Justia Regulation Tracker

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[Federal Register: April 25, 2005 (Volume 70, Number 78)]
[Notices]               
[Page 21200-21203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap05-43]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Office of Child Support Enforcement

 
Privacy Act of 1974; Amended System of Records

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

ACTION: Notice of amended system of records.

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SUMMARY: In accordance with the requirement of the Privacy Act of 1974 
(5 U.S.C. 552a), the Office of Child Support Enforcement (OCSE) is 
publishing notice of its amendment of its systems of records entitled 
``The Location and Collection System'', No. 09-90-0074.

DATES: HHS invites interested parties to submit comments on the 
proposed notice before May 25, 2005. As required by the Privacy Act (5 
U.S.C. 552a(r)), HHS on April 18, 2005 sent a report of an Amended 
System to the Committee on Government Reform and Oversight of the House 
of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Office of Management and Budget. The amendments 
described in this notice are effective upon publication unless HHS 
receives comments that would result in a contrary determination.

ADDRESSES: Please address comments to: Donna Bonar, Associate 
Commissioner, Office of Automation and Program Operations, Office of 
Child Support Enforcement, Administration for Children and Families, 
370 L'Enfant Promenade, SW., 2nd Floor West, Washington, DC 20447, 
(202) 401-9271.
    Comments received will be available for inspection at the address 
above from 9 a.m. to 5 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Donna Bonar, Director, Division of 
Program Operations, Office of Child Support Enforcement, Administration 
for Children and Families, 370 L'Enfant Promenade, SW., 2nd Floor West, 
Washington, DC 20447, (202) 401-9271.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Office of 
Child Support Enforcement (OCSE) is amending one of its Systems of 
Records, ``The Location and Collection System of Records'' (LCS), No. 
09-90-0074, last published at 69 FR 31392 on June 6, 2004.
    Consistent with section 453(j)(9) of the Social Security Act (the 
Act) as amended by Pub. L. 108-147, the National Directory of New Hires 
(NDNH) will be used by the Department of the Treasury, for the purpose 
of locating persons who owe delinquent nontax debt to the United States 
and whose debt has been referred to the Secretary of the Treasury in 
accordance with 31 U.S.C. 3711(g).

    Dated: April 18, 2005.
David H. Siegel,
Acting Commissioner, Office of Child Support Enforcement.
09-90-0074

SYSTEM NAME:
    Location and Collection System of Records, HHS, OCSE.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Child Support Enforcement, 370 L'Enfant Promenade, SW., 
2nd Floor West, Washington, DC 20447; Social Security Administration, 
6200 Security Boulevard, Baltimore, Maryland 21235.

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

CATEGORIES OF RECORDS IN THE SYSTEM:
    Specific records retained in the LCS system are: the name of 
noncustodial or custodial parent or child, Social Security number (when 
available), date of birth, place of birth, sex code, State case 
identification number, local

[[Page 21201]]

identification number (State use only), State or locality originating 
request, date of origination, type of case (Temporary Aid to Needy 
Families (TANF), non-TANF full-service, non-TANF locate only, parental 
kidnapping); home address, mailing address, type of employment, work 
location, annual salary, pay rate, quarterly wages, medical coverage, 
benefit amounts, type of military service (Army, Navy, Marines, Air 
Force, not in service), retired military (yes or no), Federal employee 
(yes or no), recent employer's address, known alias (last name only), 
date requests sent to State and Federal agencies or departments (SSA, 
Treasury, DoD/OPM, VA, USPS, FBI, and SESAs), dates of Federal 
agencies' or departments' responses, date of death, record identifier, 
employee's SSN, SSN verification indicator and any corrected SSN, 
employee first name, middle name, last name, employee address(es), date 
of birth (optional), employee date of hire (optional), employee State 
of hire, wage amount, quarter paid, reporting period; employer name, 
Federal Employer Identification Number or Federal Information 
Processing System (FIPS) Code, State Employee Identification Number of 
FIPS Code, employer address, employer foreign address, employer 
optional address, and employer optional foreign address; multistate 
employer name, address and Federal Identification Number; employee SSN, 
employee first name, middle name, last name, employee address(es), date 
of birth (optional), date of hire (optional), State of hire (optional), 
employee wage amount, quarter paid, reporting period; unemployment 
insurance record identifier, claimant SSN, SSN verification indicator 
and any corrected SSN; claimant first name, middle name, claimant 
address, SSA/VA benefit amount, unemployment insurance benefits amount, 
reporting period, quarter paid, payer State, date report processed; 
State code, local code, case number, arrearage amount, collection 
amount, adjustment amount, return indicator, transfer State, street 
address, city and State, zip code, zip code 4, total debt, number of 
adjustments, number of collections, net amount, adjustment year, tax 
period for offset, type of offset, offset amount, submitting State 
FIPS, locate code, case ID number, case type, and court/administrative 
order indicator. Records used to aid State Child Support Enforcement 
agencies in obtaining information from multistate financial 
institutions may include institution name(s), name control, Taxpayer 
Identification Number(s), year, month, service bureau indicator, 
transfer agent indicator, foreign corporation indicator, reporting 
agent/transmitter, address(es), file indicator, record type, payee last 
name control, SSN(s), payee account number, account full legal title 
(optional), payee foreign country indicator (optional), payee names, 
addresses, account balances (optional), trust fund indicator, account 
balance indicator (optional), account update indicator, account type, 
date of birth. Individuals will be fully informed of the uses and 
disclosures of their records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Legal authority for maintenance of the system is contained in 
sections 452 and 453 of the Social Security Act that require the 
Secretary of the Department of Health and Human Services to establish 
and conduct the Federal Parent Locator Service, a computerized national 
location network which provides location and asset information, 
including addresses and social security numbers to authorized persons, 
primarily for the purposes of establishing and collecting child support 
obligations.

