[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Notices]
[Pages 25880-25883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07823]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Privacy Act of 1974; System of Records

AGENCY: Administration for Children and Families, Department of Health 
and Human Services.

ACTION: Notice of a modified system of records and rescindment of a 
system of records notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Department of Health and Human Services (HHS) is 
modifying a system of records maintained by the Office of Family 
Assistance (OFA) within the Administration for Children and Families 
(ACF), 09-80-0375 OFA Temporary Assistance for Needy Families (TANF) 
Data System. The modification will add Tribal TANF records from a 
separate system of records, 09-80-0373 OFA Tribal Temporary Assistance 
for Needy Families (Tribal TANF), which is now being rescinded; and 
will change the name of the system of records 09-80-0375 to Temporary 
Assistance for Needy Families (TANF) Data.

DATES: In accordance with 5 U.S.C. 552a(e)(4), this notice is effective 
April 12, 2024; however, the public may submit comments on the notice.

ADDRESSES: The public should submit written comments by mail or email 
to Anita Alford, Senior Official for Privacy, Administration for 
Children and Families, 330 C Street SW, Washington DC 20201, or 
[email protected]. Please include ``09-80-0375'' in the subject 
line. Comments received, if any, will be available for public 
inspection at the above address during business hours, or otherwise 
upon request; please contact Anita Alford at (202) 401-4628 or 
[email protected] for an appointment or to request a copy. We do 
not edit personal identifying information from submissions; therefore, 
you should submit only information that you wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: General questions about the systems of 
records may be submitted by mail or email to TANF Data Division, Office 
of Family Assistance, Administration for Children and Families, 330 C 
Street SW, Washington, DC 20201, or [email protected]; or may be 
submitted by telephone to Anita Alford, Senior Official for Privacy, at 
(202) 401-4628.

SUPPLEMENTARY INFORMATION:

I. Background

    The Office of Family Assistance (OFA) oversees the cash welfare 
block grant called the Temporary Assistance for Needy Families (TANF) 
program. The TANF program provides assistance and work opportunities to 
needy families through grants that provide states, certain U.S. 
territories, and Tribes with federal funds and flexibility to develop 
and implement their welfare programs. Each state and U.S. territory 
that operates a program of cash assistance for low-income families 
using TANF funding is required by statute to collect data about the 
recipients of that cash assistance. Federally recognized tribes 
administering TANF programs are also required to collect similar data. 
Given the similar nature of the data collections for states, 
territories, and Tribes, OFA determined that it is unnecessary to have 
a separate System of Records Notice (SORN) for Tribal TANF data, hence 
the recission of SORN 09-80-0373. Instead, Tribal TANF data will be 
covered under the updated SORN 09-80-0375.
    In addition, OFA is in the process of replacing the legacy TANF 
Data Reporting System. With this development, OFA is updating SORN 09-
80-0375 to be IT system-agnostic, to no longer mention particular types 
of electronic storage media, which can become outdated over time, to 
describe the specific safeguards used to secure the data, and to cite 
the sources of the retention periods applicable to the data.

II. Modifications to SORN 09-80-0375

    The changes to SORN 90-80-0375 include:
     Reformatting the SORN to use the format prescribed in 
Office of Management and Budget (OMB) Circular A-108, issued December 
23, 2016.
     Changing the name of the system of records from ``OFA 
Temporary Assistance for Needy Families (TANF) Data System'' to 
``Temporary Assistance for Needy Families (TANF) Data.''
     Updating the System Location address and System Manager 
contact information.
     In the Authority section, removing references to no longer 
relevant statutory and regulatory provisions, i.e., ``42 U.S.C. 
603(a)(4), 613(d) (secs. 403 and 413 of the Social Security Act); 45 
CFR part 270 (collection of information for performance measures),'' 
and adding authorities for maintenance of Tribal TANF data, from SORN 
09-80-0373.
     Revising the Purpose(s) section to refer to ``grantees'' 
instead of ``states'' (to encompass territories and Tribes); to change 
``prescribed work'' to ``work participation'' in the first purpose 
description; to change the third purpose description from computing 
states' scores on work measures and ranking states' performance in 
assisting TANF recipients to obtain and retain employment to 
``perform[ing] research on the caseload dynamics and employment 
trajectories of TANF recipients;'' and, in the paragraph at the end of 
the section, inserting ``Tribal TANF programs'' and omitting statements 
that data is pooled to create a national database and that some data 
may be matched with records of individual employment information in the 
National Directory of New Hires system of records but would be 
transmitted back to OFA in a form that is not individually 
identifiable.
     In the Categories of Records section, no longer including 
lists of data elements, which were similar, but not identical, in the 
two SORNs; but retaining the same three categories of

