements a 1975 Office of Management and Budget (OMB) recommendation
to apply, as a matter of discretion, the administrative provisions of
the Privacy Act to records about 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). See OMB Privacy Act
Implementation: Guidelines and
[[Page 96251]]
Responsibilities, 40 FR 28948, 28951 (July 9, 1975).
The Privacy Act defines a ``routine use'' with respect to the
disclosure of a record to mean ``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). Because ORR is not an immigration enforcement
agency--but rather is responsible for placing unaccompanied children
with vetted and approved sponsors, providing care and services to
unaccompanied children who are in Federal custody by reason of their
immigration status, and identifying and assessing the suitability of a
potential sponsor for each child--it is incompatible with ORR's program
purposes to share information in a system of records, particularly
confidential mental health or behavioral information in children's case
files, for immigration enforcement purposes. See H.R. Rep No. 116-450,
at 185 (2020) (directing ORR to ``refrain from sharing any information
with immigration courts for master calendar hearings, where the court
is not making any decisions about the child's custody,'' and to
``develop policies and protocols to ensure the confidentiality of
counseling and mental health services provided to unaccompanied
children, and of all related documentation, including case notes and
records of therapists and other clinicians, and to incorporate these
policies into the ORR policy guide . . .''); see also id. at 230
(noting the inclusion in that year's appropriations a provision
``prohibiting the use of funds to share information provided by
unaccompanied children during mental health or therapeutic services
with the Department of Homeland Security or the Department of Justice
for the purposes of immigration enforcement.'').\1\ Accordingly, SORN
09-80-0323 mentions at the start of the ``Routine Uses'' section that
disclosures for immigration enforcement purposes will not be made under
routine uses, but would be made only with the subject individual's
prior, written consent.
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\1\ See also, the Consolidated Appropriations Act, 2024, Public
Law 118-364, division H, section 216 (incorporating by reference
section 216 of division D of the Consolidated Appropriations Act,
2020, Pub. L. 116-93, prohibiting the Department of Homeland
Security from using funds provided by the Act or any other Act,
except in certain circumstances, ``to place in detention, remove,
refer for a decision whether to initiate removal proceedings, or
initiate removal proceedings against a sponsor, potential sponsor,
or member of a household of a sponsor or potential sponsor of an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)) based on information
shared by the Secretary of Health and Human Services).''
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ORR may share relevant information in system of records 09-80-0323
for other law enforcement purposes, such as anti-trafficking
investigations, child welfare investigations, or other investigations
that seek to ensure that children are ``protected from traffickers and
other persons seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity.'' 8 U.S.C. 1232(c)(1).
Accordingly, SORN 09-80-0323 includes routine uses authorizing
disclosures for such law enforcement purposes.
II. Purpose for Establishing New System of Records 09-80-0323, ORR
Unaccompanied Children Bureau (UCB) Child Abuse or Neglect
Investigation Records and Central Registry
The purpose for establishing new system of records 09-80-0323 is to
cover any Privacy Act records ORR maintains related to reports and
investigations of child abuse and neglect allegations at ORR care
provider facilities located in States that will not investigate such
reports, as well as at ORR Emergency or Influx Facilities. Such records
are also used to maintain a Central Registry of ORR care provider
facility staff, contractors or sub-grantees, volunteers, or other
individuals who have access to children in ORR care through contracts
or grants with ORR, who are determined by ORR, pursuant to ORR
regulations and policies, to have a sustained allegation of child abuse
or neglect of a child while the child was in ORR custody. The Central
Registry is used to vet prospective candidates to ensure individuals on
the registry are not permitted to work on ORR grants or contracts or
have access to unaccompanied children. Relevant records consist of
personnel history, investigation records, administrative review
findings, case file records of unaccompanied children, and personally
identifiable information of individuals listed in the Central Registry.
III. The Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the U.S.
Government collects, maintains, and uses information about individuals
in a system of records. A ``system of records'' is a group of any
records under the control of a federal agency from which information
about an individual is retrieved by the individual's name or other
personal identifier. The Privacy Act requires each agency to publish in
the Federal Register a system of records notice (SORN) identifying and
describing each system of records the agency maintains, including the
purposes for which the agency uses information about individuals in the
system, the routine uses for which the agency discloses such
information outside the agency, and how individual record subjects can
exercise their rights under the Privacy Act (e.g., to determine if the
system of records contains information about them).
