[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Proposed Rules]
[Pages 60038-60051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20508]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 302, 303 and 307


State Parent Locator Service; Safeguarding Child Support 
Information

AGENCY: Administration for Children and Families, Office of Child 
Support Enforcement (OCSE).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (PRWORA) created and expanded State and 
Federal title IV-D child support enforcement databases and 
significantly enhanced access to information for title IV-D child 
support purposes. States are moving toward integrated service delivery 
and developing enterprise architecture initiatives to link their 
program databases. This proposed rule is designed to prescribe 
requirements for: State Parent Locator Service responses to authorized 
location requests; and State IV-D agency safeguarding of confidential 
information and authorized disclosures of this information. This 
proposed rule would restrict the use of confidential data and 
information to child support purposes, with exceptions for certain 
disclosures permitted by statute.

DATES: Consideration will be given to comments received by December 13, 
2005.

ADDRESSES: Send comments to: Office of Child Support Enforcement, 
Administration for Children and Families, 370 L'Enfant Promenade, SW., 
4th floor, Washington, DC 20447. Attention: Director, Policy Division, 
Mail Stop: OCSE/DP. Comments will be available for public inspection 
Monday through Friday from 8:30 a.m. to 5 p.m. on the 4th floor of the 
Department's offices at the above address. You may also transmit 
written comments electronically via the Internet at: http://www.regulations.acf.gov. To download an electronic version of the rule, 
you may access http://www.regulations.gov.

FURTHER INFORMATION CONTACT: Yvette Hilderson Riddick, Policy and 
Automation Liaison, OCSE, 202-401-4885, e-mail: [email protected]. 
Deaf and hearing-impaired individuals may call the Federal Dual Party 
Relay Service at 1-800-877-8339 between 8 a.m. and 7 p.m. eastern time.

[[Page 60039]]


SUPPLEMENTARY INFORMATION:

Statutory Authority

    This notice of proposed rulemaking is published under the authority 
granted to the Secretary by section 1102 of the Social Security Act 
(the Act), 42 U.S.C. 1302. Section 1102 authorizes the Secretary to 
publish regulations that may be necessary for the efficient 
administration of the functions for which he is responsible under the 
Act.
    The provisions of this proposed rule pertaining to the Federal 
Parent Locator Service (PLS) implement section 453 of the Act, 42 
U.S.C. 653. Section 453 requires the Secretary to establish and conduct 
a Federal PLS to obtain and transmit specified information to 
authorized persons for purposes of establishing parentage, 
establishing, modifying, or enforcing child support obligations, and 
enforcing any Federal or State law with respect to a parental 
kidnapping; or making or enforcing a child custody or visitation 
determination, as described in section 463 of the Act. It authorizes 
the Secretary to use the services of State entities to carry out these 
functions.
    The provisions relating to the State PLS implement section 454(8) 
of the Act, 42 U.S.C. 654(8), which requires each State plan for child 
support enforcement to provide that the State will: (1) Establish a 
service to locate parents utilizing all sources of information and 
available records and the Federal PLS; and (2) subject to the privacy 
safeguards in section 454(26) of the Act, 42 U.S.C. 654(26), disclose 
only the information described in sections 453 and 463 of the Act to 
the authorized persons specified in those sections.
    The provisions relating to the States' computerized support 
enforcement systems implement section 454A of the Act, 42 U.S.C. 654a, 
which requires States' systems to perform such functions as the 
Secretary may specify relating to management of the State title IV-D 
program.
    In addition, the provisions pertaining to safeguarding of 
information implement section 454(26) of the Act, which requires the 
State IV-D agency to have in effect safeguards, applicable to all 
confidential information handled by the State agency, that are designed 
to protect the privacy rights of the parties. Nothing in this rule is 
meant to prevent the appropriate use of administrative data for program 
oversight, management, and research.

Organization of Preamble Discussion

    The preamble discussion that follows is divided into two sections. 
The first section discusses amendments to the regulations on locating 
individuals and their assets in response to authorized location 
requests. The second section discusses a proposed new regulation on 
safeguarding and disclosure of State information and amendments to the 
regulation on security and confidentiality of information in 
computerized support enforcement systems.

Provisions of the Regulation

Section 1. State Parent Locator Service (Sec. Sec.  302.35, 303.3, 
303.20, and 303.70)

    Current Federal regulations governing the IV-D program offer 
minimal guidance on the role of the State PLS. Federal regulations at 
45 CFR 301.1 define the term ``State PLS'' to mean ``the service 
established by the IV-D agency pursuant to section 454(8) of the Act to 
locate parents.'' Resident parent in this proposed rule refers to 
custodial parent as established by the IV-D agency.
    The regulations at 45 CFR 302.35 (a) and (b) require the IV-D 
agency to establish a central State PLS office using all relevant 
sources of information and records in the State, in other States, and 
in the Federal PLS.
    At paragraph (c) of Sec.  302.35, the role of the State PLS is 
addressed primarily in relation to the Federal PLS, specifying the 
individuals and entities from which the State PLS may accept requests 
to use the Federal PLS. Paragraph (d) restricts disclosure of Federal 
PLS information to these authorized persons. The current regulation 
does not provide guidance regarding information obtained through the 
State PLS from State sources. This proposed rule is intended to provide 
that guidance.
    The regulation is silent about information obtained by the State 
PLS from State sources. States have interpreted both section 454(8) of 
the Act and current Sec.  302.35 to permit use of State resources for 
non-IV-D location purposes, including location for custody and 
visitation purposes. This interpretation is also based upon a reading 
of section 453 of the Act that the ``authorized persons'' who are 
permitted to make a request to the Federal PLS--including private 
collection agencies or attorneys under the umbrella of ``agent or 
attorney of a child--would also be authorized to submit requests for 
location services to the State PLS for matching against the State's own 
databases and against the databases of other States, often via the 
Child Support Enforcement Network.
    The proposed amendments to the State PLS regulations are designed 
to:
     Address statutory changes from the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 regarding the 
information available to the State PLS from the Federal PLS;
     Reflect current processes, such as the automated match 
data that States routinely receive and no longer have to request from 
the Federal PLS; and
     Address disclosure of information obtained by the State 
PLS from State sources.

Section 302.35, State Parent Locator Service

    The current regulation at Sec.  302.35(a) contains a State plan 
requirement that the IV-D agency shall establish a State Parent Locator 
Service (PLS) using: (1) All relevant sources of information and 
records available in the State, and in other States as appropriate; and 
(2) the Federal PLS of the Department of Health and Human Services.
    Proposed paragraph (a) would modify the current requirement for 
each State to ``establish'' a State PLS, since all States now have one, 
and instead require each State to ``maintain'' a State PLS ``to provide 
locate information to authorized persons for authorized purposes.''
    The proposed Sec.  302.35(a)(1), covering IV-D cases, is designed 
to require that the State PLS access ``the Federal PLS and all relevant 
sources of information and records available in the State, and in other 
States as appropriate, for locating custodial and noncustodial parents 
for IV-D purposes.'' This proposed amendment makes clear that the State 
may use the State PLS for locating either parent for IV-D purposes. 
This is particularly important when a State is unable to distribute 
child support collections because it does not have a current address 
for the custodial parent. This paragraph also refers the reader to 45 
CFR 303.3 for locate requirements and locate sources to be used for IV-
D cases.
    Revised paragraph (a)(2), covering locate requests for authorized 
non-IV-D individuals and purposes, would require a IV-D agency to 
access and release information authorized to be disclosed under section 
453(a)(2) of the Act from ``the Federal PLS and, unless prohibited by 
State law or written policy, information from relevant in-State sources 
of information and records, as appropriate'' to respond to locate 
requests from a non-IV-D entity or individual specified in paragraph 
(c), for purposes specified in paragraph (d), as discussed below. This 
proposed provision implements sections 453 (a)(2) and 454(8) of the 
Act. Section 453(a)(2) of the Act establishes the Federal PLS to locate 
an individual,

