[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45070-45073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22581]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Privacy Act of 1974; New System of Records

AGENCY: Office of Child Support Enforcement, ACF, HHS.

ACTION: Notification of a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 1974 
(5 U.S.C. 552a), the Office of Child Support Enforcement (OCSE) is 
publishing a notice of a new system of records, 09-80-0202, ``Federal 
Case Registry of Child Support Orders.'' We are also proposing routine 
uses for this new system.

DATES: HHS invites interested parties to submit comments on the 
proposed notice within September 21, 1998. HHS has sent a report of a 
New System, as required by 5 U.S.C. 552a(r) of the Privacy Act, to the 
Committee on Government Reform and Oversight of the House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and the Office of Management and Budget (OMB) on August 17, 1998 
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, 
Management of Federal Information Resources, dated February 20, 1996, 
61 FR 6428. The new system will be effective October 1, 1998, unless 
HHS receives comments which would result in a contrary determination.

ADDRESSES: Please address comments to: Donna Bonar, Director, Division 
of Program Operations, Office of Child Support Enforcement, 370 
L'Enfant Promenade, SW, 4th Floor East, Washington, DC 20447, (202) 
401-9271.
    Comments received will be available for inspection at the address 
specified above from 9 a.m. to 5 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Donna Bonar, Director, Division of 
Program Operations, Office of Child Support Enforcement, 370 L'Enfant 
Promenade, SW, 4th Floor East, Washington, DC 20447, (202) 401-9271.

SUPPLEMENTARY INFORMATION: The Secretary is required to establish and 
conduct a Federal Parent Locator Service (Service) pursuant to sections 
453 and 454 of the Social Security Act (the Act) (42 U.S.C. 653 and 
654). The service is a computerized national location network which 
provides information to authorized persons for the purpose of 
establishing parentage; establishing, setting the amount of, modifying 
or enforcing child support obligations; determining who has or may have 
parental rights with respect to a child; enforcing a State or Federal 
law with respect to the unlawful taking or restraint of a child; or 
making or enforcing a child custody or visitation determination as 
defined in section 463(d)(1) of the Act (42 U.S.C. 463(d)(1)).
    The Office of Child Support Enforcement (OCSE) proposes to 
establish a new system of records: 09-80-0202, ``Federal Case Registry 
of Child Support Orders'' (FCR). This system of records is being added 
in accordance with section 453(h)(1) of the Act, (42 U.S.C. 653(h)(1)) 
which requires the Secretary of Health and Human Services to establish 
and maintain an automated registry known as the Federal Case Registry 
of Child Support Orders. The FCR will contain abstracts of support 
orders and other information described in section 453(h)(2) of the Act 
(42 U.S.C. 653(h)(2)), with respect to each case and order in each 
State Case Registry, as

[[Page 45071]]

