[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45070-45073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22581]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974; New System of Records
AGENCY: Office of Child Support Enforcement, ACF, HHS.
ACTION: Notification of a new system of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of 1974
(5 U.S.C. 552a), the Office of Child Support Enforcement (OCSE) is
publishing a notice of a new system of records, 09-80-0202, ``Federal
Case Registry of Child Support Orders.'' We are also proposing routine
uses for this new system.
DATES: HHS invites interested parties to submit comments on the
proposed notice within September 21, 1998. HHS has sent a report of a
New System, as required by 5 U.S.C. 552a(r) of the Privacy Act, to the
Committee on Government Reform and Oversight of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Office of Management and Budget (OMB) on August 17, 1998
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130,
Management of Federal Information Resources, dated February 20, 1996,
61 FR 6428. The new system will be effective October 1, 1998, unless
HHS receives comments which would result in a contrary determination.
ADDRESSES: Please address comments to: Donna Bonar, Director, Division
of Program Operations, Office of Child Support Enforcement, 370
L'Enfant Promenade, SW, 4th Floor East, Washington, DC 20447, (202)
401-9271.
Comments received will be available for inspection at the address
specified above from 9 a.m. to 5 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Donna Bonar, Director, Division of
Program Operations, Office of Child Support Enforcement, 370 L'Enfant
Promenade, SW, 4th Floor East, Washington, DC 20447, (202) 401-9271.
SUPPLEMENTARY INFORMATION: The Secretary is required to establish and
conduct a Federal Parent Locator Service (Service) pursuant to sections
453 and 454 of the Social Security Act (the Act) (42 U.S.C. 653 and
654). The service is a computerized national location network which
provides information to authorized persons for the purpose of
establishing parentage; establishing, setting the amount of, modifying
or enforcing child support obligations; determining who has or may have
parental rights with respect to a child; enforcing a State or Federal
law with respect to the unlawful taking or restraint of a child; or
making or enforcing a child custody or visitation determination as
defined in section 463(d)(1) of the Act (42 U.S.C. 463(d)(1)).
The Office of Child Support Enforcement (OCSE) proposes to
establish a new system of records: 09-80-0202, ``Federal Case Registry
of Child Support Orders'' (FCR). This system of records is being added
in accordance with section 453(h)(1) of the Act, (42 U.S.C. 653(h)(1))
which requires the Secretary of Health and Human Services to establish
and maintain an automated registry known as the Federal Case Registry
of Child Support Orders. The FCR will contain abstracts of support
orders and other information described in section 453(h)(2) of the Act
(42 U.S.C. 653(h)(2)), with respect to each case and order in each
State Case Registry, as
[[Page 45071]]
furnished and regularly updated by the States. This system of records
will be used to allow States to obtain current information on, or
facilitate the location of, persons specified in section 453(a) of the
Act (42 U.S.C. 653(a)). The Federal Case Registry and another component
of the Service, the National Directory of New Hires (contained in the
Federal Parent Locator and Federal Tax Refund Offset System, DHHS/OCSE
No. 09-90-0074) will automatically match each other on an ongoing
basis.
These automatic matches will enable the Service to determine if a
newly-hired employee is a participant in a child support case anywhere
in the country. These automatic matches will also enable the Service to
alert States when other States have registered the same individuals.
The FCR system of records will include records that contain the
following information: Names (including alternative names); social
security numbers (including alternative numbers); birth dates;
participant type (custodial party, noncustodial parent, putative
father, child); sex; case type (IV-D, non-IV-D) indication of an order;
family violence indicator (domestic violence or child abuse); locate
request type (reason for locate); locate source (source which State
wishes to check for data); State Federal Information Processing
Standard code; county code; State case identification number; and State
member identification number.
