[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Notices]
[Pages 11015-11018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5584]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Privacy Act of 1974; Amended System of Records

AGENCY: Office of Child Support Enforcement (OCSE), ACF, DHHS.

ACTION: Notice.

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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 notice of its amendment of its systems of records entitled 
``The Federal Parent Locator and Federal Tax Refund/Administrative 
Offset System'', DHHS/OCSE No. 09-90-0074.

DATES: HHS invites interested parties to submit comments on the 
proposed notice within April 7, 1999. As required by the Privacy Act (5 
U.S.C. 552a(r)), on March 2, 1999 HHS sent a report of an Amended 
System 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. The amendments 
described in this notice are effective upon publication unless HHS 
receives comments that would result in a contrary determination.

ADDRESSES: Please address comments to Donna Bonar, Director, Division 
of Program Operations, Office of Child Support Enforcement, 
Administration for Children and Families, 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, Administration 
for Children and Families, 370 L'Enfant Promenade, SW, 4th Floor East, 
Washington, DC 20447, (202) 401-9271.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Office of 
Child Support Enforcement (OCSE) is amending one of its Systems of 
Records, ``The Federal Parent Locator and Federal Tax Refund/
Administrative Offset System'', DHHS/OCSE No. 09-90-0074, last 
published at 61 FR 51663 on October 2, 1997.
    OCSE wishes to advise the public that OCSE is changing the name of 
this system to ``Location and Collection System'' (LCS). In addition, 
OCSE will no longer refer to subsystems of the LCS

[[Page 11016]]

as the ``Parent Locator Service'' and ``Tax Refund/Administrative 
Offset'' subsystems. OCSE also wishes to advise the public that the LCS 
is being further expanded. First, consistent with sections 452(l) and 
466(a)(17)(A)(i) of the Social Security Act (the Act) as amended by 
Pub. L. 105-200, it will be used to aid State Child Support Enforcement 
Agencies in obtaining information from multistate financial 
institutions. Second, in accordance with section 453A(b)(1)(B) of the 
Act, multistate employer information will be included in the portion of 
the LCS which constitutes the National Directory of New Hires (NDNH). 
In addition, several aspects of the retention and disposal procedures 
for records in the LCS are being modified. Pursuant to section 
453(i)(2)(B) of the Act, 42 U.S.C. 653(i)(2)(B), quarterly wage and 
unemployment compensation in the NDNH will generally be used for child 
support enforcement purposes for only 12 months after the date the 
information has been provided in circumstances where no match has 
resulted as a result of any information comparisons. Moreover, any new 
hire, quarterly wage and unemployment compensation data will generally 
be retained for only 24 months after the date of entry, after which 
time NDNH data will be deleted. However, the 12- or 24-month limits 
will not apply to NDNH data samples whose retention and use the 
Secretary finds necessary to assist in the carrying out of research 
authorized under section 453(j)(5) of the Act. Finally, we have 
clarified our description of the categories of individuals included in 
the system to indicate that records are maintained for uses pertinent 
to individuals who have or may have parental rights with respect to a 
child and to indicate that the records maintained may pertain to assets 
of or debts owed to or by individuals. We have also made other 
adjustments to this Notice for clarification purposes.
    The complete system notice is republished below.

    Dated: February 19, 1999.
Paul Legler,
Acting Commissioner, Office of Child Support Enforcement.
09-90-0074