[[Page 60040]]

wages and other income from employment, and asset information. Section 
454(8) of the Act requires the State PLS to access and release 
information described in sections 453 and 463 of the Act from the FPLS 
and from ``all sources of information and available records'' in the 
State to ``authorized persons specified in such sections for the 
purposes specified in such sections.''
    For non-IV-D requests, under proposed paragraph (a)(2) the State 
PLS would not access IRS information or financial institution data 
match information, which are available only to IV-D agencies, and to a 
limited extent to their agents, under Federal statute. The Internal 
Revenue Code (IRC) 26 USC6103(1), (6), (8), and (10) prohibits release 
of IRS information outside of the IV-D program, except for limited 
release allowed to IV-D contractors. This proposed regulation further 
restricts release of financial information received from the financial 
institution data match (FIDM) process under section 466(a)(17) of the 
Act. This prohibition implements the statutory responsibility of IV-D 
programs to safeguard confidential information not specifically 
authorized for release under section 453 of the Act. In addition, the 
restriction on release of financial information is intended to protect 
the privacy of individuals and their financial assets.
    The State PLS must not access data in its computerized support 
enforcement system or forward the request to another State IV-D agency 
for locate. The State PLS would not be required to make subsequent 
location attempts if initial efforts fail to find the individual or 
information sought. However, if a requestor demonstrates that there is 
reason to believe that new information may be available, the State IV-D 
agency must make a subsequent location attempt. The State PLS would be 
used only in conjunction with a request for information from the 
Federal PLS in non-IV-D requests.
    The current regulation at paragraph (b) requires that the IV-D 
agency must ``establish a central State PLS office and may also 
designate additional IV-D offices within the State to submit requests 
to the Federal PLS.'' The proposed amendment to current Sec.  302.35(b) 
would remove mention of a State PLS ``office,'' in acknowledgment of 
changes in technology, which have prompted many States to alter their 
organizational structure and eliminate such ``offices.'' It would also 
require the IV-D agency to ``maintain'' rather than ``establish'' a 
central State PLS.
    The current Sec.  302.35(c)(1) through (5) specify the authorized 
persons and entities from whom the State PLS shall accept requests for 
locate information. The proposed amendments to paragraph (c) aim to 
strengthen the process by which authorized requestors obtain locate 
information through the State PLS, specifically with respect to 
requests from a resident parent, legal guardian, attorney, or agent of 
a non-IV-A child, as explained below.
    Proposed Sec.  302.35(c)(2), covering IV-D agency requests for 
information, has been reworded slightly for simplicity, but is 
otherwise unchanged and is reprinted for ease of review.
    Current Sec.  302.35(c)(3) simply refers to the ``resident parent, 
legal guardian, attorney, or agent of a child'' in non-IV-A cases as 
authorized persons. This paragraph would be expanded to address two 
concerns. The first concern addresses evidence of noncompliance with 
the statutory and regulatory requirement that requestors under section 
453(c)(3) of the Act pay a fee pursuant to section 453(e)(2) of the 
Act. The second concern involves a private non-IV-D individual or 
entity acting on behalf of a non-IV-A child (whether or not the child 
is receiving services under the IV-D plan).
    Proposed Sec.  302.35(c)(3) makes it clear that the State PLS will 
accept locate requests from the resident parent, legal guardian, 
attorney or agent of a child who is not receiving aid under title IV-A 
of the Act only if key requirements are met. The proposed regulation 
would require the individual to: (i) Attest that the request is being 
made to obtain information on, or to facilitate the discovery of, an 
individual for the purpose of establishing parentage, establishing, 
setting the amount of, modifying, or enforcing child support 
obligations; (ii) attest that any information obtained through the 
Federal or State PLS will be used solely for these purposes and 
otherwise treated as confidential; (iii) provide evidence (e.g., an ID) 
that the requestor is the resident (custodial) parent, legal guardian 
or attorney of a child not receiving aid under title IV-A of the Act, 
or if an agent of such a child, evidence of a valid contract that meets 
any requirements in State law or written policy for acting as an agent; 
(iv) provide evidence that the requestor is the named individual who 
has requisite authority (e.g., guardianship papers identifying the 
requestor as the guardian) and (v) pay the Federal PLS fee required 
under section 453(e)(2) of the Act and current Sec.  303.70(e)(2)(i) of 
this chapter (redesignated herein as Sec.  303.70(f)(2)(i)), if the 
State does not pay the fee itself. The proposal also specifies that the 
State may charge a fee to cover its costs of processing these requests. 
A State's fee must be as close to actual costs as possible, so as not 
to discourage requests to use the Federal PLS. See 304.23(e) and 304.50 
(a).
    The attestations proposed in new clauses (i) and (ii) of Sec.  
302.35(c)(3) are modeled after the attestations that IV-D Directors or 
designees make in receiving Federal PLS data from OCSE under current 
Sec.  303.70(d)(1) and (2). The goal is to apply to private individuals 
and entities requesting Federal PLS data under section 453(c)(3) the 
same standard to which IV-D agencies must adhere.
    Proposed clause (iii) strengthens the process for ensuring that the 
requestor is one of the individuals authorized to act on behalf of a 
non-IV-A child for purposes of Federal PLS locate requests.
    Proposed clause (iv) is intended to bolster the process for 
ensuring the required Federal fee is paid, to clarify that the State 
also may recover its costs through a fee, and to ensure that States are 
aware that no Federal financial participation is available in 
expenditures that States incur if they pay these fees themselves in 
non-IV-D cases. As indicated in Sec.  304.50(a) the IV-D agency must 
exclude from its quarterly expenditures claims an amount to all fees 
which are collected during the quarter under the title IV-D State plan 
all fees which are collected during the quarter under title IV-D.
    The proposed paragraph (c)(4) simplifies the language regarding the 
use of the Federal PLS for parental kidnapping, child custody or 
visitation cases. Previously, section 463 of the Act allowed States to 
enter into agreements to use the Federal PLS for parental kidnapping 
cases. Now States are required to have these agreements in place. The 
new language reflects the mandatory nature of this use, rather than 
making it contingent upon the existence of an agreement, as before. 
OCSE issued a recent Action Transmittal to raise awareness about use of 
the Federal PLS to locate a parent or child in order to: (1) Make or 
enforce a custody or visitation order; or (2) enforce a Federal or 
State law in a parental kidnapping case. This Action Transmittal, OCSE-
AT-03-06, dated December 22, 2003, is available on the OCSE website at 
http://www.acf.hhs.gov/programs/cse under the heading Policy Documents.
    The proposed paragraph (c)(5) merely rewords in simpler fashion the 
current language allowing locate requests from State title IV-B and 
title IV-E agencies.
    The current paragraph (d) is redesignated as paragraph (e), as 
discussed below. A new paragraph (d) is

[[Page 60041]]

proposed to be added to specify the authorized purposes for which the 
State PLS and the Federal PLS may be used and the locate information 
that may be released for these purposes. Paragraph (d)(1) covers the 
purposes of parentage and child support and related authorized releases 
of information. It pertains to IV-D and non-IV-D authorized persons and 
programs, including title IV-B and IV-E agencies. Proposed paragraph 
(d)(2) covers the purposes of enforcing a State law with respect to the 
unlawful taking or restraint of a child or for making or enforcing a 
child custody or visitation determination and the related authorized 
releases of information. The new paragraph (d) is intended to clarify 
how the purpose, requestor, and authorized release of information are 
tied together in responding to an information request. Section 463 of 
the Act, 42 U.S.C. 663, limits the information that may be disclosed 
for this type of inquiry.
    Paragraph (d) of the current regulation, redesignated here as 
paragraph (e), requires privacy safeguards for Federal PLS information 
only. The proposed amendment, specifies at paragraphs (e)(1) and (2) 
that, subject to the requirements of this section and the privacy 
safeguards required under section 454(26) of the Act, the State PLS 
shall disclose ``Federal PLS information'' described in sections 453 
and 463 of the Act and ``information from in-State locate sources as 
required by this section and described in Sec.  303.3(b)(1) of this 
chapter'' only to authorized persons for authorized purposes.
    A proposed Appendix A has been added at the end of this section to 
show graphically the linkages between authorizing statute, authorized 
purpose, authorized person or program, and authorized information.

Section 303.3, Location of Noncustodial Parents in IV-D Cases

    The current regulation at Sec.  303.3, Location of noncustodial 
parents, is divided into three main paragraphs. Paragraph (a) defines 
the term ``location.'' Paragraph (b) specifies the types of cases in 
which ``the IV-D agency must attempt to locate all noncustodial parents 
or sources of income and/or assets when location is necessary to take 
necessary action.'' Paragraphs (b)(1) through (5) describe the steps 
the IV-D agency must take under this standard. Paragraph (c) requires 
the State to establish guidelines defining diligent efforts to serve 
process.
    Under the proposed regulation, Sec.  303.3 is re-titled ``Location 
of noncustodial parents in IV-D cases.''
    Under paragraph (a) location is defined to mean ``information 
concerning the physical whereabouts of the noncustodial parent, or the 
noncustodial parent's employers(s), other sources of income or assets, 
as appropriate, which is sufficient and necessary to take the next 
appropriate action in a case.'' The proposed amendment to paragraph (a) 
clarifies that the definition of ``location'' is applicable for this 
section only. It further clarifies that ``location'' is an action that 
means ``obtaining information,'' not simply ``information.''
    The proposed amendments to paragraph (b) and its subparagraphs 
clarify which location requirements apply to IV-D cases.
    Paragraph 303.3(b) requires the IV-D agency to attempt to locate a 
noncustodial parent in a IV-D case when location is needed to take 
necessary action. Paragraphs (b)(1) through (5) provide an extensive 
list of location sources, which as discussed below are unchanged for 
the most part from the current regulation. While all of these sources 
cited in Sec.  303.3(b)(1) are available in IV-D cases, they may not be 
all available in response to non-IV-D location requests, depending upon 
State law or written policy. We believe State IV-D agencies should 
search State databases upon receiving a request from a resident parent, 
legal guardian, attorney, or agent of a child but are allowing States 
to determine the extent of that search, in accordance with State law or 
policy. Therefore we have proposed adding the words ``for IV-D 
services'' in paragraph (b) to clarify that location provisions under 
this paragraph are required in IV-D cases only.
    Current paragraphs (b)(1) and (2) remain unchanged, but are 
republished to aid the reader.
    Paragraph (b)(3) currently requires timely access of all 
appropriate locations sources and specifies that this includes the 
Federal PLS. We propose to remove the words ``including transmitting 
appropriate cases to the Federal PLS'' because States now submit cases 
to the Federal Case Registry for automatic matching with the National 
Directory of New Hires for locate purposes.
    The existing regulation at paragraph (b)(4) requires the IV-D 
agency to ``Refer appropriate cases to the IV-D agency of any other 
State, in accordance with the requirements of Sec.  303.7 of this 
part.'' The proposed amendment inserts the word ``IV-D'' before the 
word ``cases'' to clarify that the IV-D agency of State 1 may refer 
only IV-D cases to the IV-D agency of State 2.
    Current paragraph (b)(5) remains unchanged, but is republished to 
aid the reader.
    Proposed new paragraph (b)(6) is intended to draw a direct link 
between the IV-D agency's duty to locate noncustodial parents and the 
duty to safeguard information. The proposal incorporates by reference 
both the existing statutory requirement at section 454(26) of the Act 
and the proposed regulatory requirement at Sec.  303.21.
    Current paragraph (c) regarding diligent efforts to serve process 
is unchanged, but is republished to aid the reader in reviewing this 
section.