furnished and regularly updated by the States. This system of records 
will be used to allow States to obtain current information on, or 
facilitate the location of, persons specified in section 453(a) of the 
Act (42 U.S.C. 653(a)). The Federal Case Registry and another component 
of the Service, the National Directory of New Hires (contained in the 
Federal Parent Locator and Federal Tax Refund Offset System, DHHS/OCSE 
No. 09-90-0074) will automatically match each other on an ongoing 
basis.
    These automatic matches will enable the Service to determine if a 
newly-hired employee is a participant in a child support case anywhere 
in the country. These automatic matches will also enable the Service to 
alert States when other States have registered the same individuals.
    The FCR system of records will include records that contain the 
following information: Names (including alternative names); social 
security numbers (including alternative numbers); birth dates; 
participant type (custodial party, noncustodial parent, putative 
father, child); sex; case type (IV-D, non-IV-D) indication of an order; 
family violence indicator (domestic violence or child abuse); locate 
request type (reason for locate); locate source (source which State 
wishes to check for data); State Federal Information Processing 
Standard code; county code; State case identification number; and State 
member identification number.
    The records in this system will be maintained in a secure manner 
compatible with their content and use. Approved users will be required 
to adhere to the provisions of the Privacy Act and the HHS Privacy Act 
Regulations. The System Manager will control access to the data. Access 
to data in this system is restricted to persons whose official duties 
require the use of such information, i.e., OCSE employees and 
contractors responsible for implementing the FCR.
    When a State notifies the FCR that there is reasonable evidence of 
domestic violence or child abuse, and that disclosure could be harmful 
to the party or the child, the Service will place a family violence 
(FV) indicator in the record(s) of such person(s). Thereafter, no 
information about such person(s) will be disclosed from the FCR. 
Rather, the FCR will return a notice indicating that ``Disclosure is 
Prohibited.'' The FV designation can only be removed by the State or 
States that placed the designation. Information from records with the 
FV designation may, however, be disclosed to a court or its agents 
pursuant to section 453(b)(2)(B) of the Act (42 U.S.C. 653(b)(2)(B)). 
Data may also be withheld if its release would violate national 
security or policy interests or compromise the confidentiality of 
census data.
    The records will be stored on discs, computer tapes, and hard copy. 
Rooms where records are to be stored will be locked when not in use. 
During regular business hours rooms will be unlocked but controlled by 
on-site personnel.
    The routine uses include disclosures to States, Courts, their 
agents or attorneys, and representatives of certain children for 
purposes of establishing parentage; establishing, setting the amount 
of, modifying or enforcing child support obligations; and determining 
who have or may have parental rights with respect to a child. 
Disclosures for the purposes of enforcing a State or Federal law with 
respect to the unlawful taking or restraint of a child, or making or 
enforcing a child custody or visitation determination may also be made. 
Additional routine uses include disclosures to the U.S. Central 
Authority (under the Hague Convention on International Child Abduction) 
for the purpose of locating a child or parent; disclosures to State 
child welfare, and foster case agencies to aid in administration of 
these programs; disclosures to State agencies for the purpose of 
assisting States in carrying out their responsibilities under programs 
operated under Titles IV-D and IV-A of the Act; disclosures to the 
Social Security Administration for name, birth date and social security 
number verification; disclosures to the Treasury Department for the 
purposes of administering sections of Title 26; and disclosures for 
research purposes where authorized by law.

    Dated: August 6, 1998.
David Gray Ross,
Commissioner.
09-80-0202

SYSTEM NAME:
    Federal Case Registry of Child Support Orders (FCR), HHS, OCSE.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Child Support Enforcement, 370 L'Enfant Promenade, SW., 
4th Floor East, Washington, DC 20447;
    Social Security Administration, 6200 Security Boulevard, Baltimore, 
Maryland 21235.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records will be maintained with respect to all cases or orders 
submitted by States to the Federal Case Registry. The cases and orders 
which States will submit to the FCR include each case in which services 
are being provided by the State under the State plan approved by Title 
IV-D of the Act, and each support order established or modified in the 
State on or after October 1, 1998.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The FCR system of records will include records that contain the 
following information: Names (including alternative names); social 
security numbers (including alternative numbers); birth dates; 
participant type (custodial party, noncustodial parent, putative 
father, child); sex; case type (IV-D, non-IV-D); indication of an 
order; family violence indicator (domestic violence or child abuse); 
locate request type (reason for locate); locate source (source which 
State wishes to check for data); State Federal Information Processing 
Standard code; county code; State case identification number; and State 
member identification number.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 452 and 453 of the Social Security Act (42 U.S.C. 652 and 
653) required the Secretary of HHS to establish and conduct the Federal 
Parent Locator Service, a computerized national location network which 
provides address and social security number information to State and 
local CSE agencies.

