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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100500-100507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29113]

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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 modified 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 
modifying an existing system of records maintained by the Office of 
Refugee Resettlement (ORR) within HHS' Administration for Children and 
Families (ACF), System No. 09-80-0321, ORR Division of Children's 
Services Records (being renamed ORR Unaccompanied Children Bureau (UCB) 
Administrative Program Records).

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records is effective January 13, 2025, subject to a 30-day period in 
which to comment on the new and revised routine uses, described below. 
Please submit any comments by January 13, 2025.

ADDRESSES: The public should address written comments on this 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 
[email protected].

FOR FURTHER INFORMATION CONTACT: General questions about the modified 
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 
[email protected], or by phone at (202) 839-0615.

SUPPLEMENTARY INFORMATION:

I. Background on ORR Responsibilities, Affecting SORN 09-80-0321

    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 09-80-0321 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 in mixed systems of 
records (referred to as the non-U.S. persons policy). See OMB Privacy 
Act Implementation: Guidelines and 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.''). In addition, 
consistent with TVPRA 8 U.S.C. 1232(c) and HSA, 6 U.S.C. 279(b), 
information shared by HHS, with certain limited exceptions, cannot be 
used to enforce immigration laws against an unaccompanied child's 
sponsor, potential sponsor or a member of their household.\1\ 
Accordingly, SORN 09-80-0321 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 Further Consolidated Appropriations Act, 2024, Public 
Law 118-47, div. C, title II sec. 216 (incorporating by reference 
Consolidated Appropriations Act, 2020, Public Law 116-93, div. D, 
title II, sec. 216, 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,'' with certain limited 
exceptions in sec. 216(b) regarding sponsors convicted of serious 
crimes affecting the welfare of the child); see also 45 CFR 
410.1303(h).
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    ORR may share relevant information in the system of records for 
other law enforcement and child welfare 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 09-80-0321

[[Page 100501]]

includes routine uses authorizing disclosures for such law enforcement 
purposes.