The records in this system will be maintained in a secure manner
compatible with their content and use. Approved users will be required
to adhere to the provisions of the Privacy Act and the HHS Privacy Act
Regulations. The System Manager will control access to the data. Access
to data in this system is restricted to persons whose official duties
require the use of such information, i.e., OCSE employees and
contractors responsible for implementing the FCR.
When a State notifies the FCR that there is reasonable evidence of
domestic violence or child abuse, and that disclosure could be harmful
to the party or the child, the Service will place a family violence
(FV) indicator in the record(s) of such person(s). Thereafter, no
information about such person(s) will be disclosed from the FCR.
Rather, the FCR will return a notice indicating that ``Disclosure is
Prohibited.'' The FV designation can only be removed by the State or
States that placed the designation. Information from records with the
FV designation may, however, be disclosed to a court or its agents
pursuant to section 453(b)(2)(B) of the Act (42 U.S.C. 653(b)(2)(B)).
Data may also be withheld if its release would violate national
security or policy interests or compromise the confidentiality of
census data.
The records will be stored on discs, computer tapes, and hard copy.
Rooms where records are to be stored will be locked when not in use.
During regular business hours rooms will be unlocked but controlled by
on-site personnel.
The routine uses include disclosures to States, Courts, their
agents or attorneys, and representatives of certain children for
purposes of establishing parentage; establishing, setting the amount
of, modifying or enforcing child support obligations; and determining
who have or may have parental rights with respect to a child.
Disclosures for the purposes of enforcing a State or Federal law with
respect to the unlawful taking or restraint of a child, or making or
enforcing a child custody or visitation determination may also be made.
Additional routine uses include disclosures to the U.S. Central
Authority (under the Hague Convention on International Child Abduction)
for the purpose of locating a child or parent; disclosures to State
child welfare, and foster case agencies to aid in administration of
these programs; disclosures to State agencies for the purpose of
assisting States in carrying out their responsibilities under programs
operated under Titles IV-D and IV-A of the Act; disclosures to the
Social Security Administration for name, birth date and social security
number verification; disclosures to the Treasury Department for the
purposes of administering sections of Title 26; and disclosures for
research purposes where authorized by law.
Dated: August 6, 1998.
David Gray Ross,
Commissioner.
09-80-0202
SYSTEM NAME:
Federal Case Registry of Child Support Orders (FCR), HHS, OCSE.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Child Support Enforcement, 370 L'Enfant Promenade, SW.,
4th Floor East, Washington, DC 20447;
Social Security Administration, 6200 Security Boulevard, Baltimore,
Maryland 21235.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records will be maintained with respect to all cases or orders
submitted by States to the Federal Case Registry. The cases and orders
which States will submit to the FCR include each case in which services
are being provided by the State under the State plan approved by Title
IV-D of the Act, and each support order established or modified in the
State on or after October 1, 1998.
CATEGORIES OF RECORDS IN THE SYSTEM:
The FCR system of records will include records that contain the
following information: Names (including alternative names); social
security numbers (including alternative numbers); birth dates;
participant type (custodial party, noncustodial parent, putative
father, child); sex; case type (IV-D, non-IV-D); indication of an
order; family violence indicator (domestic violence or child abuse);
locate request type (reason for locate); locate source (source which
State wishes to check for data); State Federal Information Processing
Standard code; county code; State case identification number; and State
member identification number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 452 and 453 of the Social Security Act (42 U.S.C. 652 and
653) required the Secretary of HHS to establish and conduct the Federal
Parent Locator Service, a computerized national location network which
provides address and social security number information to State and
local CSE agencies.
PURPOSE(s):
The primary purpose of the FCR will be to improve States' abilities
to locate parents and collect child support. The FCR will consist of
State case registry information, and will contain abstracts of case and
order information with respect to each case and order in each State
Case Registry. At least every two business days, the FCR will be
matched against the National Directory of New Hires (NDNH), another
component of the Federal Parent Locator Service, to determine if a
newly hired employee included in the NDNH is a participant in a child
support case anywhere in the country. Within two business days after a
comparison reveals a match with respect to an individual, the Service
will report the match as well as the information regarding the
individual's current employment and other pertinent information to the
State agency or agencies responsible for the case. The Service will
also alert States when other States have registered the same
individuals on the FCR.