PURPOSE(s):
    The primary purpose of the FCR will be to improve States' abilities 
to locate parents and collect child support. The FCR will consist of 
State case registry information, and will contain abstracts of case and 
order information with respect to each case and order in each State 
Case Registry. At least every two business days, the FCR will be 
matched against the National Directory of New Hires (NDNH), another 
component of the Federal Parent Locator Service, to determine if a 
newly hired employee included in the NDNH is a participant in a child 
support case anywhere in the country. Within two business days after a 
comparison reveals a match with respect to an individual, the Service 
will report the match as well as the information regarding the 
individual's current employment and other pertinent information to the 
State agency or agencies responsible for the case. The Service will 
also alert States when other States have registered the same 
individuals on the FCR.
    The new system of records will include a Family Violence (FV)

[[Page 45072]]

indicator in the FCR to prevent disclosure of the records of any person 
a State associates with FV. When a State notifies the FCR that there is 
reasonable evidence of domestic violence or child abuse, and that 
disclosure could be harmful to the party or the child, the FCR will not 
disclose any information from the records. In this instance, the FCR 
will return a notice indicating that ``Disclosure is Prohibited.'' A FV 
designation can only be removed by the State that placed the 
designation, and the designation may be placed by more than one State 
on the same person. However, information from the records containing a 
FV designation may be disclosed by court order pursuant to section 
453(b)(2)(B) of the Act (42 U.S.C. 653(b)(2)(B)).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The routine uses proposed for this system are compatible with the 
stated purpose of the system. Information from the Federal Case 
Registry may be disclosed to the following entities: (1) Under section 
453(c)(1) of the Act (42 U.S.C. 653(c)(1)), to agents and attorney of a 
State which has in effect an approved plan under Title IV-A of the Act 
who have duty or authority to collect child and spousal support; (2) 
Under section 453(c)(2) of the Act (42 U.S.C 653(c)(2)), to a Court or 
its agent which has authority to issue an order against a noncustodial 
parent for child support or to serve as the initiating court in an 
action to seek a child support order against a noncustodial parent; (3) 
Under section 453(c)(3) of the Act (42 U.S.C. 653(c)(3)), to a resident 
parent, legal guardian, or attorney or agent of a child not receiving 
TANF benefits; (4) Under section 453(c)(4) of the Act (42 U.S.C. 
653(c)(4)), to a State agency administering a child welfare program 
operated under a State plan pursuant to subchapter 1 of Title IV-B of 
the Act or a State plan pursuant to subchapter 2 of Title IV-B of the 
Act, or to a State agency that is administering a program operated 
under a State plan pursuant to Title IV-E of the Act; (5) Under section 
653(j)(1)(B) of the Act (42 U.S.C. 653(j)(1)(B)), to the Social 
Security Administration for verification of name, social security 
number, and birth dates; and employer identification number; (6) Under 
section 453(j)(2)(B) of the Act (42 U.S.C. 653(j)(2)(B)), to State 
agencies responsible for paternity establishment or child support 
cases; (7) Under section 453(j)(3)(B) of the Act (42 U.S.C 
653(j)(3)(B)), to State agencies for the purpose of assisting States to 
carry out their responsibilities under programs operated under Title 
IV-D and IV-A of the Act; (8) Under section 463(d)(2)(A) of the Act (42 
U.S.C. 663(d)(2)(A)), to agents or attorneys of States who have the 
duty or authority to enforce child custody or visitation 
determinations; (9) Under section 453(d)(2)(B) of the Act (42 U.S.C. 
663(d)(2)(B)), to a Court or its agent with the jurisdiction to make or 
enforce a child custody or visitation determination; (10) Under section 
463(d)(2)(C) of the Act (42 U.S.C. 663(d)(2)(C)), to agents or attorney 
of the U.S. or of a State who have the authority or duty to 
investigate, enforce, or prosecute the unlawful taking or restraint of 
a child; (11) Under section 463(e) of the Act (42 U.S.C. 663(e)), to 
the U.S. Central Authority for the purpose of locating any parent or 
child on behalf of an applicant to the Central Authority; (12) Pursuant 
to Pub. L. 105-34, Title X, sections 1090(a)(2) and (4), to the 
Secretary of Treasury for the purpose of administering sections of 
Title 26 which grant tax benefits based on support or residence of 
children; (13) Where permitted by law, to researchers for the purpose 
of conducting research consistent with the pertinent statutory 
authority.

DISCLOSURES TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Secretary of Health and Human Services house the FCR in the 
Social Security Administration's National Computer Center in Baltimore, 
Maryland. A Direct Access Storage Data (DASD) unit will be used for 
storage. FCR records will be maintained on disc and computer tape, and 
hard copy.