Section 303.20, Minimum Organizational and Staffing Requirements

    The current regulation at Sec.  303.20 describes the minimum 
organizational and staffing requirements for the IV-D agency. Paragraph 
(b) of this section requires an organizational structure and staff 
sufficient to fulfill specified State level functions, including, in 
paragraph (b)(7), ``operation of the State Parent Locator Service as 
required under Sec.  302.35 of this chapter.''
    The proposed amendment to Sec.  303.20(b)(7) inserts ``Sec.  303.3 
and 303.70'' after the citation ``Sec.  302.35.'' The amendment is 
designed to heighten awareness about the critical role of the State PLS 
and ensure that the IV-D agency dedicates adequate resources to comply 
with the State PLS's responsibilities.

Section 303.21, Safeguarding and Disclosure of Confidential Information

    As discussed below we are proposing to add a new Section 303.21 
that will address safeguarding and disclosure of confidential 
information. This proposed regulation is discussed below in Section 2 
of the Preamble.

Section 303.70, Procedures for Submissions to the State Parent Locator 
Service (State PLS) or the Federal Parent Locator Service (Federal PLS)

    The following proposes that the Federal PLS reflect the automated 
matching and return of information to IV-D agencies in IV-D cases from 
the Federal PLS's Federal Case Registry and National Directory of New 
Hires. We are proposing to revise this section to address the current 
processes under which States no longer ``request'' Federal PLS 
information and we propose to replace the word ``requests'' with 
``submittals'' wherever it appears. We are also proposing to 
redesignate

[[Page 60042]]

paragraph (a) as (b) and to insert a new paragraph (a) in this section.
    Paragraph (b) as redesignated includes language regarding a central 
State PLS ``office.'' For the reasons discussed earlier with regard to 
Sec.  302.35, we are proposing to omit mention of a central ``office.'' 
The words ``submit requests for information'' are replaced with ``make 
submittals'' and the phrase ``for the purposes specified in paragraph 
(a)'' is added at the end.
    Current paragraph (b) is redesignated as (c) and ``requests'' is 
replaced by ``submittals''.
    The existing regulation at Sec.  303.70(c) is redesignated as 
paragraph (d). The current paragraph (c)(2) requires the IV-D agency to 
make ``every reasonable effort'' to find the individual's SSN prior to 
submitting a request to the Federal PLS. The newly designated paragraph 
(d)(2) changes this wording to ``reasonable efforts,'' in recognition 
of the increased technological capabilities at the Federal level to 
identify an individual's SSN, or to search without it. In addition, in 
newly designated paragraph (d)(1) and (2), references to ``requests'' 
have been changed to ``submittals'' and ``parent'' has been changed to 
``parent or putative father'' to clarify that information may also be 
sought to determine paternity.
    Existing paragraph (c)(3) requires that the request indicate 
``whether the individual is or has been a member of the armed services, 
if known.'' Existing paragraph (c)(4) requires that the request 
indicate ``whether the individual is receiving, or has received, any 
Federal compensation or benefits, if known.'' Because the Federal PLS 
now automatically conducts a search to determine whether a person is or 
has been a member of the armed services, this proposed amendment 
removes current Sec.  303.70(c)(3). The rationale for the proposed 
removal of current Sec.  303.70(c)(4) regarding searches for receipt of 
Federal compensation or benefits is the same as that for removal of 
current Sec.  303.70(c)(3). Removal of these two obsolete paragraphs 
necessitates the redesignation of current paragraph (c)(5) as new 
paragraph (d)(3).
    The current regulation at Sec.  303.70(d) has been redesignated as 
paragraph (e). It requires that each request from the State PLS to the 
Federal PLS be accompanied by a statement from the IV-D director, 
attesting to compliance with the listed requirements. Due to the 
expansion of the Federal PLS, submittals to the Federal PLS from the 
State PLS are received electronically. In addition, there has been a 
great increase in the volume of submittals. Although the concept of 
requiring an attestation remains important, requiring an attestation 
with every submittal is impractical and overwhelming. Thus, the 
proposed regulation allows for a single, annual attestation of 
compliance by the IV-D director regarding the use of the Federal PLS. 
The revised paragraph (e)(1)(i) would replace language about requests 
for information with language specifying that the IV-D agency will 
``obtain'' information, since States obtain most Federal PLS 
information automatically now without request. A new paragraph 
(e)(1)(ii) would clarify that the IV-D agency will only provide 
information to authorized persons as specified in sections 453(c) and 
463(d) of the Act.
    Proposed paragraph (e)(2) is new and would require that, in the 
case of a submittal made on behalf of a resident parent, legal 
guardian, attorney or agent of a child not receiving aid under title 
IV-A, the IV-D agency must verify that the requestor has complied with 
the provisions of Sec.  302.35. The proposed paragraph is designed to 
add more specificity about the role of the State PLS as a gatekeeper to 
the Federal PLS and heighten the State PLS's scrutiny of requests made 
by non-IV-D entities or individuals for Federal PLS services. The 
cross-reference to Sec.  302.35 is intended to tighten up the 
procedures for accepting such requests.
    Proposed paragraph (e)(3), formerly paragraph (d)(2), has been 
changed to specify that the IV-D agency shall treat information 
obtained through the Federal PLS as confidential and shall safeguard 
the information in accordance with statutory requirements and proposed 
Sec.  303.21. The IV-D agencies must continue to emphasize to any other 
entities with which they share information the importance of treating 
the information as confidential and safeguarding it.
    Current paragraph (e) has been redesignated as (f). In new 
paragraph (f)(1), the statutory references have been accompanied by 
explanatory phrases to enable the reader to better understand their 
meaning without requiring reference to the Act. In addition, current 
paragraph (e)(4)(i) is redundant of other language in this section and 
we propose to remove it and redesignate (e)(4)(ii) and (iii) as 
(f)(4)(i) and (ii). Finally, we propose to replace the word 
``transmitted'' in new paragraph (f)(4)(ii) with the word ``paid'' to 
allow OCSE to alter payment methods as technology advances, without a 
change to the regulations.

Section 2. Safeguarding and Disclosure of Confidential Information 
(Sec.  303.21 and Amended Sec.  307.13)

    In the late 1990s, several amendments to the Social Security Act 
dramatically expanded the scope of information available to State IV-D 
agencies. The chart that follows lists the specific laws that had an 
impact on, or otherwise expanded access to and information received by, 
the Federal PLS and state child support enforcement programs. In 
addition, the amended legislation rendered obsolete or inconsistent 
several Federal regulations at 45 CFR chapter III, including the former 
regulation at 45 CFR 303.21, Safeguarding information. That regulation 
was not fully responsive to the post-PRWORA context in which the IV-D 
program now operates and it was removed by an interim final rule 
published in the Federal Register on February 9, 1999 (64 FR 6237, 
finalized on May 12, 2003 at 68 FR 25293). The Description of 
Regulatory Provisions is in the Preamble to the interim final rule 
indicated that OCSE would ``develop comprehensive guidance consistent 
with PRWORA's provisions concerning safeguarding information, including 
any implementing regulations that may be necessary.''

------------------------------------------------------------------------
                Law                     Summary of major requirements
------------------------------------------------------------------------
Debt Collection Improvement Act      --Increase the collection of non-
 (DCIA) of 1996 (Pub. L. 1104-134)    tax debt, including past-due child
 (See also Executive Order 13019,     support, through administrative
 September 16, 1998, and 31 CFR       offsets.
 285.1 and 285.3).
Personal Responsibility and Work     --Transit certifications of child
 Opportunity Reconciliation Act       support debts from IV-D agencies
 (PRWORA) (Pub. L. 104-193).          to State Department for passport
                                      restrictions.
                                     --Reimburse SSA for SSN verfication
                                      and SDNHs for furnishing
                                      information.
                                     --Prohibit disclosure of FPLS
                                      information if the State notifies
                                      HHS of family violence.