II. Explanation of Modifications to System of Records 09-80-0321

    This system of records covers records about unaccompanied children 
in Federal custody by reason of their immigration status, their 
sponsors, potential sponsors, household members of potential sponsors, 
alternate caregivers identified by sponsors, and information necessary 
to determine the placement of children within the ORR care provider 
network, provide services to children and determine their release to a 
potential sponsor. The System of Records Notice (SORN) has been 
modified as follows:
     The name of the system of records has been changed from 
``ORR Division of Unaccompanied Children Services Records'' to ``ORR 
Unaccompanied Children Bureau (UCB) Administrative Program Records.''
     The Purpose(s) section now includes two additional purpose 
descriptions: to assess the suitability of sponsors of unaccompanied 
children, and to provide post-release services to children released 
from ORR custody.
     The Categories of Individuals section now includes bullet 
points to separate the unaccompanied children category from the 
sponsors and household members categories, and it mentions that 
household members may include adult caregivers and foster parents.
     The Categories of Records section now describes the record 
categories as biographical information about unaccompanied children, 
sponsor background check records, identity documents, and post-release 
services (PRS) records for greater consistency with the UC Bureau 
regulations at 45 CFR parts 410 and 411, instead of as a computerized 
indexing system and case files.
     The list of sources in the Record Source Categories 
section has been revised to add ``ORR-funded grantees and contractors'' 
and ``ORR staff'' and remove ``third parties.''
     In the Routine Uses section, ten existing routine uses 
have been revised and five have been removed, and seven new routine 
uses have been added, explained as follows:
    [cir] Routine use 1, Disclosure to an Attorney or Representative, 
has been revised to describe an additional purpose for attorney 
representation of an unaccompanied child in a state juvenile court 
matter (i.e., ``obtaining a predicate order needed to obtain Special 
Immigrant Juvenile (SIJ) classification'') and to describe purposes for 
attorney representation of unaccompanied children and sponsors in 
matters related to ORR appellate procedures.
    [cir] Routine use 2, Disclosure for Health and Safety, has been 
revised and reorganized. It now consistently describes the disclosure 
recipients as ``health care providers'' (instead of describing them in 
the opening sentence as ``any state or local health care authorities'' 
and elsewhere as ``a health provider''); it describes additional types 
of evaluations that the disclosures could aid in coordinating (i.e., 
``emergency,'' ``routine,'' ``necessary,'' and ``disability''); and it 
now states that private health information not related to illnesses 
that affect public health and safety ``is not authorized to be 
disclosed under this routine use'' (instead of stating that it ``will 
remain confidential'').
    [cir] Routine use 3, Disclosure to Protection and Advocacy 
Organization, has been revised to omit disclosures to Child Advocates, 
which are still authorized, without change, in a separate routine use 
instead (see Routine Use 4, Disclosure to Child Advocates); and to 
include these additional statutory authorities under which disclosures 
may be made to Protection and Advocacy Organizations: 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; and the Protection and Advocacy 
for Individual Rights (PAIR) Act 29 U.S.C. 794(e).
    [cir] The routine use previously numbered as routine use 4, 
Disclosure to Plaintiffs Counsel, has been removed as such disclosures 
are governed by applicable federal court orders, and disclosures made 
pursuant to a federal court order are authorized directly in the 
Privacy Act statute at 5 U.S.C. 552a(b)(12) without the need for a 
routine use.
    [cir] Routine use 5, Disclosure to Department of Homeland Security, 
has been updated to clarify in more detail the instances in which 
information sharing with the Department of Homeland Security may occur 
(i.e., a more specific list of nine instances, a. through j., is now 
included instead of this description of four instances: ``for the 
purpose of adjudicating or deciding immigration relief, notification of 
admission/discharge information and forms, and reported escapes of an 
unaccompanied child from ORR custody; and for background check purposes 
to ensure safe releases''), and to require that disclosures under the 
routine use be made with an express written advisory that no other uses 
by DHS and no subsequent disclosures by DHS to other entities can be 
made. In addition, a description of certain non-permitted disclosures 
has been added at the end of the routine use.
    [cir] Routine use 6, Disclosure for Law Enforcement or Child 
Welfare Purpose, is now titled ``Disclosure for Law Enforcement, Child 
Welfare Investigation, and State Licensing Purposes.'' It now describes 
additional disclosure purposes (i.e., ``to assist with investigations 
into missing children'' and ``case management''), and now requires that 
disclosures under the routine use 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. In 
addition, a description of certain non-permitted disclosures has been 
added at the end of the routine use.
    [cir] A new routine use, numbered as routine use 7, Disclosure to 
the National Center for Missing and Exploited Children (NCMEC), has 
been added to authorize disclosures to NCMEC for purposes of assisting 
with investigations into missing children.
    [cir] The routine use previously numbered as routine use 7, 
Disclosure for Private Relief Legislation, has been removed, as such 
disclosures are not made from this system of records, but would be made 
from system of records 09-90-0068, Federal Private Relief Legislation.
    [cir] Routine use 9, Disclosure to Department of Justice, or in 
Proceedings, has been reorganized but not otherwise changed, except to 
no longer state that the disclosures must be compatible with the 
original purpose for which the information was collected. The statement 
is unnecessary to include in the wording of a routine use, because 
compatibility with original collection purpose is part of the 
definition of a routine use.
    [cir] Routine use 10, Disclosure to Department of Justice for LOPC 
Facilitation, is now titled ``Disclosure to Department of Justice for 
Legal Orientation Programs for Custodians (LOPC) Facilitation.'' It has 
been revised to add that information such as the child's name, Alien 
Number, and sponsor category may be shared with DOJ's Executive Office 
of Immigration Review as part of a case status summary in advance of 
the child's immigration hearing that ORR determines is in the best 
interest of the child.
    [cir] A new routine use, Disclosure to the Government Publishing 
Office, has been added as routine use 12 to