[[Page 25881]]

records that were listed in both SORNs: ``family-level data; adult-
level or minor-child-head-of-household data; and child data.''
     Changing the Record Source Categories description from 
``states'' to ``TANF grantee agencies in the states, territories, and 
Tribal organizations.''
     Removing or not including three unnecessary routine uses 
(two of them were in only the Tribal TANF SORN, numbered as 3. 
Disclosure Incident to Requesting Information and 4. Disclosure for 
Employee Retention, Security Clearance, Contract, or Other Benefit; and 
the other one was in both SORNs, formerly numbered in SORN 09-80-0375 
as 9. Disclosure to Office of Personnel Management); and combining two 
litigation-related routine uses that were in both SORNs into one 
routine use, thereby removing the routine use that was formerly 
numbered in SORN 09-80-0375 as 10. Disclosure in Connection with 
Litigation. Former Tribal TANF routine uses 3 and 4 authorized 
disclosures to aid personnel-related, procurement-related, and other 
administrative decisions by HHS or another agency, and former routine 
use 9 authorized disclosures to the Office of Personnel Management to 
discharge its personnel management responsibilities, and such 
disclosures are not, in fact made with records from this system of 
records. Former routine use 10 authorized disclosures in connection 
with litigation or settlement discussions, and such disclosures are now 
adequately covered in revised routine use 5, which authorizes 
disclosures to the Department of Justice or in proceedings.
     Revising three existing routine uses, as follows:
    [cir] Routine use 1, Disclosure of Identifiable Data for Research, 
has been reworded but not substantively changed except to remove 
redundant wording requiring the disclosures to be compatible with the 
original collection purpose (such wording is part of the definition of 
a routine use).
    [cir] Routine use 5, which was formerly captioned Disclosure to 
Department of Justice (DOJ) or in Proceedings, has been revised to 
change ``Proceedings'' to ``Litigation'' in the caption (to reflect the 
combination with former routine use 10 which was captioned Disclosure 
in Connection with Litigation); to change ``relevant and necessary to 
the litigation'' to ``arguably relevant to the litigation''; and to 
change ``deemed'' to ``determined.'' In addition, the proviso at the 
end of the routine use that stated ``provided, however, that in each 
case it has been determined that the disclosure is compatible with the 
purpose for which the records were collected'' has been removed because 
that is part of the definition of a routine use, so is redundant to 
include in the wording of a routine use.
    [cir] Routine use 7, Disclosure to Contractors, Grantees, and 
Others, has been revised to require that the matters performed by 
agency contractors, grantees, and others on behalf of HHS for which 
they need access to records from this system of records, must be 
``related to the purposes of this system of records,'' so that the 
routine use wording is not overly broad.
     Changing ``State provided data'' to ``grantee-provided 
data'' in the Note about matching at the end of the Routine Uses 
section.
     Updating the Storage section to state that records are 
``stored in electronic media'' without describing particular types of 
electronic storage media, which could become outdated over time.
     Updating the Retrieval section to state how records 
``are'' (not ``may be'') retrieved; to omit ``name'' as a personal 
identifier used for retrieval; to change ``assigned case or family 
identification-number'' to ``assigned case number;'' and to change 
``state-assigned'' to ``grantee-assigned'' to reflect that identifiers 
may be assigned by territories and Tribes, not just states.
     Updating the Retention section to cite the disposition 
schedule which applies to the data (no schedules were cited in either 
SORN) and provide a shorter summary of the applicable retention 
periods.
     Improving the Safeguards section by identifying the 
specific administrative, technical, and physical safeguards used to 
protect the data from unauthorized disclosure.
     Improving the sections describing procedures for making 
access, amendment, and notification requests, so that:
    [cir] the requirements (including identity verification 
requirements) that apply to all three types of requests are now 
directly included in the Access procedures section and then 
incorporated by reference in the Contesting Records and Notification 
procedures sections;
    [cir] the information that ``must'' be included in a request now 
includes ``telephone number and/or email address'' and ``date of 
birth;'' and
    [cir] the procedures now state that ``the state, Tribe, or 
territory where the requester participated in the TANF program'' should 
be identified in the request.