The new system of records will include a Family Violence (FV)
[[Page 45072]]
indicator in the FCR to prevent disclosure of the records of any person
a State associates with FV. When a State notifies the FCR that there is
reasonable evidence of domestic violence or child abuse, and that
disclosure could be harmful to the party or the child, the FCR will not
disclose any information from the records. In this instance, the FCR
will return a notice indicating that ``Disclosure is Prohibited.'' A FV
designation can only be removed by the State that placed the
designation, and the designation may be placed by more than one State
on the same person. However, information from the records containing a
FV designation may be disclosed by court order pursuant to section
453(b)(2)(B) of the Act (42 U.S.C. 653(b)(2)(B)).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The routine uses proposed for this system are compatible with the
stated purpose of the system. Information from the Federal Case
Registry may be disclosed to the following entities: (1) Under section
453(c)(1) of the Act (42 U.S.C. 653(c)(1)), to agents and attorney of a
State which has in effect an approved plan under Title IV-A of the Act
who have duty or authority to collect child and spousal support; (2)
Under section 453(c)(2) of the Act (42 U.S.C 653(c)(2)), to a Court or
its agent which has authority to issue an order against a noncustodial
parent for child support or to serve as the initiating court in an
action to seek a child support order against a noncustodial parent; (3)
Under section 453(c)(3) of the Act (42 U.S.C. 653(c)(3)), to a resident
parent, legal guardian, or attorney or agent of a child not receiving
TANF benefits; (4) Under section 453(c)(4) of the Act (42 U.S.C.
653(c)(4)), to a State agency administering a child welfare program
operated under a State plan pursuant to subchapter 1 of Title IV-B of
the Act or a State plan pursuant to subchapter 2 of Title IV-B of the
Act, or to a State agency that is administering a program operated
under a State plan pursuant to Title IV-E of the Act; (5) Under section
653(j)(1)(B) of the Act (42 U.S.C. 653(j)(1)(B)), to the Social
Security Administration for verification of name, social security
number, and birth dates; and employer identification number; (6) Under
section 453(j)(2)(B) of the Act (42 U.S.C. 653(j)(2)(B)), to State
agencies responsible for paternity establishment or child support
cases; (7) Under section 453(j)(3)(B) of the Act (42 U.S.C
653(j)(3)(B)), to State agencies for the purpose of assisting States to
carry out their responsibilities under programs operated under Title
IV-D and IV-A of the Act; (8) Under section 463(d)(2)(A) of the Act (42
U.S.C. 663(d)(2)(A)), to agents or attorneys of States who have the
duty or authority to enforce child custody or visitation
determinations; (9) Under section 453(d)(2)(B) of the Act (42 U.S.C.
663(d)(2)(B)), to a Court or its agent with the jurisdiction to make or
enforce a child custody or visitation determination; (10) Under section
463(d)(2)(C) of the Act (42 U.S.C. 663(d)(2)(C)), to agents or attorney
of the U.S. or of a State who have the authority or duty to
investigate, enforce, or prosecute the unlawful taking or restraint of
a child; (11) Under section 463(e) of the Act (42 U.S.C. 663(e)), to
the U.S. Central Authority for the purpose of locating any parent or
child on behalf of an applicant to the Central Authority; (12) Pursuant
to Pub. L. 105-34, Title X, sections 1090(a)(2) and (4), to the
Secretary of Treasury for the purpose of administering sections of
Title 26 which grant tax benefits based on support or residence of
children; (13) Where permitted by law, to researchers for the purpose
of conducting research consistent with the pertinent statutory
authority.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The Secretary of Health and Human Services house the FCR in the
Social Security Administration's National Computer Center in Baltimore,
Maryland. A Direct Access Storage Data (DASD) unit will be used for
storage. FCR records will be maintained on disc and computer tape, and
hard copy.