[[Page 100502]]

authorize information sharing with GPO for purposes of creating 
portable versions of ORR release or discharge records.
    [cir] The routine use previously numbered as routine use 13, 
Disclosure to Office Personnel Management, has been removed, as such 
disclosures are not in fact made from this system of records but would 
be made from a system of records that covers personnel management 
records, such as 90-90-0020, Suitability for Employment Records.
    [cir] The routine use previously numbered as routine use 12, 
Disclosure to Contractors, Grantees, and Others, is now numbered as 
routine use 13 and titled ``Disclosure to Contractors, Grantees, and 
Stakeholders.'' It has been revised to list examples of stakeholders 
and to require that the work the disclosure recipients are performing 
for which the disclosures are needed ``relat[e] to the administration 
of services provided by the Unaccompanied Children Bureau (including 
ancillary purposes, such as information technology (IT) system 
support).''
    [cir] Routine use 14, Disclosure in Connection with Litigation, is 
now titled ``Disclosure in Connection with Litigation or Settlement 
Discussions'' and, at the end of the routine use, ``litigation or 
discussions'' has been changed to ``litigation or settlement 
discussions.''
    [cir] The routine use previously numbered as routine use 16, 
Disclosure for Administrative Claims, Complaints, and Appeals, has been 
removed, as such disclosures are not made from this system of records, 
but would be made from a system of records that covers records about 
personnel claims.
    [cir] The routine use previously numbered as routine use 17, 
Disclosure to State Refugee Coordinators, is now numbered as routine 
use 16, and the disclosure purposes it describes are now stated to be 
``in accordance with 8 U.S.C. 1232(c)(2).''
    [cir] The routine use previously numbered as routine use 18, 
Disclosure to other Federal Departments and Nongovernmental 
Organizations and Foreign Governments for Safe Repatriation of UC, is 
now numbered as routine use 17 and is now titled ``Disclosure to other 
Federal Departments and Nongovernmental Organizations and Foreign 
Governments for Safe Repatriation of Unaccompanied Children and for 
Reuniting Children with a Parent or Sponsor Abroad.'' It has been 
revised to include this additional disclosure purpose: ``reuniting 
unaccompanied children with a parent or sponsor abroad in appropriate 
cases under the Homeland Security Act, 6 U.S.C. 279(b)(1)(H).''
    [cir] The two breach response-related routine uses that were added 
in February 2018 (one of which was a revised version of an existing 
routine use, and one of which was new) are now numbered as routine uses 
18 and 19.
    [cir] The routine use previously numbered as routine use 20 (which 
authorized disclosures to the Department of Homeland Security (DHS) in 
the event that information from this system of records were captured in 
an intrusion detection system used by DHS for cybersecurity monitoring 
purposes) has been deleted. The reason for the deletion is to enable 
ORR to evaluate any such disclosure in advance, by requiring DHS to 
make a formal law enforcement request under 5 U.S.C. 552a(b)(7) any 
time that DHS needs to examine information captured in an intrusion 
detection system to address a cybersecurity incident.
    [cir] A new routine use, Disclosure to Department of State, has 
been added as routine use 20 to authorize information sharing with the 
Department of State for purposes such as humanitarian operations, 
sponsor background checks, best interest determinations, and family 
unification efforts. It includes a description of certain non-permitted 
disclosures at the end of the routine use, and it requires that 
disclosures under the routine use be made with an express written 
advisory that no other uses by the Department of State and no 
subsequent disclosures by the Department of State to other entities can 
be made.
    [cir] A new routine use, Disclosure to State and Local Child 
Welfare Agencies and State and Local Governments, has been added as 
routine use 21 to authorize information sharing with state child 
welfare agencies and state and local governments to assist community 
agencies in providing services to unaccompanied children placed in 
their localities and for school enrollment. It includes a description 
of certain non-permitted disclosures at the end of the routine use, and 
it requires that disclosures under the routine use 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.
    [cir] A new routine use, Disclosure to a Foreign Government's 
Embassy or Consulate, has been added as routine use 22 to authorize 
information sharing with foreign embassies and consulates for the 
purposes of authenticating identity documents and information about 
children in ORR custody with respective consulates, and fulfilling the 
consular notification obligations binding on federal agencies pursuant 
to international law and treaties in accordance with Department of 
State guidance on applicable law
    [cir] A new routine use, Disclosure for Approved Research Purposes, 
has been added as routine use 23 to authorize information sharing 
related to research purposes that ORR determines to be likely to 
contribute to the policymaking, operations, and mission of the UC 
Bureau.
    [cir] A new routine use, Disclosure to ACF Unaccompanied Children 
Office of the Ombuds, has been added as routine use 24 to authorize 
information sharing with the ACF Unaccompanied Children Office of the 
Ombuds for investigation and reporting purposes.
    [cir] The Storage section now states: ``Records are stored on cloud 
web servers and/or in file folders,'' instead of: ``Computer records 
are stored on a computer network. Paper records are stored in file 
folders.''
    [cir] The Retrieval section now includes date of birth, and no 
longer includes SSN, in the description of personal identifiers used 
for retrieval.
    [cir] The Retention section now states that records are retained 
for 50 years after a child is released from ORR custody, citing 
disposition schedules DAA-0292-2019-0009-0001 and DAA-0292-2019-0009-
0002. (Previously, it stated that computerized indexing system records 
were retained permanently and that case files were retained for five 
years following receipt of the final progress report, citing 
disposition schedules N1-292-90-04, item 15 and N1-292-90-4, item 34.)
    [cir] The Safeguards section now describes specific administrative, 
technical, and physical safeguards that are used to protect the records 
from unauthorized access, instead of merely stating that Safeguards 
conform to the HHS Information Security Program.
    [cir] The Request Procedures sections have been updated to require 
that access, amendment, and notification requests include date and 
place of birth; to no longer require that requests include SSN; to 
explain that an accounting of disclosures may also be requested; and to 
explain how to verify identity instead of referring to the HHS Privacy 
Act regulations for an explanation.