III. Rescindment of SORN 09-80-0373

    HHS is rescinding SORN 09-80-0373 OFA Tribal Temporary Assistance 
for Needy Families (Tribal TANF) as duplicative of modified SORN 09-80-
0375. The records that were covered in SORN 09-80-0373 are still 
maintained by ACF/OFA but are now covered in SORN 09-80-0375.

Beth Kramer,
HHS Privacy Act Officer, FOIA--Privacy Act Division, Office of the 
Assistant Secretary for Public Affairs.

SYSTEM NAME AND NUMBER:
    Temporary Assistance for Needy Families (TANF) Data, 09-80-0375.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Family Assistance, Administration for Children and 
Families, 330 C St. SW, Washington, DC 20201.

SYSTEM MANAGER(S):
    The System Manager is the Deputy Director of the TANF Data 
Division, Office of Family Assistance, Administration for Children and 
Families, 330 C Street SW--3rd Floor, Washington, DC 20201; Email: 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    TANF: 42 U.S.C. 601 through 619 (Title IV-A of the Social Security 
Act); 45 CFR part 265 (TANF data collection and reporting regulations);
    Tribal TANF: 42 U.S.C. 612 (sec. 412 of the Social Security Act). 
Tribal TANF data collection and reporting regulations are found in 45 
CFR part 286.

PURPOSE(S) OF THE SYSTEM:
    The purposes for which TANF data are used are:
    1. to determine whether grantees are meeting certain requirements 
prescribed by the Social Security Act, including work participation and 
time-limit requirements;
    2. to compile information used to report to Congress on the TANF 
program; and
    3. to perform research on the caseload dynamics and employment 
trajectories of TANF recipients.
    The monthly TANF data are reported by the individual grantees for 
each Federal fiscal quarter. (The term ``grantees'' is used in this 
notice to refer to the Tribal TANF programs, 50 states, the District of 
Columbia, and the jurisdictions of Puerto Rico, the U.S. Virgin 
Islands, and Guam.)

[[Page 25882]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records are about the following categories of individuals:
    1. Members of families (as defined at 45 CFR 265.2) who received 
assistance under the TANF program in any month. For data collection and 
reporting purposes only, family means:
    a. all individuals receiving assistance as part of a family under 
the State's TANF or separate State program (including noncustodial 
parents, where required under 45 CFR 265.3(f)); and
    b. the following additional persons living in the household, if not 
otherwise included:
    [cir] parent(s) or caretaker relative(s) of any minor child 
receiving assistance;
    [cir] minor siblings of any child receiving assistance; and
    [cir] any person whose income or resources would be counted in 
determining the family's eligibility for or amount of assistance.
    2. Members of families no longer receiving assistance under the 
TANF program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    There are three distinct categories of TANF data: family-level 
data; adult-level or minor-child-head-of-household data; and child 
data.