[[Page 60043]]

 
Balanced Budget Reconciliation Act   --2% of set-aside funds made
 of 1997 (Pub. L. 105-33).            available for use by Secretary for
                                      operation FPLS, to extent costs
                                      not recovered through user fees.
                                     --Expand FPLS data available for
                                      research.
Adoption and Safe Families Act of    --Make FPLS available to specified
 1997 (Pub. L. 105-89).               State IV-E and IV-B agencies.
Taxpayer Relief Act of 1997 (Pub.    --Require that FCR include names
 L. 105-34).                          and SSNs of children and that data
                                      be available to Treasury for tax
                                      administration.
Child Support Performance and        --Establish a new incentive funding
 Incentives Act of 1998 (CSPIA)       scheme based upon States'
 (Pub. L. 105-200).                   performance levels.
                                     --Assist States and multistate
                                      financial institutions, through
                                      the FPLS, in conducting a
                                      financial institution data match
                                      system.
                                     --Delete information rom the NDNH
                                      in 24 months, restrict use of NDNH
                                      data for child support purposes
                                      and permit HHS to retain samples
                                      of data for specified research
                                      purposes.
                                     --Impose a penalty for misuse of
                                      information in the NDNH.
Consolidated Appropriations Act of   --Require HHS to match NDNH data
 1999 (Pub. L. 106-113).              against Department of Education
                                      data to collect debts on student
                                      loans and grant overpayments.
                                     --Expand penalty for misuing NDNH
                                      data.
 Consolidated Appropriations Act of  --Adds HUD access.
 2004 (Pub. L. 108-199).
------------------------------------------------------------------------

    In recent years, a frequently voiced position of State and local 
officials is the need for more data sharing across automated systems, 
particularly to provide better support for case managers in integrating 
services to clients. State officials often highlight the need for 
expanded capabilities to query multiple automated systems to support 
local program managers in obtaining the information they need to meet 
their particular management challenges. In making a disclosure under 
this provision, the IV-D agency may only disclose the minimum amount of 
confidential information needed for the purpose provided.
    The General Accounting Office (GAO) has issued several recent 
reports that examine the barriers to data sharing. These reports, 
available from GAO, include ``The Challenge of Data Sharing: Results of 
a GAO-Sponsored Symposium on Benefit and Loan Programs' (GAO-01-67, 
October 20, 2000). A GAO symposium was held July 7-8, 2000 and a major 
issue that it addressed was privacy and data sharing. The Child Support 
Enforcement program's National Directory of New Hires was frequently 
cited by symposium participants to illustrate both the benefits of data 
sharing and the privacy concerns. Participants discussed how access to, 
and use of, shared information could be appropriately limited to 
official personnel for authorized purposes related to program 
administration.
    Many States now have enterprise architecture plans that envision 
systems integration efforts to support the delivery of integrated 
services and that advance the ``no wrong door'' concept for clients 
seeking services. In the past, because of different program and funding 
requirements, most of the State client information and eligibility 
systems were designed and built in relative isolation. To support an 
integrated approach to service delivery, current information systems 
may be integrated to allow greater sharing of client data and prevent 
redundant data collection, to the degree allowed by Federal and State 
law. States pursuing this approach to customer service cite privacy and 
security of data as major considerations. As a result, States are eager 
for guidance on how to restrict access to authorized users for 
authorized purposes only.
    In addition, we now have tribal child support programs funded under 
section 455(f) of the Act. States need to know what information may be 
provided to tribal child support agencies.
    These proposed regulations will add a new 45 CFR 303.21 to address 
the following concerns:
     What information is covered by safeguarding requirements?
     Who is subject to the regulation?
     What general rule applies to the information and the 
agencies and entities subject to the regulation?
     What exceptions are there?
     What safeguards are required?
     What penalties apply if the regulation is violated?
    We also propose to amend 45 CFR 307.13, Security and 
confidentiality for computerized support enforcement systems in 
operation after October 1, 1997, for consistency with the changes in 
this proposed regulation requiring disclosure from the computerized 
support enforcement system of noncustodial parent names, addresses, 
telephone numbers and identifying IV-A case numbers to Workforce 
Investment Boards, in accordance with section 454A(f)(5) of the Act, as 
discussed further below.

Proposed Section 303.21, Safeguarding and Disclosure of Confidential 
Information

    The proposed regulation consists of six paragraphs: (a) Definition; 
(b) Scope; (c) General rule; (d) Authorized disclosures; (e) 
Safeguards; and (f) Penalties for unauthorized disclosure.

Proposed Section 303.21(a), Definition

    The proposed regulation begins with a definition of the term 
``confidential information.'' Paragraph (a) would provide that 
``confidential information means any information relating to a 
specified individual or an individual who can be identified by 
reference to one or more factors specific to him or her, including, but 
not limited, to the individual's Social Security number, residential 
and mailing addresses, employment information, and financial 
information. The amount of support ordered and the amount of a support 
collection are not considered confidential information for purposes of 
this section.''
    Proposed Sec.  303.21(a) is designed to serve two primary purposes. 
First, the proposed new Sec.  303.21 provides for safeguarding 
information pertaining to individuals, including not only ``applicants 
or recipients of support enforcement services,'' but also other 
individuals about whom information is maintained by the IV-D agency, 
such as information about noncustodial parents and children receiving 
IV-D services, as well as individuals not receiving IV-D services, such 
as newly hired employees reported to the State Directory of New Hires, 
who may have no connection to the IV-D program.
    Second, the proposed regulation provides that the responsibility of 
the IV-D agency to safeguard information applies to information that 
specifically relates to an identified or identifiable

[[Page 60044]]

individual. Thus, the phrase ``including but not limited to'' in Sec.  
303.21(a) is intended to highlight the types of information maintained 
by the IV-D agency that are most likely to be associated with a 
specific individual.

Proposed Section 303.21(b), Scope

    The definition of the term ``confidential information'' in proposed 
Sec.  303.21(a) is followed by a provision describing the scope of the 
proposed regulation. Proposed paragraph (b) reads: ``The requirements 
of this section apply to the IV-D agency, any other State or local 
agency or official to whom the IV-D agency delegates any of the 
functions of the IV-D program, any official with whom a cooperative 
agreement as described in Sec.  302.34 has been entered into, and any 
person or private agency from whom the IV-D agency has purchased 
services pursuant to Sec.  304.22.''
    The provision extends the application of the proposed regulation 
beyond the IV-D agency to encompass individuals and entities performing 
IV-D functions under contract or cooperative agreement with the IV-D 
agency or from whom the IV-D agency has purchased services. Proposed 
Sec.  303.21(b) comports with language in existing Sec.  302.12, which 
requires that each State plan provide for the establishment or 
designation of a single and separate organizational unit to administer 
the IV-D plan. Section 302.12(a)(2) makes it clear that the IV-D agency 
shall be responsible and accountable for the operation of the IV-D 
program but, with limited exceptions, need not perform all the 
functions of the IV-D program. If the agency delegates any of the IV-D 
functions or purchases services from any individual or entity, however, 
Sec.  302.12(a)(3) makes it clear that the IV-D agency shall have 
responsibility for securing compliance with the State plan. In part, 
proposed Sec.  303.21(b) tracks the language in Sec.  302.12(a)(3) and 
is generally intended to clarify that entities under cooperative 
agreement with the IV-D agency and private contractors to the IV-D 
agency are bound by the same safeguarding requirements that bind the 
IV-D agency and its employees. The proposed provision relating to 
private contractors is similar to a requirement that applies to Federal 
contractors under the Privacy Act of 1974 (5 U.S.C. 552a(m)(1)), which 
governs Federal agencies, as well as the HHS regulations implementing 
the Privacy Act (45 CFR 5b.2(b)(1)).

Proposed Section 303.21(c), General Rule

    Proposed paragraph (c) presents a general rule which states that 
``[e]xcept as authorized by the Act and implementing regulations, no 
entity described in paragraph (b) of this section shall disclose any 
confidential information obtained in connection with the performance of 
IV-D functions outside the administration of the IV-D program.''
    The general rule at proposed Sec.  303.21(c) prohibiting disclosure 
of confidential information is modeled after both the Federal Privacy 
Act and section 6103 of the IRC. Both the Privacy Act and the IRC 
provision on safeguarding data begin with a general prohibition on 
disclosure and then enumerate specific exceptions to the general rule. 
Proposed paragraph (d), described immediately below, enumerates the 
exceptions to the general rule presented in proposed paragraph (c).