III. The Privacy Act

    The Privacy Act of 1974, as amended (5 U.S.C. 552a), governs the 
means by which the U.S. Government collects, maintains, and uses 
information about

[[Page 100503]]

individuals in a system of records for purposes compatible with the 
purpose for which the record is collected. A ``system of records'' is a 
group of any records under the control of a federal agency from which 
information about an individual is retrieved by the individual's name 
or other personal identifier. The Privacy Act requires each agency to 
publish in the Federal Register a system of records notice (SORN) 
identifying and describing each system of records the agency maintains, 
including the purposes for which the agency uses information about 
individuals in the system, the routine uses for which the agency 
discloses such information outside the agency, and how individual 
record subjects can exercise their rights under the Privacy Act (e.g., 
to determine if the system contains information about them).
    As required by the Privacy Act at 5 U.S.C. 552a(r), HHS has sent a 
report of this amended system of records and 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) 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, [email protected], (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 Children Bureau (UCB) program, the purposes of which are:
     to provide care and custody of unaccompanied 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 
children; and
     to provide post-release services to children released from 
ORR custody.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records are about these categories of individuals:
     Unaccompanied children (UC), which include:
    [cir] unaccompanied children currently and formerly in ORR's care 
and custody by reason of their immigration status;
    [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;
     sponsors and potential sponsors of unaccompanied children; 
and
     members of a sponsor's or potential sponsor's household 
(including both U.S. and non-U.S. citizens, adult caregivers, and 
foster parents).
    Unaccompanied 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. 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 consist of the below categories of records, which are 
used in providing care, custody, placement, services, and release of 
unaccompanied children. They include biographical information about 
unaccompanied children, sponsor background check records, identity 
documents, and post-release services (PRS) records, further described 
below:
     Biographical information about unaccompanied 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; financial 
information; 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, 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 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.