RECORD SOURCE CATEGORIES:
    All information is obtained from TANF grantee agencies in the 
states, territories, and Tribal organizations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    These routine uses specify circumstances, in addition to those 
provided by statute in the Privacy Act of 1974, as amended, at 5 U.S.C. 
552a(b), under which ACF may release information from this system of 
records without the consent of the data subject. Each proposed 
disclosure of information under these routine uses will be evaluated to 
ensure that the disclosure is legally permissible.
    1. Disclosure of Identifiable Data for Research. Information from 
this system of records may be disclosed with personal identifiers 
included for use solely as a statistical, research, or reporting record 
in response to specific requests from public or private entities. No 
data will be disclosed until the requester has agreed in writing not to 
use such data to identify any individuals and has provided advance 
adequate written assurance that the records will be used solely as a 
statistical, research, or reporting record.
    2. Disclosure for Law Enforcement Purpose. 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.
    3. Disclosure for Private Relief Legislation. Information may be 
disclosed to the Office of Management and Budget at any stage in the 
legislative coordination and clearance process in connection with 
private relief legislation as set forth in OMB Circular No. A-19.
    4. 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 request 
of the individual.
    5. Disclosure to Department of Justice (DOJ) or in Litigation. 
Information may be disclosed to DOJ, or in a proceeding before a court, 
adjudicative body, or other administrative body before which HHS is 
authorized to appear, or in proceedings arguably relevant to the 
litigation, when: HHS, or any component thereof; or any employee of HHS 
in his or her official capacity; or any employee of HHS in his or her 
individual capacity where DOJ 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, is a party to the 
proceedings or has an interest in such proceedings, and the use of such 
records by DOJ or HHS is determined by HHS to be arguably relevant to 
the litigation.
    6. Disclosure to the National Archives and Records Administration 
(NARA). Information may be disclosed to NARA in records management 
inspections.
    7. Disclosure to Contractors, Grantees, and Others. Information may 
be disclosed to contractors, grantees, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, job, or other activity for HHS related to the purposes of 
this system of records and who have a need to have access to the 
information in the performance of their duties or activities for HHS.
    8. Disclosure in the Event of a Security Breach Experienced by HHS. 
Records may be disclosed to appropriate agencies, entities, and persons 
when (1) HHS suspects or has confirmed that there has been a breach of 
the system of records, (2) HHS has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
HHS (including 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's efforts to respond to the suspected of 
confirmed breach or to prevent, minimize, or remedy such harm.
    9. Disclosure to Assist Another Agency Experiencing a Security 
Breach. Records may be disclosed to another federal agency or federal 
entity, when HHS determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the federal government, or national 
security, resulting from a suspected or confirmed breach.
    Note: Data produced by matching grantee-provided data in this 
system of records with data from the Office of Child Support 
Enforcement's National Directory of New Hires system of records will 
only be disclosed in accordance with applicable routine use disclosures 
set forth in SORN 09-80-0381 OCSE National Directory of New Hires.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by a grantee-defined unique identifier (which 
may be an SSN) or assigned case number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records (family-level data; adult-level or minor-child-head-of-
household data; and child data) are retained for administrative, audit, 
legal, or operational purposes, and in accordance with records schedule 
DAA-292-2016-0006, Item 7.1 Data, Reports and Tables and Item 7.2 Other 
Reports, approved by the National Archives and Records Administration 
(NARA).
     Item 7.1 Data, Reports and Tables provides for records 
related to cash assistance caseloads, work participation data, and 
caseload characteristics to be cut off at the end of the fiscal year 
and transferred to NARA 20 years after cutoff, for permanent retention, 
due to its significant research value.
     Item 7.2 Other Reports provides for routine administrative 
supporting documents for the National Directory of New Hires (NDNH) 
match reports, and

[[Page 25883]]