As required by the Privacy Act at 5 U.S.C. 552a(r), HHS has sent a
report of this new system of records to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Accountability of the House of Representatives, and the
OMB Office of Information and Regulatory Affairs.
Robin Dunn Marcos,
Deputy Assistant Secretary for Humanitarian Services, Director, Office
of Refugee Resettlement.
SYSTEM NAME AND NUMBER:
ORR Unaccompanied Children Bureau (UCB) Child Abuse or Neglect
Investigation Records and Central Registry, 09-80-0323.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The address of the component responsible for the system of records
is the Bureau of Operations of the Office of Refugee Resettlement,
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, <a href="/cdn-cgi/l/email-protection#a2f7e1f2cdcecbc1db8ff0c7c5d7cec3d6cdd0dbe3c4c4c3cbd0d1e2c3c1c48ccacad18cc5cdd4"><span class="__cf_email__" data-cfemail="1b4e584b747772786236497e7c6e777a6f7469625a7d7d7a7269685b7a787d35737368357c746d">[email protected]</span></a>, (202) 401-9246.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 279 and 8 U.S.C. 1232; see also 45 CFR parts 410, 411, and
412.
PURPOSE(S) OF THE SYSTEM:
Records are used within HHS/ACF/ORR to investigate reports of child
abuse and neglect arising at ORR care provider facilities located in
States that do not investigate such reports, as well as at ORR
Emergency or Influx Facilities (EIFs). Records are also used to
maintain a Central Registry of ORR care provider facility staff,
contractors or sub-grantees, volunteers, or other individuals who have
access to children in ORR care through contracts or grants with ORR,
[[Page 96252]]
and who are determined by ORR, pursuant to ORR regulations and
policies, to have a sustained allegation of child abuse or neglect of a
child while the child was in ORR custody.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are about the following categories of individuals:
<bullet> Unaccompanied children (UC), which include:
[cir] unaccompanied children currently and formerly in ORR's care
and custody;
[cir] children of unaccompanied children who are housed together
with their unaccompanied child parents who are in ORR custody;
[cir] unaccompanied children who later receive an adjustment of
status or become U.S. citizens; and
[cir] children referred to ORR as likely to be an unaccompanied
child.
<bullet> Alleged perpetrators of abuse or neglect against
unaccompanied children at certain facilities specified under ORR
regulations, i.e., ORR care provider facility staff, contractors or
sub-grantees, volunteers, and other individuals with access to
unaccompanied children in ORR custody through contracts or grants with
ORR,\2\ who are alleged to have committed abuse or neglect against an
unaccompanied child while the child was in ORR custody, and with
respect to whom ORR conducts or may conduct investigations to determine
whether abuse or neglect occurred.
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\2\ E.g., individuals who are affiliated with legal service
providers, child advocates, or other grantees or contractors engaged
by ORR or the relevant care provider facility with respect to the
care of unaccompanied children in ORR custody.
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<bullet> Records about alleged perpetrators may also include
information about additional individuals otherwise associated with an
allegation, intake report, or investigation.
Unaccompanied children (UC) are children who have no lawful
immigration status in the United States; have not attained 18 years of
age; and with respect to whom (i) there is no parent or legal guardian
in the United States; or (ii) no parent or legal guardian in the United
States is available to provide care and physical custody. See 6 U.S.C.
279(g)(2).
The Privacy Act applies only to U.S. citizens and non-U.S. citizens
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
both individuals who are--and individuals who aren't--covered 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 are child abuse and neglect investigation records,
consisting of these categories of records and contents:
1. Personal history information about individuals alleged to have
perpetrated abuse or neglect against unaccompanied children. Such
records may include, as applicable, the alleged perpetrator's name;
date of birth; Social Security Number (SSN); Alien Registration Number;
contact information; identity of any care provider facilities,
contractors, or grantees where the individual was employed or
volunteered; length of employment or volunteer service; background
checks; ORR investigative findings and determinations, including the
evidence and documentation supporting them; and records of any
subsequent administrative reviews.
2. Division of Child Protection Investigations investigative
records. These records include reports providing a description of child
abuse or neglect alleged to have been perpetrated against an
unaccompanied child by an individual identified above, including
narrative information and identifying information about the child, the
alleged perpetrator, and witnesses; supporting documents and evidence
related to investigative findings; and information on the alleged
perpetrator's role in the alleged child abuse or neglect incident(s).