SYSTEM NAME:
    Location and Collection System (LCS), 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 to locate individuals for the purpose of 
establishing parentage, establishing, setting the amount of, modifying, 
or enforcing child support obligations, or enforcing child custody or 
visitation orders and may include (1) Information on, or facilitating 
the discovery of, or the location of any individuals: (A) Who are under 
an obligation to pay child support or provide child custody or 
visitation rights; (B) against whom such an obligation is sought; (C) 
to whom such an obligation is owed including the individual's social 
security number (or numbers), most recent address, and the name, 
address, and employer identification number of the individual's 
employer; and (D) who have or may have parental rights with respect to 
a child (2) Information on the individual's wages (or other income) 
from, and benefits of, employment (including rights to enrollment in 
group health care coverage); (3) Information on the type, status, and 
amount of any assets or debts owed to or by such an individual; and (4) 
Information on certain Federal disbursements payable to a delinquent 
obligor which may be offset for the purpose of collecting past-due 
child support.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The LCS record system will consist of records that contain the name 
of a noncustodial or custodial parent or child, Social Security number 
(when available), date of birth, place of birth, sex code, State case 
identification number, local identification number (State use only), 
State or locality originating request, date of origination, type of 
case (TANF, non-TANF full-service, non-TANF locate only, parental 
kidnapping), home address, mailing addresses, type of employment, work 
location, annual salary, pay rate, quarterly wages, medical coverage, 
benefit amounts, type of military service (Army, Navy, Marines, Air 
Force, not in service), retired military (yes or no), Federal employees 
(yes or no), recent employer's address, known alias (last name only), 
offset amounts, date requests sent to Federal agencies or departments 
(SSA, Treasury, DoD/OPM, VA, USPS, FBI, and SESAs), dates of Federal 
agencies' or departments' responses, date of a death, record 
identifier, an employee date of hire, employee State of hire, Federal 
EIN, State EIN, employer name, employer address, employer foreign 
address, employer optional address, and employer optional foreign 
address; multistate employer, name, address and EIN; employee SSN, 
employee name, employee wage amount, reporting period, claimant SSN, 
claimant name, claimant address, SSA/VA benefit amount, reporting 
period, State code, local code, case number, arrearage amount, 
collection amount, adjustment amount, return indicator, transfer State, 
street address, city and State, zip code, zip code 4, total debt, 
number of adjustments, number of collections, net amount, adjustment 
year, tax period for offset, type of offset, submitting State FIPS, 
locate code, case ID number, case type, and court/administrative order 
indicator. Records used to aid State Child Support Enforcement Agencies 
in obtaining information from multistate financial institutions may 
include institution name(s), name control, Taxpayer Identification 
Number(s), year, month, service bureau indicator, transfer agent 
indicator, foreign corporation indicator, reporting agent/transmitter, 
address(es), file indicator, record type, payee last name control, 
SSN(s), payee account number, account full legal title (optional), 
payee foreign country indicator (optional) payee names, addresses, 
account balances (optional), trust fund indicator, account balance 
indicator (optional), account update indicator, account type, date of 
birth.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 452 and 453 of the Social Security Act require the 
Secretary of HHS to establish and conduct the Federal Parent Locator 
Service, a computerized national location network which provides 
address and SSN information to authorized persons, primarily for the 
purposes of establishing and collecting child support obligations.

PURPOSE(s):
    The primary purpose of the system is to improve States' abilities 
to locate parents and collect child support.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The routine uses of records maintained in the LCS are as follows: 
(1) Request the most recent home and employment addresses and SSN of 
the noncustodial or custodial parents from any State or Federal 
government

[[Page 11017]]