Proposed Section 303.21(d), Authorized Disclosures

    Proposed paragraph (d) sets forth the authorized disclosures that 
are exceptions to the general rule prohibiting disclosure of 
confidential information. Modeled after the first exception to the 
general prohibition against disclosure of tax information in section 
6103 of the IRC, paragraph (d)(1) authorizes disclosure to the 
individual to whom the information pertains and anyone he or she 
designates. It would also enable the IV-D agency to release information 
that may be needed by an individual applying for certain services. In 
keeping with the view that an individual may consent to, or request, 
disclosure, this paragraph would make explicit that an individual shall 
be provided with his or her own confidential information, if requested. 
This would not include confidential information concerning any other 
individual involved in the case.
    Under proposed paragraph (d)(2), the IV-D agency would be required 
to disclose information for certain limited purposes, as designated. 
Under paragraph (d)(2)(i), and to the extent that it does not interfere 
with the IV-D agency meeting its own obligations, information must be 
shared for administration of programs under titles IV (TANF, child and 
family services, and foster care and adoption programs), XIX (Medicaid 
program), and XXI (State Children's Health Insurance [SCHIP] program). 
Information is required to be shared with State programs under title IV 
and XIX in accordance with sections 454A(f)(3) and 453A(h)(2) of the 
Act. Using the Secretary's rule making authority under section 1102 of 
the Act, we included authority for States to share information with 
title XXI programs because of their close relationship with the IV-D 
program and because medical support is an important aspect of the Child 
Support Enforcement program.
    Similarly, the proposed regulation would include disclosure to 
tribal programs authorized under titles IV-A and IV-D because of the 
need for these programs to work closely with State IV-D programs. State 
IV-D agencies are required to share information with these programs 
only to the extent that it does not interfere with their ability to 
meet their own obligations.
    Programs receiving confidential information may use the information 
only for the purpose for which it was disclosed and may not redisclose 
the information. Based on the Secretary's general rulemaking authority 
in Section 1102, this rule proposes in paragraph (d)(2)(ii), that 
information may be disclosed for investigations, prosecutions or 
criminal or civil proceedings related to the administration of the 
programs listed in paragraph (d)(2)(i). Paragraph (d)(2)(iii) would 
permit the release of information to appropriate agencies and officials 
in cases of suspected child abuse. Release of such information would 
take the best interest of the child in consideration. Finally, 
paragraph (d)(2)(iv) would permit the release of information to 
programs designated pursuant to sections 453A and 1137 of the Act for 
income and eligibility verification purposes.
    Proposed paragraph (d)(3) would require that, except for 
disclosures to title IV-A agencies, authorized disclosures under Sec.  
303.21(d)(2) shall not include confidential information from the 
National Directory of New Hires or Federal Case Registry, unless the 
information has been independently verified. No IRS information or 
financial institution data match information could be disclosed outside 
the administration of the IV-D program, unless independently verified 
or specifically authorized in Federal statute. IRS information is 
restricted as specified in the IRC. Note that financial institution 
data matches are authorized under section 466(a)(17) of the Act to 
increase the effectiveness of the IV-D program. Although a match occurs 
in coordination with the Federal PLS, financial institution data match 
information is not maintained by the Federal PLS, nor is it retrieved 
for Federal PLS location efforts outside the IV-D program. The 
information received in a financial institution data match may be used 
only as authorized in section 466(a)(17) of the Act for the purposes of 
locating and encumbering assets of a parent owing past-due

[[Page 60045]]

support. In addition, section 453 of the Act does not include specific 
reference to the Federal role as intermediary in the financial 
institution data match required under section 466(a)(17) of the Act 
and, therefore, information received from such matches is not included 
in ``information described in sections 453 and 463'' required to be 
disclosed under section 454(8) of the Act to ``authorized persons'' 
referenced in those sections. Further, we believe that it is critical 
for IV-D agencies to protect and use only for IV-D purposes any 
financial information received as a result of these matches.

Proposed Section 303.21(e), Safeguards

    This proposed section has its historical antecedent in 45 CFR 
303.21(b). Proposed paragraph (e) provides that ``In addition to, and 
not in lieu of, the safeguards described in Sec.  307.13 of this 
chapter, which governs computerized support enforcement systems, the 
IV-D agency shall establish appropriate safeguards to comply with the 
provisions of this section.'' Covered entities shall have in place 
appropriate administrative, technical, and physical safeguards. The 
cross-reference to part 307 is intended to make it clear that the 
proposed regulation applies to all confidential information obtained by 
the IV-D agency, whether the data is maintained in an automated or non-
automated fashion.
    Proposed paragraph (e) also provides that these ``safeguards shall 
also prohibit disclosure to any committee or legislative body (Federal, 
State, or local) of any confidential information, unless authorized by 
the individual as specified in paragraph (d) of this section.'' This 
makes clear that a legislative body or governmental committee cannot 
compel the release of information pertaining to an individual without 
consent of the individual.

Proposed Section 303.21(f), Penalties for Unauthorized Disclosure

    Proposed paragraph (f) provides that ``[a]ny disclosure of 
confidential information in violation of the Act and implementing 
regulations remains subject to any State and Federal statutes that 
impose legal sanctions for such disclosure.''
    The reference to Federal law in proposed Sec.  303.21(f) reflects 
the fact that, in addition to State statutes imposing legal sanctions, 
Federal statutes may also contain legal sanctions regarding the 
unauthorized disclosure of confidential information. Federal law grants 
the Secretary authority to ensure State compliance with the 
requirements of title IV-D through a variety of mechanisms, including 
reductions in quarterly payments and State plan disapproval. For 
example, pursuant to section 452(a) of the Act, the Secretary may 
disapprove a State's IV-D plan if the plan fails to comply with the 
requirements of section 454, including paragraph (26) of that section, 
requiring States to safeguard confidential information.
    An Appendix A has been included at the end of this section to show 
graphically the linkages between authorizing statute, authorized 
purposes for release of information, authorized persons or programs, 
and authorized information.

Section 307.13--Security and Confidentiality for Computerized Support 
Enforcement Systems in Operation After October 1, 1997

    Section 307.13 addresses security and confidentiality of 
computerized systems. We are revising paragraph (a) of Sec.  307.13. 
Under the proposed rule, current paragraphs (a), (a)(1) and (a)(2) are 
unchanged, but have been republished to aid the reader. Paragraph (a) 
requires the State IV-D agency to have safeguards, including written 
policies, concerning access to data in the State's computerized support 
enforcement system. Paragraph (a)(1) requires the IV-D agency to have 
written policies to permit access to and use of data to the extent 
needed to carry out the State IV-D program. Paragraph (a)(2) requires 
the IV-D agency to specify in its written policies the data that may be 
used for particular program purposes, and the personnel permitted 
access to such data.
    Current Sec.  307.13(a)(3) requires that the State agency have 
written procedures to permit access to data by title IV-A and XIX 
programs, as necessary for their program purposes We are proposing to 
revise this paragraph to require the IV-D agency exchange data from its 
computerized support enforcement system with other title IV programs 
and the State Children's Health Insurance Program (SCHIP), to the 
extent that it does not interfere with the IV-D agency meeting its own 
obligations. The Office of the Inspector General, HHS, has conducted 
studies in cooperation with several States that demonstrated that many 
noncustodial parents are able to contribute to the costs of public 
health insurance, including SCHIP, on behalf of their children. The 
exchange and sharing of data between IV-D agencies and various other 
State and tribal IV-A and IV-D agencies, as well as State Medicaid and 
SCHIP programs, is critical to the success of these programs achieving 
their mutual goals, ensuring that families attain and maintain their 
independence from government cash and medical assistance.
    In addition, the proposed regulation adds a new paragraph (a)(4) to 
require written policies that permit disclosure of noncustodial parent 
names, addresses, telephone numbers and identifying IV-A case numbers 
to Workforce Investment Boards (formerly called private industry 
councils) that receive welfare-to-work grants, as authorized in section 
454A(f)(5) of the Act. These Boards support work for low-income 
noncustodial parents in their service areas.
    The proposed paragraph (a)(5) would require written policies that 
limit disclosure, outside the IV-D program, of National Directory of 
New Hire or Federal Case Registry information, IRS information or 
financial institution data match information, from the computerized 
support enforcement system, to information that has been independently 
verified. The rationale for these limitations is discussed previously 
in this Preamble. The single exception would be the required disclosure 
of National Directory of New Hire or Federal Case Registry information 
to title IV-A agencies, where verification before disclosure is not 
required.

Paperwork Reduction Act

    Section 302.35(c) contains an information collection requirement. 
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the Administration for Children and Families has submitted a copy of 
this section to the Office of Management and Budget (OMB) for its 
review.
    The Locate Request Attestation in the proposed Sec.  302.35(c)(3) 
is the information collection requirement, which is proposed to ensure 
that only authorized persons obtain information from the Federal PLS. 
The State IV-D agency would be required to obtain an attestation from 
each resident parent, legal guardian, attorney or agent of a child not 
receiving aid under title IV-A who requests information from the 
Federal PLS. Each requesting individual must: (1) Attest that the 
request for locate information is being made for an authorized purpose; 
(2) attest that the information will be used only for the authorized 
purpose and otherwise treated as confidential; and (3) provide evidence 
that the requestor is an authorized person. This information will be 
used to verify that the person making the request for Federal PLS 
information is in fact the resident parent, legal guardian, attorney or 
agent

[[Page 60046]]

of a child not receiving aid under title IV-A and to ensure that this 
person understands that the information must only be used for child 
support purposes and otherwise treated as confidential.
    The respondents affected by this information collection are State 
agencies and the parent, legal guardian, attorney or agent of a child 
not receiving aid under title IV-A.

----------------------------------------------------------------------------------------------------------------
     Estimated number of          Proposed frequency of        Average burden per
         respondents                    response                    response              Total annual burden
----------------------------------------------------------------------------------------------------------------
54...........................  1 per week................  .25 hour..................  702 hours.
----------------------------------------------------------------------------------------------------------------

    The Administration for Children and Families will consider comments 
by the public on this proposed collection of information in the 
following areas:
     Evaluating whether the proposed collection is necessary 
for the proper performance of the functions of ACF, including whether 
the information will have practical utility;
     Evaluating the accuracy of the ACF's estimate of the 
burden of the proposed collection[s] of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technology, e.g., 
permitting electronic submission of responses.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment to the Department on the proposed 
regulations. Written comments to OMB for the proposed information 
collection should be sent directly to the following: Office of 
Management and Budget, Paperwork Reduction Project, 725 17th Street, 
NW., Washington, DC20503, Attention: Desk Officer for the 
Administration for Children and Families.