3. HHS Departmental Appeals Board administrative review findings.
These records include administrative review findings of allegations of
child abuse and neglect and supporting documents and evidence
pertaining to the administrative review findings.
4. HHS Assistant Secretary for the Administration for Children and
Families administrative review findings. These records include
administrative review findings of allegations of child abuse and
neglect and supporting documents and evidence pertaining to the
administrative review findings.
5. Case file records of unaccompanied children (UC). These records
contain information about the unaccompanied child alleged to have been
abused or neglected, which may include the child's biographical
information such as name, Alien Registration Number, Fingerprint
Identification Number (FIN), and date and place of birth, as well as
information regarding the allegations of child abuse and neglect.
6. Sustained perpetrator records. These records contain the names
and other identifying information, (e.g., date of birth, SSN, and
address), of individuals determined by ORR, pursuant to ORR regulations
and policies, to have a sustained allegation of child abuse or neglect
of a child while the child was in ORR custody, and details regarding
the sustained allegations.
RECORD SOURCE CATEGORIES:
Information in the records is obtained directly from the record
subjects; family members of unaccompanied children; care provider
staff, contractors, and volunteers, home study providers, and post-
release program providers; the ORR National Call Center; child
advocates; attorneys serving unaccompanied children; Division of Child
Protection Investigation reports; HHS Departmental Appeals Board
decision findings; HHS Assistant Secretary for the Administration for
Children and Families administrative review findings; ORR staff;
hospitals and health care providers; third parties; other federal
agencies; and state and local governments, agencies, and
instrumentalities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to the disclosures 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 ORR 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, these routine uses
authorize disclosures for purposes that are compatible with the purpose
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
[[Page 96253]]
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. 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 immigration enforcement purposes (such as,
determining whether an individual should be removed from the United
States, for immigration detention or bond determinations, or probing
the truth or falsity of an individual's request for asylum or other
immigration relief). Any disclosure for immigration enforcement
purposes would be made only with the prior, written consent of the
subject individual(s).
1. Disclosure Necessary to Conducting Investigations of Child Abuse
or Neglect. Information may be disclosed to the extent necessary to
investigate reports of child abuse or neglect alleged to have occurred
in ORR care provider facilities located in States that do not
investigate such reports, as well as at ORR Emergency or Influx
Facilities (EIFs). Recipients of disclosures under this routine use may
include Federal, state, and local law enforcement agencies; schools;
medical providers; experts asked to do forensic or other analyses;
state and local child welfare entities; state licensing entities; child
advocacy centers; witnesses; the respondent(s); and organizations with
which the respondent was previously employed.
2. Disclosure to Alleged Perpetrator and Their Attorney.
Information regarding the allegation of abuse or neglect, the
initiation of an investigation by ORR, and the disposition determined
by HHS/ACF/ORR regarding the allegation of abuse and neglect;
information regarding an appeal by an individual determined by HHS/ACF/
ORR to have perpetrated child abuse or neglect of an unaccompanied
child in ORR custody; and information regarding further administrative
review of such determination may be disclosed to the alleged
perpetrator and their attorney. If the alleged perpetrator appeals or
requests further administrative review of determinations of child abuse
and neglect, ORR may disclose information contained in supporting
documents and evidence pertaining to the disposition of the allegation,
as well as the final decisions on appeal and on further administrative
review.
3. Disclosure to Alleged Victim, Their Attorney and Child Advocate,
the Alleged Victim's Parent(s), or Legal Guardian(s), Sponsors, and
Care Provider Facility. Information regarding the allegation of abuse
or neglect, the initiation of an investigation by ORR, and the
disposition determined by HHS/ACF/ORR regarding the report of abuse and
neglect, may be disclosed to the alleged victim and to the alleged
victim's attorney and child advocate, parent(s) or legal guardian(s),
sponsor (as appropriate), and care provider facility. In addition,
notice that an alleged perpetrator of abuse or neglect has appealed a
disposition substantiating the allegation, and that such appeal will be
conducted by an Administrative Law Judge (ALJ), may be disclosed to the
alleged victim and the alleged victim's parent(s) or legal guardian(s)
(as appropriate). A copy of the ALJ's decision may be provided to the
alleged victim and to the alleged victim's attorney and child advocate
(as applicable) and parent(s) or legal guardian(s) (as appropriate). If
an alleged perpetrator of child abuse or neglect requests further
administrative review by the Assistant Secretary of ACF of a finding
against them, notice of such request as well as a copy of the final
decision of the Assistant Secretary may be provided to the alleged
victim and to the alleged victim's attorney and child advocate (as
applicable) and parent(s) or legal guardian(s) or sponsor (as
appropriate).