[[Page 100504]]

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, 
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)(1) and (2) and (4) through (11), 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 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 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 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 Children Bureau 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 \2\). Any disclosure for 
immigration enforcement purposes would be made only with the prior 
written consent of the subject individual(s).
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    \2\ See 45 CFR 1201(b) stating ``ORR shall not disqualify 
potential sponsors based solely on their immigration status and 
shall not collect information on immigration status of potential 
sponsors for law enforcement or immigration enforcement related 
purposes. ORR shall not share any immigration status information 
relating to potential sponsors with any law enforcement or 
immigration enforcement related entity at any time.''
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    1. Disclosure to an Attorney or Representative. Information may be 
disclosed to: an attorney or representative (as defined in 8 CFR 1.2) 
who is acting on behalf of an individual covered by this system of 
records in connection with any proceeding before the Department of 
Homeland Security or the Executive Office for Immigration Review; an 
attorney representing an unaccompanied child in a state juvenile court 
matter that may determine or alter the unaccompanied 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 child in a juvenile or criminal 
court in relation to criminal charges; and an attorney representing an 
unaccompanied 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 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 child may be disclosed 
to an attorney representing the child. A disability evaluation report 
pertaining to an unaccompanied 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 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 children while in ORR care and custody. Information may 
be shared with a health provider to make age determinations for 
unaccompanied 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 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:
    a. Reporting the death or arrest of an unaccompanied child in ORR 
custody or unauthorized absences of unaccompanied 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 UC Policy Guide);
    c. Facilitating transfer to DHS custody of individuals determined 
to be adults,

[[Page 100505]]

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, see 8 U.S.C. 1232(b)(4);
    f. Providing notice of transfers of unaccompanied children in ORR 
custody between care provider facilities, and for discharge 
notifications;
    g. The limited purpose of facilitating human trafficking 
investigations by DHS Homeland Security Investigations (HSI) to ensure 
child safety;
    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.
    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 Children Bureau 
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).
    Disclosures under this routine use will be made with an express 
written advisory that no other uses by DHS and no subsequent 
disclosures by DHS the receiving entity to other entities can be made.
    6. Disclosure for Law Enforcement, Child Welfare Investigation, and 
State Licensing Purposes. 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. 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 (other than 
immigration enforcement) and ORR determines that the disclosure is in 
the best interest of the child; 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 child's health and welfare and 
sponsor background check purposes to ensure safe releases. In no case 
shall information from this system of records be further shared or used 
for purposes that are incompatible with HHS/ORR Unaccompanied Children 
Bureau 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).
    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 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 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 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

[[Page 100506]]

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 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 
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 
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 children, their sponsors, and household members who are 
also eligible for immigration relief, family unification, or 
humanitarian evacuation. In no case shall such information be shared 
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 Department of State 
and no subsequent disclosures by the Department of State to other 
entities can be made.
    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 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 sponsor 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 
Children Bureau 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. Disclosure for Approved Research 
Purposes. ORR may disclose information for research purposes and 
predictive modeling to entities conducting relevant research that ORR 
determines contributes to ORR's policymaking, operations, and mission 
of the UC Bureau.
    23. Disclosure to ACF Unaccompanied Children Office of the Ombuds. 
ORR may disclose information to the ACF Unaccompanied Children Office 
of the Ombuds in accordance with the Ombuds' investigation and 
reporting purposes.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored on cloud web servers and/or in file folders.

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 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:
    Records are retained for 50 years after a child is released from 
ORR custody

[[Page 100507]]

(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, https://www.hhs.gov/ocio/securityprivacy/index.html.

RECORD ACCESS PROCEDURES:
    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:
    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).

NOTIFICATION PROCEDURES:
    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:
    None.

HISTORY:
    81 FR 46682 (July 18, 2016), 83 FR 6591 (Feb. 14, 2018).

[FR Doc. 2024-29113 Filed 12-11-24; 8:45 am]
BILLING CODE 4184-45-P
```