Regulatory Flexibility Analysis

    The Secretary certifies that, under 5 U.S.C. 605(b), as enacted by 
the Regulatory Flexibility Act (Pub. L. 96-354), this rule will not 
result in a significant impact on a substantial number of small 
entities. The primary impact is on State governments. State governments 
are not considered small entities under the Act.

Regulatory Impact Analysis

    Executive Order 12866 requires that regulations be reviewed to 
ensure that they are consistent with the priorities and principles set 
forth in the Executive Order. The Department has determined that this 
rule is consistent with these priorities and principles. This 
regulation responds to State requests for guidance on data privacy 
issues and therefore should not raise negative impact concerns.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 requires 
that a covered agency prepare a budgetary impact statement before 
promulgating a rule that includes any Federal mandate that may result 
in the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any one 
year.
    If a covered agency must prepare a budgetary impact statement, 
section 205 further requires that it select the most cost-effective and 
least burdensome alternative that achieves the objectives of the rule 
and is consistent with the statutory requirements. In addition, section 
203 requires a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    We have determined that this rule will not result in the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector, of more than $100 million in any one year. 
Accordingly, we have not prepared a budgetary impact statement, 
specifically addressed the regulatory alternatives considered, or 
prepared a plan for informing and advising any significantly or 
uniquely impacted small governments. Based on FY2004 data and analysis, 
some States allowing Private Collection Agencies to submit requests for 
location services to the FPLS, would at most double the amount of 
locate requests received by the FPLS. In FY2004, states reimbursed the 
FPLS for 20% of these types of costs. Therefore, the net cost to the 
FPLS would be less than .2% of the overall FPLS costs.

Congressional Review

    This notice of proposed rule making is not a major rule as defined 
in 5 U.S.C. chapter 8.

Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a proposed 
policy or regulations may affect family well-being. If the agency's 
determination is affirmative, then the agency must prepare an impact 
assessment addressing seven criteria specified in the law. This 
regulation protects the confidentiality of information contained in the 
records of State child support enforcement agencies. These regulations 
will not have an impact on family well-being as defined in the 
legislation.

Executive Order 13132

    Executive Order 13132 prohibits an agency from publishing any rule 
that has federalism implications if the rule either imposes substantial 
direct compliance costs on State and local governments and is not 
required by statute, or the rule preempts state law, unless the agency 
meets the consultation and funding requirements of section 6 of the 
Executive Order. We do not believe the regulation has federalism impact 
as defined in the Executive order. However, consistent with Executive 
Order 13132, the Department specifically solicits comments from State 
and local government officials on this proposed rule.

List of Subjects

45 CFR Part 302

    Child support, Grants programs/social programs, Reporting and 
recordkeeping requirements.

45 CFR Part 303

    Child support, Grant programs/social programs, Reporting and 
recordkeeping requirements.

45 CFR Part 307

    Child support, Grant programs/social programs, computer technology,

[[Page 60047]]

Reporting and recordkeeping requirements.

(Catalog of Federal Domestic Assistance Programs No. 93.563, Child 
Support Enforcement Program.)

    Dated: October 26, 2004.
Wade F. Horn,
Assistant Secretary for Children and Families.
    Approved: June 24, 2005.
Michael O. Leavitt,
Secretary of Health and Human Services.

    For the reasons discussed above, we propose to amend title 45 
chapter III of the Code of Federal Regulations as follows:

PART 302--STATE PLAN REQUIREMENTS

    1. The authority citation for part 302 is revised to read as 
follows:

    Authority: 42 U.S.C. 651 through 658, 660, 664, 666, 667, 1302, 
1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), 1396(k).

    2. Section 302.35 is revised to read as follows:


Sec.  302.35  State parent locator service.

    The State plan shall provide as follows:
    (a) State PLS. The IV-D agency shall maintain a State PLS to 
provide locate information to authorized persons for authorized 
purposes.
    (1) For IV-D cases--The State PLS shall access the Federal PLS and 
all relevant sources of information and records available in the State, 
and in other States as appropriate, for locating custodial and 
noncustodial parents for IV-D purposes. Locate requirements for IV-D 
cases are specified in Sec.  303.3 of this chapter; and
    (2) For authorized non-IV-D individuals and purposes--(i) The State 
PLS shall access and release information authorized to be disclosed 
under Section 453(a)(2) of the Act from the Federal PLS and, unless 
prohibited by State law or written policy, information from relevant 
in-State sources of information and records, as appropriate, for 
locating noncustodial parents upon request of authorized individuals 
specified in paragraph (c) of this section, for authorized purposes 
specified in paragraph (d) of this section.
    (ii) For a non-IV-D request, the State PLS shall not release 
information from the computerized support enforcement system required 
under part 307 of this chapter, IRS information, or financial 
institution data match information, nor shall the State PLS forward the 
request to another State IV-D agency.
    (iii) The State PLS need not make subsequent location attempts if 
locate efforts fail to find the individual sought.
    (iv) The State PLS may only be used in conjunction with a request 
for information from the Federal PLS in non-IV-D cases.
    (b) Central State PLS requirement. The IV-D agency shall maintain a 
central State PLS to submit requests to the Federal PLS.
    (c) Authorized persons. The State PLS shall accept requests for 
locate information only from the following authorized persons:
    (1) Any State or local agency or official providing child and 
spousal support services under the State plan;
    (2) A court that has authority to issue an order or to serve as the 
initiating court in an action to seek an order against a noncustodial 
parent for the support and maintenance of a child, or any agent of such 
court;
    (3) The resident parent, legal guardian, attorney, or agent of a 
child who is not receiving aid under title IV-A of the Act only if the 
individual:
    (i) Attests that the request is being made to obtain information 
on, or to facilitate the discovery of, any individual in accordance 
with section 453(a)(2) of the Act for the purpose of establishing 
parentage, establishing, setting the amount of, modifying, or enforcing 
child support obligations;
    (ii) Attests that any information obtained through the Federal or 
State PLS shall be used solely for these purposes and shall be 
otherwise treated as confidential;
    (iii) Provides evidence that the requestor is either the resident 
parent, legal guardian or attorney of a child not receiving aid under 
title IV-A, or if an agent of such a child, evidence of a valid 
contract that meets any requirements in State law or written policy for 
acting as an agent; and
    (iv) Pays the fee required for Federal PLS services under section 
453(e)(2) of the Act and Sec.  303.70(f)(2)(i) of this chapter, if the 
State does not pay the fee itself. The State may also charge a fee to 
cover its costs of processing the request, which must be as close to 
actual costs as possible, so as not to discourage requests to use the 
Federal PLS. If the State itself pays the fee for use of the Federal 
PLS or the State PLS in a non-IV-D case, Federal financial 
participation is not available in those expenditures.
    (4) Authorized persons as defined in Sec.  303.15 of this chapter 
in connection with parental kidnapping, child custody or visitation 
cases; or
    (5) A State agency that is administering a program operated under a 
State plan under titles IV-B or IV-E of the Act.
    (d) Authorized purposes for requests. The State PLS shall obtain 
location information under this section only for the purposes specified 
in paragraphs (d1) and (d2) of this section:
    (1) To locate an individual who may be the parent of a child in a 
IV-D or non-IV-D case. The State PLS shall locate individuals for the 
purpose of establishing parentage, or establishing, setting the amount 
of, modifying, or enforcing child support obligations or for 
determining who has or may have parental rights with respect to a 
child. For these purposes, only information available through the 
Federal PLS or the State PLS may be provided. This information is 
limited to Social Security number(s), most recent address, employer 
name and address, employer identification number, wages or other income 
from, and benefits of, employment, including rights to, or enrollment 
in, health care coverage, or asset and debt information;
    (2) To locate an individual sought for the unlawful taking or 
restraint of a child or for child custody or visitation purposes. The 
State PLS shall locate individuals for the purpose of enforcing a State 
law with respect to the unlawful taking or restraint of a child or for 
making or enforcing a child custody or visitation determination as 
defined in section 463(d)(1) of the Act. For this purpose, only the 
information available through the Federal PLS or the State PLS may be 
provided. This information is limited to most recent address and place 
of employment of a parent or child.
    (e) Locate information subject to disclosure. Subject to the 
requirements of this section and the privacy safeguards required under 
section 454(26) of the Act, the State PLS shall disclose the following 
information to authorized persons for authorized purposes:
    (1) Federal PLS information described in sections 453 and 463 of 
the Act; and
    (2) Information from in-State locate sources as required by this 
section and described in Sec.  303.3(b)(1) of this chapter.

[[Page 60048]]

Appendix A to Sec.  302.35--Locating Individuals Through the State PLS 
\1\
---------------------------------------------------------------------------

    \1\Related regulations on locate function: 45 CFR 303.3, 
Location of Noncustodial Parents in IV-D Cases; 45 CFR 303.20, 
Minimum Organizational and Staffing Requirements; 45 CFR 303.70, 
Procedures for Providing Information to the State PLS from the 
Federal PLS.

    Authority: Sec. 453 of the Act; 45 CFR 302.35, State Parent 
Locator Service.