RETRIEVABILITY:
System records can be accessed by either a State assigned case
identification number or Social Security Number.
SAFEGUARDS:
1. Authorized Users: Data stored on computer files are accessed by
passwords known only to persons who are responsible for implementing
the FCR. Access to information in the FCR system is limited to approved
users whose official duties require access to this information.
2. Physical Safeguards: Rooms where records are stored will be
locked when not in use. During regular business hours rooms will be
unlocked but controlled by on-site personnel.
3. Procedural and Technical Safeguards: A password is required to
access the terminal and a data set name restricts the release of the
data to only approved users. All users of the FCR system are required
to have in effect safeguards, applicable to all confidential
information that are designed to protect the privacy rights of the
parties; they must also have safeguards against any unapproved use or
disclosure of information contained in the FCR.
RETENTION AND DISPOSAL:
(1) Records pertaining to a child will be deleted from the FCR when
a State dissociates the last custodial parent, non-custodial parent, or
putative father from the case or order, and no child included in the
case or order is associated with any other FCR case or order; (2)
Records containing a Family Violence Indicator will be removed from the
FCR when the State that initiated the indicator requests that the
record be removed from the FCR or when the State closes the last case
or order including the person connected to an indicator; (3) Records of
information provided by the FCR to authorized users will be maintained
only long enough to communicate the information to the appropriate
State or Federal agent. Thereafter, the information provided will be
destroyed; (4) Records pertaining to disclosures (including information
provided by States, Federal agencies contacted, and an indication of
the type(s) of information returned), will be stored on a history tape
and in hard copy for two years and then destroyed; and (5) Any record
relating or potentially relating to a fraud or abuse investigation or a
pending or ongoing legal action including a class action, will be
retained until conclusion of the investigation or legal action. This
exception will protect information relevant to a pending case from
being prematurely destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Program Operations Division, Office of Child Support
Enforcement, Department of Health and Human Services, 370 L'Enfant
Promenade, SW., 4th Floor, Washington, DC 20447.
NOTIFICATION PROCEDURES:
To determine if a record exists, write to the System Manager listed
above. The requester must provide his or her full name and address.
Additional information, such as Social Security Number, date of birth
or mother's maiden name, may be requested by the system manager in
order to distinguish
[[Page 45073]]
between individuals having the same or similar names.
RECORD ACCESS PROCEDURES:
Individuals may have access to their records by making a written
request, addressed to the System Manager specified above. The envelope
containing the written request must be marked ``Privacy Act Request''
or ``Freedom of Information Act Request'' or both, in the bottom left-
hand corner. The letter requesting access to FCR records must state the
following: (1) That the request is being made under the Privacy Act;
Freedom of Information Act, or both, (2) the name, address, and
signature of the requester; and (3) a detailed description of the
record contents they are seeking.
CONTESTING RECORD PROCEDURE:
Individuals may request an amendment of a record which is not
accurate, relevant, timely, or complete by writing to the System
Manager at the address specified above. The envelope containing the
written request must be marked ``Privacy Act Amendment Request'' or
``Freedom of Information Act Request'' or both, in the bottom left-hand
corner. The letter requesting an amendment to FCR records must state
the following: (1) That the request to amend the record is being made
under the Privacy Act; Freedom of Information Act, or both, (2) the
individual's name, address, and signature; (3) a description of the
contested information; (4) the reason why the information should be
amended; and (5) documentation to show that the information is
inaccurate, irrelevant, untimely, or incomplete. Individuals who are
contesting records must also be able to prove their identity.
RECORD SOURCE CATEGORIES:
Information is obtained from departments, agencies, or
instrumentalities of the United States or any State.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 98-22581 Filed 8-21-98; 8:45 am]
BILLING CODE 4184-01-P