4. Disclosure to ORR Care Providers, Home Study Providers, and
Post-Release Services Providers. Personally identifiable information of
individuals listed in the Central Registry may be disclosed to ORR care
provider facilities, home study providers, and post-release service
providers to inform their employment and hiring decisions about a
candidate seeking employment or volunteer work with that grantee or
contractor that may involve direct contact with unaccompanied children.
5. Disclosure to State and Local Licensing, Child Welfare
Investigative Agencies, and Federal Investigative Entities. Names and
other identifying information of individuals listed in the Central
Registry may be shared with state and local licensing, child welfare,
and law enforcement entities, as well as with federal investigative
entities, including law enforcement entities, in accordance with
applicable reporting laws and policies, as well as for coordinating
with other investigations that may occur concurrently with ORR's
investigation.
6. 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.
7. 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.
8. Disclosure to Department of Justice, or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when 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:
<bullet> HHS, or any component thereof;
<bullet> any employee of HHS in his or her official capacity;
<bullet> any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
<bullet> the United States, and the use of such records by the
Department of Justice or HHS is arguably relevant to the proceedings.
9. 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.
10. 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
[[Page 96254]]
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are stored in file folders. Electronic records are
stored in a database on a computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Personal identifiers used for retrieval include the subject
individual's name, date of birth, SSN, and Alien Registration Number
(if applicable).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records have not yet been scheduled with the National Archives
and Records Administration (NARA). Until they have been scheduled with
NARA and have met the applicable retention period, the records must be
retained indefinitely.
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
training individuals who have access to the records 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, <a href="https://www.hhs.gov/ocio/securityprivacy/index.html">https://www.hhs.gov/ocio/securityprivacy/index.html</a>.
RECORD ACCESS PROCEDURES:
Upon completion of an exemption rulemaking, this system of records
will be exempt from access by subject individuals to the extent
permitted by 5 U.S.C. 552a(k)(2). However, consideration will be given
to any access request addressed to the System Manager, listed above.
Individuals may request access to a record about them in this system of
records by submitting a written access request to the System Manager.
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:
Upon completion of an exemption rulemaking, this system of records
will be exempt from amendment to the extent permitted by 5 U.S.C.
552a(k)(2). However, consideration will be given to any amendment
request addressed to the System Manager, listed above. Individuals
seeking to amend a record about them 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). Records of an administrative proceeding that
results in a final agency determination that an individual perpetrated
child abuse or neglect of a child while the child was in ORR custody
will not be subject to amendment, if the records establish that the
individual exhausted administrative amendment remedies in that
proceeding (i.e., wasn't merely offered the opportunity for amendment)
as required for the individual to pursue judicial remedies.
NOTIFICATION PROCEDURES:
Upon completion of an exemption rulemaking, this system of records
will be exempt from notification to the extent permitted by 5 U.S.C.
552a(k)(2). However, consideration will be given to any notification
request addressed to the System Manager, listed above. Individuals
seeking to determine whether this system of records contains
information about them 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:
Upon completion of an exemption rulemaking, law enforcement
investigatory material in this system of records will be exempt from
certain requirements of the Privacy Act as follows:
<bullet> Based on 5 U.S.C. 552a(k)(2), all investigatory material
compiled for law enforcement purposes will be exempt from the
requirements in subsections (c)(3), (d)(1) through (4), (e)(1),
(e)(4)(G) through (I), and (f) of the Privacy Act; provided, however,
if maintenance of the records causes a subject individual to be denied
a federal right, privilege, or benefit to or for which the individual
would otherwise be entitled or eligible, the exemption will be limited
to material that would reveal the identity of a source who furnished
information to the Government under an express promise that the
identity of the source would be held in confidence.
HISTORY:
None.
[FR Doc. 2024-28382 Filed 12-3-24; 8:45 am]
BILLING CODE 4184-45-P
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</html>Indexed from Federal Register on December 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.