Temporary Assistance for Needy Families and maintenance of effort 
reports submitted by states, territories, and tribes, to be cut off at 
the end of the fiscal year the reports are completed and destroyed 
three years after cutoff.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Safeguards conform to the HHS Information Security and Privacy 
Program, https://www.hhs.gov/ocio/securityprivacy/index.html. The 
information technology system used to store the records leverages cloud 
service providers that maintain an authority to operate in accordance 
with applicable laws, rules, and policies, including Federal Risk and 
Authorization Management Program (FedRamp) requirements.
    Information is safeguarded in accordance with applicable laws, 
rules and policies, including the HHS information security policies, 
the E-Government Act of 2002, which includes the Federal Information 
Security Management Act of 2002 (FISMA), 44 U.S.C. 3541 through 3549, 
as amended by the Federal Information Security Modernization Act of 
2014, 44 U.S.C. 3551 through 3558, all pertinent National Institutes of 
Standards and Technology (NIST) publications, and OMB Circular A-130, 
Managing Information as a Strategic Resource. Records are protected 
from unauthorized access through appropriate administrative, physical, 
and technical safeguards. Agency personnel, contractors, and grantees 
who have access to the records are required to maintain confidentiality 
by assuring that case records are kept in a safe, secure environment 
within agency, contractor, or grantee facilities. They are also 
required to sign a confidentiality agreement and to receive annual 
training on records management, cybersecurity, privacy, and 
confidentiality policies and procedures, including methods of 
protecting client confidentiality.
    Case records are filed electronically according to OFA protocols, 
and access to records is controlled through log-in/out processes for 
computer logs. The records are accessible only to authorized users 
using two-factor authentication through a secured system that is 
protected by encryption, firewalls, and intrusion detection systems and 
requires additional encryption for any records stored on removable 
media. Records that become eligible for destruction are disposed of in 
alignment with the secure destruction methods prescribed by the NIST 
Special Publication (SP) 800-88. The associated information technology 
(IT) system(s) receive Authority to Operate (ATO) under the guidance of 
NIST SP 800-53.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about them in this system of 
records must submit a written access request to the relevant System 
Manager identified in the ``System Manager(s)'' section of this SORN. 
The request must contain the requester's full name, Social Security 
Number, address, telephone number and/or email address, date of birth, 
and signature, and should identify the state, Tribe, or territory where 
the requestor participated in the TANF program.
    So that HHS may verify the requester's identity, the requester's 
signature must be notarized or the request must include the requester's 
written certification that the requester is the individual who the 
requester claims to be and that the requester understands that the 
knowing and willful request for or acquisition of a record pertaining 
to an individual under false pretenses is a criminal offense subject to 
a fine of up to $5,000.
    You may also request an accounting of disclosures that have been 
made of records about you, if any.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to amend records about them in this system of 
records must submit a written amendment request to the relevant System 
Manager identified in the ``System Manager(s)'' section of this SORN, 
containing the same information required for an access request. The 
request must include verification of the requester's identity in the 
same manner required for an access request; must reasonably identify 
the record and specify the information contested, the corrective action 
sought, and the reasons for requesting the correction; and should 
include supporting information to show how the record is inaccurate, 
incomplete, untimely, or irrelevant.

NOTIFICATION PROCEDURES:
    Individuals who wish to know if this system of records contains 
records about them must submit a written notification request to the 
relevant System Manager identified in the ``System Manager(s)'' section 
of this SORN. The request must contain the same information required 
for an access request and must include verification of the requester's 
identity in the same manner required for an access request.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    80 FR 17903 (Apr. 2, 2015), 83 FR 6591 (Feb. 14, 2018).

NOTICE OF RESCINDMENT:
    For the reasons explained in the Supplementary Information section 
at III., the following system of records is rescinded:

SYSTEM NAME AND NUMBER:
    OFA Tribal Temporary Assistance for Needy Families (Tribal TANF), 
09-80-0373.

HISTORY:
    80 FR 17901 (Apr. 2, 2015), 83 FR 6591 (Feb. 14, 2018).

[FR Doc. 2024-07823 Filed 4-11-24; 8:45 am]
BILLING CODE 4184-42-P