PURPOSES:
    The primary purpose of the Location and Collection System is to 
improve States' abilities to locate parents and collect child support.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The routine uses of records maintained in the LCS are as follows: 
(1) Request the most recent home and employment addresses and SSN of 
the noncustodial or custodial parents from any State or Federal 
government department, agency or instrumentality which might have such 
information in its records; (2) provide the most recent home and 
employment addresses and SSN to State Child Support Enforcement (CSE) 
agencies under agreements covered by section 463 of the Act (42 U.S.C. 
663) for the purpose of locating noncustodial parents or children in 
connection with activities by State courts and Federal attorneys and 
agents charged with making or enforcing child custody determinations or 
conducting investigations, enforcement proceedings or prosecutions 
concerning the unlawful taking or restraint of children; (3) provide 
the most recent home and employment addresses and SSN to agents and 
attorneys of the United States, involved in activities in States which 
do not have agreements under section 463 of the Act for purposes of 
locating noncustodial parents or children in connection with Federal 
investigations, enforcement proceedings or prosecutions involving the 
unlawful taking or restraint of children; (4) provide to the State 
Department the name and SSN of noncustodial parents in international 
child support cases, and in cases involving the Hague Convention on the 
Civil Aspects of International Child Abduction; (5) provide to State 
agencies data in the NDNH portion of this system for the purpose of 
administering the Child Support Enforcement program and the Temporary 
Assistance for Needy Families (TANF) program; (6) provide to the 
Commissioner of Social Security information for the purposes of 
verifying reported SSNs, verifying eligibility and/or payment amounts 
under the Supplemental Security Income (SSI) program, and for other 
purposes; (7) provide to the Secretary of the Treasury information in 
the NDNH portion of this system for purposes of administering advance 
payments of the earned income tax credit and verifying a claim with 
respect to employment in a tax return; (8) provide to researchers new 
hire data for research efforts that would contribute to the TANF and 
CSE programs. Information disclosed may not contain personal 
identifiers; (9) provide to State CSE agencies, or any agent of an 
agency that is under contract with the State CSE agency, information 
which will assist in locating individuals for the purposes of 
establishing paternity and for establishing, modifying, and enforcing 
child support obligations; (10) disclose to authorized persons as 
defined in section 463(d)(2) of the Act (42 U.S.C. 663(d)(2)) records 
for the purpose of locating individuals and enforcing child custody and 
visitation orders; (11) disclose to the State agency administering the 
Medicaid, Unemployment Compensation, Food Stamp, Supplemental Security 
Income (SSI) and territorial cash assistance programs new hire 
information for income eligibility verification; (12) disclose to State 
agencies administering unemployment and worker's compensation programs 
new hire information to assist in determining the allowability of 
claims; (13) disclose information to the Treasury Department in order 
to collect past due child support obligation via offset tax refunds and 
certain Federal payments such as: Federal salary, wage and retirement 
payments; vendor payments; expense reimbursement payments, and travel 
payments; (14) disclose to the Secretary of State information necessary 
to revoke,