------------------------------------------------------------------------
                                  Authorized person/      Authorized
       Authorized purpose               program           information
------------------------------------------------------------------------
A. Locating a parent or child     State IV-D          From FPLS, in-
 involved in a IV-D child          agencies.           state sources and
 support case.                                         other states as
                                                       appropriate,
                                                       individual's
                                                       name, address and
                                                       SSN; employer's
                                                       name, address,
                                                       and Federal
                                                       Employer
                                                       Identification
                                                       Number (FEIN),
                                                       wages, income and
                                                       benefits from
                                                       employment,
                                                       including health
                                                       care coverage,
                                                       and asset or debt
                                                       information.
B. Locating a parent or child      Court/     From FPLS, and
 involved in a non-IV-D child      agent of court      from in-state
 support case.                     with authority to   sources (unless
                                   issue support       prohibited),
                                   order.              first 6 items
                                   Resident    above, wages,
                                   parent, legal       income and
                                   guardian,           benefits from
                                   attorney or agent   employment,
                                   of a non-IV-A       including health
                                   child..             care coverage,
                                                       and asset or debt
                                                       information
                                                       available from a
                                                       Federal or State
                                                       agency. No
                                                       automated system
                                                       or other states'
                                                       data; no IRS
                                                       information; no
                                                       FIDM information;
                                                       no subsequent
                                                       attempts to
                                                       locate unless
                                                       additional
                                                       information is
                                                       provided.
C. Locating an individual sought   A court    From FPLS and in-
 in a parental kidnapping, child   with jurisdiction   state sources
 custody or visitation case.       to order/enforce    (unless
                                   custody or          prohibited), most
                                   visitation.         recent address
                                   Agent/      and place of
                                   attorney of state   employment. No
                                   with authority to   automated system
                                   enforce custody     or other states'
                                   or visitation       data; no IRS
                                   rights..            information; no
                                   Agent or    FIDM information;
                                   attorney of US or   no subsequent
                                   a state with        attempts to
                                   authority to        locate unless
                                   investigate,        additional
                                   enforce or          information is
                                   prosecute           provided.
                                   unlawful taking
                                   or restraint of a
                                   child..
D. Locating an individual who is  State IV-B and IV-  From FPLS, and
 or may be a parent of a child.    E agencies.         from in-state
                                                       sources (unless
                                                       prohibited) first
                                                       6 items above,
                                                       wages, income and
                                                       benefits from
                                                       employment,
                                                       including health
                                                       care coverage,
                                                       and asset or debt
                                                       information if
                                                       available from a
                                                       Federal or State
                                                       agency.
                                                      No automated
                                                       system or other
                                                       states' data; no
                                                       IRS information;
                                                       no FIDM
                                                       information; no
                                                       subsequent
                                                       attempts to
                                                       locate.
------------------------------------------------------------------------

PART 303--STANDARDS FOR PROGRAM OPERATIONS

    1. The authority citation for part 303 is amended to read as 
follows:

    Authority: 42 U.S.C. 651 through 658, 660, 663, 664, 666, 667, 
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p) and 1396(k).

    2. Revise Sec.  303.3 to read as follows:


Sec.  303.3  Location of noncustodial parents in IV-D cases.

    (a) Definition. For purposes of this section, location means 
obtaining information concerning the physical whereabouts of the 
noncustodial parent, or the noncustodial parent's employer(s), other 
sources of income or assets, as appropriate, which is sufficient and 
necessary to take the next appropriate action in a IV-D case.
    (b) For all cases referred to the IV-D agency for IV-D services 
because of an assignment of support rights or cases opened upon 
application for IV-D services under Sec.  302.33 of this chapter, the 
IV-D agency must attempt to locate all noncustodial parents or their 
sources of income and/or assets when location is necessary to take a 
necessary action. Under this standard, the IV-D agency must:
    (1) Use appropriate location sources such as the Federal PLS; 
interstate location networks; local officials and employees 
administering public assistance, general assistance, medical 
assistance, food stamps, and social services (whether such individuals 
are employed by the State or a political subdivision); relatives and 
friends of the noncustodial parent, current or past employers; the 
local telephone company; the U.S. Postal Service; financial references; 
unions; fraternal organizations; and police, parole, and probation 
records, if appropriate; and State agencies and departments, as 
authorized by State law, including those departments which maintain 
records of public assistance, wages, and employment, unemployment 
insurance, income taxation, driver's licenses, vehicle registration, 
and criminal records and other sources;
    (2) Establish working relationships with all appropriate agencies 
in order to use locate resources effectively;
    (3) Within no more than 75 calendar days of determining that 
location is necessary, access all appropriate location sources and 
ensure that location information is sufficient to take the next 
appropriate action in a case;
    (4) Refer appropriate IV-D cases to the IV-D agency of any other 
State, in accordance with the requirements of Sec.  303.7. The IV-D 
agency of such other State shall follow the procedures in paragraphs 
(b)(1) through (b)(3) of this section for such cases, as necessary, 
except that the responding State is not required to access the Federal 
PLS;
    (5) Repeat location attempts in cases in which previous attempts to 
locate noncustodial parents or sources of income and/or assets have 
failed, but adequate identifying and other information exists to meet 
requirements for submittal for location, either quarterly or 
immediately upon receipt of new information which may aid in location, 
whichever occurs sooner. Quarterly attempts may be limited to automated 
sources, but must include accessing State employment security files. 
Repeated attempts because of new information which may aid in location 
must meet the requirements of paragraph (b)(3) of this section; and

[[Page 60049]]

    (6) Have in effect safeguards, applicable to all confidential 
information handled by the IV-D agency, that are designed to protect 
the privacy rights of the parties and that comply with the requirements 
of section 454(26) of the Act and Sec.  303.21.
    (c) The State must establish guidelines defining diligent efforts 
to serve process. These guidelines must include periodically repeating 
service of process attempts in cases in which previous attempts to 
serve process have failed, but adequate identifying and other 
information exists to attempt service of process.
    4. Section 303.20 is amended by revising paragraph (b)(7) as 
follows:


Sec.  303.20  Minimum organizational and staffing requirements.

    (b) * * *
    (7) Operation of the State PLS as required under Sec. Sec.  302.35, 
303.3, and 303.70 of this chapter.
* * * * *
    5. In 45 CFR part 303, Sec.  303.21 is added to read as follows:


Sec.  303.21  Safeguarding and disclosure of confidential information.

    (a) Definition. Confidential information means any information 
relating to a specified individual or an individual who can be 
identified by reference to one or more factors specific to him or her, 
including but not limited to the individual's Social Security number, 
residential and mailing addresses, employment information, and 
financial information. The amount of support ordered and the amount of 
a support collection are not considered confidential information for 
purposes of this section.
    (b) Scope. The requirements of this section apply to the IV-D 
agency, any other State or local agency or official to whom the IV-D 
agency delegates any of the functions of the IV-D program, any official 
with whom a cooperative agreement as described in Sec.  302.34 of this 
chapter has been entered into, and any person or private agency from 
whom the IV-D agency has purchased services pursuant to Sec.  304.22 of 
this chapter.
    (c) General rule. Except as authorized by the Act and implementing 
regulations, no entity described in paragraph (b) of this section shall 
disclose any confidential information obtained in connection with the 
performance of IV-D functions outside the administration of the IV-D 
program.
    (d) Authorized disclosures. (1) The entities described in paragraph 
(b) of this section shall, subject to such requirements as the Office 
may prescribe, disclose confidential information to such person or 
persons designated by the individual to whom the information relates to 
the extent necessary to comply with the consent or request of the 
individual. These entities shall also provide an individual his or her 
confidential information, upon request. This does not include providing 
an individual with confidential information concerning any other 
individual involved in the case.
    (2) The IV-D agency must, to the extent that it does not interfere 
with the IV-D agency meeting its own obligations and subject to such 
requirements as the Office may prescribe, disclose confidential 
information for purposes directly connected with:
    (i) The administration of the plan or program approved under titles 
IV, XIX, or XXI of the Act;
    (ii) Any investigation, prosecution or criminal or civil proceeding 
conducted in connection with the administration of any such plan or 
program;
    (iii) Reporting to an appropriate agency or official, information 
on known or suspected instances of physical or mental injury, sexual 
abuse or exploitation, or negligent treatment or maltreatment of a 
child under circumstances which indicate that the child's health or 
welfare is threatened; and
    (iv) Reporting to programs designated pursuant to sections 453A and 
1137 of the Act for purposes of income and eligibility verification.
    (3) With the exception of disclosures to title IV-A agencies, 
authorized disclosures under paragraph (d)(2) of this section shall not 
include confidential information from the National Directory of New 
Hires or the Federal Case Registry, unless the information has been 
independently verified. No IRS information or financial institution 
data match information may be disclosed outside the administration of 
the IV-D program, unless independently verified or otherwise authorized 
in Federal statute.
    (e) Safeguards. In addition to, and not in lieu of, the safeguards 
described in Sec.  307.13 of this chapter, which governs computerized 
support enforcement systems, the IV-D agency shall establish 
appropriate safeguards to comply with the provisions of this section. 
These safeguards shall prohibit disclosure to any committee or 
legislative body (Federal, State, or local) of any confidential 
information, unless authorized by the individual about whom the 
information relates as specified in paragraph (d) of this section.
    (f) Penalties for unauthorized disclosure. Any disclosure of 
confidential information in violation of the Act and implementing 
regulations shall be subject to any State and Federal statutes that 
impose legal sanctions for such disclosure.