department, agency or instrumentality which might have such information 
in its records; (2) Provide the most recent home and employment 
addresses and SSN to State Child Support Enforcement (CSE) agencies 
under agreements covered by section 463 of the Social Security Act (42 
U.S.C. 663) for the purpose of locating noncustodial parents or 
children in connection with activities by State courts and Federal 
attorneys and agents charged with making or enforcing child custody 
determinations or conducting investigations, enforcement proceedings or 
prosecutions concerning the unlawful taking or restraint of children; 
(3) Provide the most recent home and employment addresses and SSN to 
agents and attorneys of the United States, involved in activities in 
States which do not have agreements under section 463 of the Act for 
purposes of locating noncustodial parents or children in connection 
with Federal investigations, enforcement proceedings or prosecutions 
involving the unlawful taking or restraint of children; (4) Provide to 
the State Department the name and SSN of noncustodial parents in 
international child support cases, and in cases involving the Hague 
Convention on the Civil Aspects of International Child Abduction; (5) 
Provide to State agencies data in the NDNH portion of this system for 
the purpose of administering the Child Support Enforcement Program and 
the Temporary Assistance for Needy Families (TANF) program; (6) Provide 
to the Commissioner of Social Security information in the NDNH portion 
of this system for the purpose of verifying reported SSNs and other 
purposes; (7) Provide to the Secretary of the Treasury information in 
the NDNH portion of this system for purposes of administering advance 
payment of the earned income tax credit and verifying a claim with 
respect to employment in a tax return; (8) Provide to researchers new 
hire data for research efforts that would contribute to the TANF and 
CSE programs. Information disclosed may not contain personal 
identifiers; (9) Provide to State CSE agencies, or any agent of an 
agency that is under contract with the State CSE agency information 
which will assist in locating individuals for the purposes of 
establishing paternity and for establishing, modifying, and enforcing 
child support obligations; (10) Disclose to authorized persons as 
defined in section 453(c) of the Act (42 U.S.C. 653(c)) records for the 
purpose of locating individuals and enforcing child custody and 
visitation orders; (11) Disclose to the State agency administering the 
Medicaid, Unemployment Compensation, Food Stamp, SSI, and territorial 
cash assistance programs new hire information for income eligibility 
verification; (12) Disclose to State agencies administering 
unemployment and workers' compensation programs new hire information to 
assist in determining the allowability of claims; (13) Disclose 
information to the Treasury Department in order to collect past due 
child support obligations via offset of tax refunds and certain Federal 
payments such as: Federal salary, wage and retirement payments; vendor 
payments; expense reimbursement payments; and travel payments; (14) 
Disclose to the Secretary of State information necessary to revoke, 
restrict, or deny a passport to any person certified by State CSE 
agencies as owing a child support arrearage greater than $5,000; and 
(15) Disclose to States information pertaining to multistate financial 
institutions which has been provided by such institutions in order to 
aid State Child Support Enforcement Agencies.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    LCS records are 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: All requests from the State IV-D Agency must 
certify that: (1) They are being made to locate noncustodial and 
custodial parents for the purpose of establishing paternity or securing 
child support, or in cases involving parental kidnapping or child 
custody and visitation determinations and for no other purpose; (2) the 
State IV-D agency has in effect protective measures to safeguard the 
personal information being transferred and received from the Federal 
Parent Locator Service; and (3) the State IV-D Agency will use or 
disclose this information for the purposes prescribed in 45 CFR 302.70.
    2. Physical Safeguards: For computerized records electronically 
transmitted between Central Office and field office locations 
(including organizations administering HHS programs under contractual 
agreements), safeguards include a lock/unlock password system. All 
input documents will be inventoried and accounted for. All inputs and 
outputs will be stored in a locked receptacle in a locked room. All 
outputs will be labeled ``For Official Use Only'' and treated 
accordingly.
    3. Procedural and Technical Safeguards: All Federal and State 
personnel and contractors, are required to take a nondisclosure oath. A 
password is required to access the terminal. All microfilm and paper 
files are accessible only by authorized personnel who have a need for 
the information in the performance of their official duties.
    These practices are in compliance with the standards of Chapter 45-
13 of the HHS General Administration Manual, ``Safeguarding Records 
Contained in Systems of Records,'' and the Department's Automated 
Information System Security Program Handbook.

RETENTION AND DISPOSAL:
    Quarterly wage data and unemployment data supplied to the LCS 
which, within 12 months, has not produced a match as a result of any 
information comparison will not thereafter be used for child support 
enforcement purposes. Such quarterly wages and unemployment data and 
new hire information will ordinarily be retained for 24 months after 
the date of entry and then destroyed. Quarterly wage data and 
unemployment data which has produced a match as a result of an 
information comparison will be retained for 24 months. Sample data will 
be retained only long enough to complete research authorized under 
section 453(j)(5) of the Act.
    Tax refund and administrative offset information will be maintained 
for six years in an active master file for purposes of collection and 
adjustment. After this time, records of cases for which there was no 
collection will be destroyed. Records of cases with a collection will 
be stored on-line in an inactive master file.
    Records pertaining to passport denial will be updated and/or 
deleted as obligors meet satisfactory restitution or other State 
approved arrangements.
    Records of information provided 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. However, records pertaining to the 
disclosures, which include information

[[Page 11018]]

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 five years and then destroyed.
    Records of information provided by financial institutions for the 
purpose of facilitating matches will be maintained only long enough to 
communicate the information to the appropriate State agent. Thereafter, 
the information provided will be destroyed. However, records pertaining 
to the disclosures, which include 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 five years and then destroyed.

SYSTEM MANAGER(s) AND ADDRESS:
    Director, Division of Program Operations, Office of Child Support 
Enforcement Administration for Children and Families, 370 L'Enfant 
Promenade, SW, 4th Floor East, Washington, DC 20447.

NOTIFICATION PROCEDURES:
    To determine if a record exists, write to the System Manager at the 
address listed above. The request must indicate whether the information 
concerns the requestor or someone else. It must also be notarized and 
contain the individual's 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 between 
individuals having the same or similar names.

RECORD ACCESS PROCEDURES:
    Write to the System Manager specified above to attain access to 
records. Requesters should provide a detailed description of the 
records contents they are seeking.

CONTESTING RECORD PROCEDURE:
    Contact the official at the address specified under system manager 
above, and identify the record and specify the information to be 
contested and corrective action sought with supporting justification to 
show how the record is inaccurate, incomplete, untimely or irrelevant.

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

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 99-5584 Filed 3-5-99; 8:45 am]
BILLING CODE 4184-01-P