RETRIEVABILITY:
    System records can be accessed by either a State assigned case 
identification number or Social Security Number.

SAFEGUARDS:
    1. Authorized Users: Data stored on computer files are accessed by 
passwords known only to persons who are responsible for implementing 
the FCR. Access to information in the FCR system is limited to approved 
users whose official duties require access to this information.
    2. Physical Safeguards: Rooms where records are stored will be 
locked when not in use. During regular business hours rooms will be 
unlocked but controlled by on-site personnel.
    3. Procedural and Technical Safeguards: A password is required to 
access the terminal and a data set name restricts the release of the 
data to only approved users. All users of the FCR system are required 
to have in effect safeguards, applicable to all confidential 
information that are designed to protect the privacy rights of the 
parties; they must also have safeguards against any unapproved use or 
disclosure of information contained in the FCR.

RETENTION AND DISPOSAL:
    (1) Records pertaining to a child will be deleted from the FCR when 
a State dissociates the last custodial parent, non-custodial parent, or 
putative father from the case or order, and no child included in the 
case or order is associated with any other FCR case or order; (2) 
Records containing a Family Violence Indicator will be removed from the 
FCR when the State that initiated the indicator requests that the 
record be removed from the FCR or when the State closes the last case 
or order including the person connected to an indicator; (3) Records of 
information provided by the FCR to authorized users will be maintained 
only long enough to communicate the information to the appropriate 
State or Federal agent. Thereafter, the information provided will be 
destroyed; (4) Records pertaining to disclosures (including information 
provided by States, Federal agencies contacted, and an indication of 
the type(s) of information returned), will be stored on a history tape 
and in hard copy for two years and then destroyed; and (5) Any record 
relating or potentially relating to a fraud or abuse investigation or a 
pending or ongoing legal action including a class action, will be 
retained until conclusion of the investigation or legal action. This 
exception will protect information relevant to a pending case from 
being prematurely destroyed.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Program Operations Division, Office of Child Support 
Enforcement, Department of Health and Human Services, 370 L'Enfant 
Promenade, SW., 4th Floor, Washington, DC 20447.

NOTIFICATION PROCEDURES:
    To determine if a record exists, write to the System Manager listed 
above. The requester must provide his or her full name and address. 
Additional information, such as Social Security Number, date of birth 
or mother's maiden name, may be requested by the system manager in 
order to distinguish

[[Page 45073]]

between individuals having the same or similar names.

RECORD ACCESS PROCEDURES:
    Individuals may have access to their records by making a written 
request, addressed to the System Manager specified above. The envelope 
containing the written request must be marked ``Privacy Act Request'' 
or ``Freedom of Information Act Request'' or both, in the bottom left-
hand corner. The letter requesting access to FCR records must state the 
following: (1) That the request is being made under the Privacy Act; 
Freedom of Information Act, or both, (2) the name, address, and 
signature of the requester; and (3) a detailed description of the 
record contents they are seeking.

CONTESTING RECORD PROCEDURE:
    Individuals may request an amendment of a record which is not 
accurate, relevant, timely, or complete by writing to the System 
Manager at the address specified above. The envelope containing the 
written request must be marked ``Privacy Act Amendment Request'' or 
``Freedom of Information Act Request'' or both, in the bottom left-hand 
corner. The letter requesting an amendment to FCR records must state 
the following: (1) That the request to amend the record is being made 
under the Privacy Act; Freedom of Information Act, or both, (2) the 
individual's name, address, and signature; (3) a description of the 
contested information; (4) the reason why the information should be 
amended; and (5) documentation to show that the information is 
inaccurate, irrelevant, untimely, or incomplete. Individuals who are 
contesting records must also be able to prove their identity.

RECORD SOURCE CATEGORIES:
    Information is obtained from departments, agencies, or 
instrumentalities of the United States or any State.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 98-22581 Filed 8-21-98; 8:45 am]
BILLING CODE 4184-01-P