[[Page 21202]]

restrict, or deny a passport to any person certified by State CSE 
agencies as owing a child support arrearage in an amount specified in 
section 452(k) of the Act; and (15) disclose to States information 
pertaining to multistate financial institutions which has been provided 
by such institutions in order to aid State CSE agencies; (16) disclose 
to the Department of Education information in the NDNH portion of this 
system for purposes of enforcing obligations on loans under title IV of 
the Higher Education Act of 1965 that are in default or for collecting 
overpayments of grants awarded under this Act; (17) disclose to the 
Department of Housing and Urban Development information in the NDNH 
portion of this system for purposes of verifying employment and income 
of individuals participating in specified programs and, after removal 
of personal identifiers, to conduct analyses of the employment and 
income reporting of these individuals; (18) disclose information to 
private individuals or companies under contract with OCSE for the 
purpose of maintaining the LCS; and (19) disclose to the Department of 
the Treasury information in the NDNH portion of this system for 
purposes of locating persons who owe delinquent nontax debt to the 
United States and whose debt has been referred to the Secretary of the 
Treasury in accordance with 31 U.S.C. 3711(g).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Location and Collection System records are maintained on disc 
and computer tape, and hard copy.

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

SAFEGUARDS:
    1. Authorized Users: All requests from the State IV-D Agency must 
certify that: (1) They are being made to locate noncustodial and 
custodial parents for the purpose of establishing paternity or securing 
child support, or in cases involving parental kidnapping or child 
custody and visitation determinations and for no other purposes; (2) 
the State IV-D agency has in effect protective measures to safeguard 
the personal information being transferred and received from the 
Federal Parent Locator Service; and (3) the State IV-D Agency will use 
or disclose this information for the purposes prescribed in 45 CFR 
303.70.
    2. Physical Safeguards: For computerized records electronically 
transmitted between Central Office and field office locations 
(including organizations administering HHS programs under contractual 
agreements), safeguards include a lock/unlock password system. All 
input documents will be inventoried and accounted for. All inputs and 
outputs will be stored in a locked receptacle in a locked room. All 
outputs will be labeled ``For Official Use Only'' and treated 
accordingly.
    3. Procedural and Technical Safeguards: All Federal and State 
personnel and contractors are required to take a nondisclosure oath. A 
password is required to access the terminal. All microfilm and paper 
files are accessible only by authorized personnel who have a need for 
the information in the performance of their official duties. These 
practices are in compliance with the standards of Chapter 45-13 of the 
HHS General Administration Manual, ``Safeguarding Records Contained in 
Systems of Records,'' and the Department's Automated Information System 
Security Program Handbook.

RETENTION AND DISPOSAL:
    Quarterly wage data and unemployment data supplied to the LCS 
which, within 12 months, has not produced a match as a result of any 
information comparison will not thereafter be used for child support 
enforcement purposes. Quarterly wages and unemployment data and new 
hire information will be deleted from the database 24 months after the 
date of entry. An information comparison will be retained for 24 
months. Sample data will be retained only long enough to complete 
research authorized under section 453(j)(5) of the Act. Tax refund and 
administrative offset information will be maintained for six years in 
an active master file for purposes of collection and adjustment. After 
this time, records of cases for which there was no collection will be 
destroyed. Records of cases with a collection will be stored on-line in 
an inactive master file. Records pertaining to passport denial will be 
updated and/or deleted as obligors meet satisfactory restitution or 
other State approved arrangements. Records of information provided to 
authorized users will be maintained only long enough to communicate the 
information to the appropriate State or Federal agent. Thereafter, the 
information provided will be destroyed. However, records pertaining to 
the disclosures, which include information provided by States, Federal 
agencies contacted, and an indication of the type(s) of information 
returned, will be stored on a history tape and in hard copy for five 
years and then destroyed. Records of information provided by financial 
institutions for the purpose of facilitating matches will be maintained 
only long enough to communicate the information to the appropriate 
State agent. Thereafter, the information provided will be destroyed. 
However, records pertaining to the disclosures, which include 
information provided by States, Federal agencies contacted, and an 
indication of the type(s) of information returned, will be stored on a 
history tape and in hard copy for five years and then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:
    Associate Commissioner for Automation and Program Operations, 
Office of Child Support Enforcement, Administration for Children and 
Families, 370 L'Enfant Promenade, SW., 2nd Floor West, Washington, DC 
20447.

NOTIFICATION PROCEDURES:
    To determine if a record exists, write to the Systems Manager at 
the address listed above. The Privacy Act provides that, except under 
certain conditions specified in the law, only the subject of the 
records may have access to them. All requests must be submitted in the 
following manner: Identify the system of records you wish to have 
searched, have your request notarized to verify your identify, indicate 
that you are aware that the knowing and willful request for or 
acquisition of a Privacy Act record under false pretenses is a criminal 
offense subject to a $10,000 fine. Your letter must also provide 
sufficient particulars to enable OCSE to distinguish between records on 
subject individuals with the same name.

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

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

[[Page 21203]]

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

ITEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 05-8214 Filed 4-22-05; 8:45 am]

BILLING CODE 4184-01-M