Appendix A to Sec.  303.21--Safeguarding Confidential Information

[Confidential information must be safeguarded and released only as 
authorized]

----------------------------------------------------------------------------------------------------------------
                                                               Authorized person/
             Authority                 Authorized purpose            program            Authorized information
----------------------------------------------------------------------------------------------------------------
A. Sec 453(l) of the Act; Sec 454    (1) Comply with         Individual to whom      Individual's own
 (26) of the Act; Sec. 1102 of the    request of individual.  information relates.    confidential information
 Act; 45 CFR 303.21--authorized                                                       from any IV-D agency
 release of information.                                                              records.
                                     (2) To report child     Appropriate agency or   Limited to confidential
                                      abuse or neglect.       official.               information from IV-D
                                                                                      agency records (including
                                                                                      computerized support
                                                                                      enforcement system at
                                                                                      state option) to extent
                                                                                      necessary to make report;
                                                                                      no NDNH, FCR, IRS or FIDM
                                                                                      information unless
                                                                                      independently verified.

[[Page 60050]]

 
                                     (3) For Administration  Title IV, XIX, and XXI  Limited to confidential
                                      or investigation of     programs, including     information from IV-D
                                      authorized programs.    tribal programs under   agency records (including
                                                              these titles.           computerized support
                                                                                      enforcement system at
                                                                                      state option) to extent
                                                                                      necessary for
                                                                                      administration or
                                                                                      investigation of programs;
                                                                                      no NDNH, FCR, IRS or FIDM
                                                                                      information unless
                                                                                      independently verified,
                                                                                      except NDNH or FCR
                                                                                      information is available
                                                                                      to IV-A programs without
                                                                                      verification.
(B) Sec. 454A(f)(3) and (5) of the   (1) To perform state    State or tribal         Confidential information in
 Act; Sec 1102 of the Act; and 45     agency                  agencies                automated system; no NDNH,
 CFR 307.13--computerized support     responsibilities of     administering Title     FCR, IRS or FIDM
 enforcement system.                  designated programs.    IV, XIX, and XXI        information unless
                                                              programs.               independently verified,
                                                                                      except NDNH or FCR
                                                                                      information is available
                                                                                      to IV-A programs without
                                                                                      verification.
                                     (2) To identify and     Workforce Investment    NCP name, address, phone
                                      contact NCPs for        Boards that receive     number and identifying IV-
                                      participation in        welfare-to-work         A, case number; no NDNH,
                                      welfare-to-work         grants.                 FCR, IRS or FIDM
                                      program.                                        information unless
                                                                                      independently verified.
C. Sec 453A(h)(2) and 1137 of the    Income and eligibility  State agencies          Limited to the following
 Act--State Directory of New Hires.   verification purposes   administering title     employer-reported
                                      of designated           IV-A, Medicaid,         information provided to
                                      programs.               unemployment            the SDNH--individual's
                                                              compensation, food      name, address and SSN and
                                                              stamp, or other state   employer's name, address
                                                              program under a plan    and FEIN (federal employer
                                                              approved under title    identification number);
                                                              I, X, XIV or XVI of     programs must
                                                              the Act.                independently verify the
                                                                                      information before taking
                                                                                      action affecting the
                                                                                      individual; no NDNH, FCR,
                                                                                      IRS or FIDM information
                                                                                      unless independently
                                                                                      verified.
----------------------------------------------------------------------------------------------------------------

    6. Revise Sec.  303.70 to read as follows:


Sec.  303.70  Procedures for submissions to the State Parent Locator 
Service (State PLS) or the Federal Parent Locator Service (Federal 
PLS).

    (a) For the purpose of locating individuals in a paternity 
establishment case, a case involving the establishment, modification, 
or enforcement of a support order, a case involving the unlawful taking 
or restraint of a child or a child custody or visitation case, the 
Federal PLS will compare information in the Federal Case Registry and 
the National Directory of New Hires and report match information to the 
State IV-D agency or agencies involved in the case, consistent with 
section 453 of the Act.
    (b) Only the central State PLS may make submittals to the Federal 
PLS for the purposes specified in paragraph (a) of this section.
    (c) All submittals shall be made in the manner and form prescribed 
by the Office.
    (d) All submittals shall contain the following information:
    (1) The parent's or putative father's name;
    (2) The parent's or putative father's social security number (SSN). 
If the SSN is unknown, the IV-D agency must make reasonable efforts to 
ascertain the individual's SSN before making a submittal to the Federal 
PLS; and
    (3) Any other information prescribed by the Office.
    (e) The director of the IV-D agency or his or her designee shall 
attest annually to the following:
    (1)(i) The IV-D agency will only obtain information to facilitate 
the discovery of any individual in accordance with section 453(a)(2) of 
the Act for the purpose of establishing parentage, establishing, 
setting the amount of, modifying, or enforcing child support 
obligations, or for determining who has or may have parental rights 
with respect to a child, or in accordance with section 453(a)(3) for 
enforcing a State law with respect to the unlawful taking or restraint 
of a child, or for making or enforcing a child custody or visitation 
determination as defined in section 463(d)(1) of the Act.
    (ii) The IV-D agency will only provide information to the 
authorized persons specified in sections 453(c) or 463(d) of the Act.
    (2) In the case of a submittal made on behalf of a resident parent, 
legal guardian, attorney or agent of a child not receiving aid under 
title IV-A, the IV-D agency will verify that the requesting individual 
has complied with the provisions of Sec.  302.35 of this chapter.
    (3) The IV-D agency will treat any information obtained through the 
Federal PLS as confidential and shall safeguard the information under 
the requirements of sections 453(b), 453(l), 454(8), 454(26), and 
463(c) of the Act, Sec.  303.21 and instructions issued by the Office.
    (f)(1) The IV-D agency shall reimburse the Secretary for the fees 
required under:
    (i) Section 453(e)(2) of the Act whenever Federal PLS services are 
furnished to a resident parent, legal guardian, attorney or agent of a 
child not receiving aid under title IV-A of the Act;
    (ii) Section 454(17) of the Act whenever Federal PLS services are 
furnished in parental kidnapping and child custody or visitation cases;
    (iii) Section 453(k)(3) of the Act whenever a State agency receives 
information from the Federal PLS pursuant to section 453 of the Act.
    (2)(i) The IV-D agency may charge an individual requesting 
information, or pay without charging the individual, the fees 
referenced in paragraph (f)(1) of this section.
    (ii) The State may recover the fee required under section 453(e)(2) 
of the Act from the noncustodial parent who owes a support obligation 
to a family on whose behalf the IV-D agency is providing services and 
repay it to the individual requesting information or itself.
    (iii) State funds used to pay the fee under section 453(e)(2) of 
the Act are not program expenditures under the State plan but are 
program income under Sec.  304.50 of this chapter.
    (3) The fees referenced in paragraph (f)(1) of this section shall 
be reasonable and as close to actual costs as possible so as not to 
discourage use of the Federal PLS by authorized individuals.
    (4)(i) If a State fails to pay the fees charged by the Office under 
this section, the services provided by the Federal PLS in cases subject 
to the fees may be suspended until payment is received.
    (ii) Fees shall be paid in the amount and manner prescribed by the 
Office in instructions.

[[Page 60051]]

PART 307--COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS IN OPERATION 
AFTER OCTOBER 1, 1997

    1. The authority citation for part 307 continues to read as 
follows:

    Authority: 42 U.S.C. 652 through 658, 664, 666 through 669A, and 
1302.

    2. Amend Sec.  307.13 by revising paragraph (a) to read as follows:


Sec.  307.13  Security and confidentiality for computerized support 
enforcement systems in operation after October 1, 1997.

* * * * *
    (a) Information integrity and security. Have safeguards protecting 
the integrity, accuracy, completeness of, access to, and use of data in 
the computerized support enforcement system. These safeguards shall 
include written policies concerning access to data by IV-D agency 
personnel, and the sharing of data with other persons to:
    (1) Permit access to and use of data to the extent necessary to 
carry out the State IV-D program under this chapter;
    (2) Specify the data which may be used for particular IV-D program 
purposes, and the personnel permitted access to such data;
    (3) Permit exchanging information with State and tribal agencies 
administering programs under titles IV, XIX, and XXI of the Act, to the 
extent necessary to carry out State and tribal agency responsibilities 
under such programs in accordance with section 454A(f)(3) of the Act; 
and to the extent that it does not interfere with IV-D agency meeting 
its own obligations.
    (4) Permit disclosure of noncustodial parent names, addresses, 
telephone numbers, and identifying IV-A case number information to 
Workforce Investment Boards (formerly called private industry councils) 
that receive welfare-to-work grants as specified in section 454A(f)(5) 
of the Act.
    (5) Except for disclosure of National Directory of New Hire or 
Federal Case Registry information to title IV-A agencies, limit 
disclosure of National Directory of New Hire or Federal Case Registry 
information, IRS information or financial institution data match 
information, outside the IV-D program, to information that has been 
independently verified.
* * * * *
[FR Doc. 05-20508 Filed 10-13-05; 8:45 am]
BILLING CODE 4184-01-P