Office of Child Support Enforcement Privacy Act of 1974; System of Records, 560-569 [2010-33295]
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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Respondents
Number of
responses per
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(in hours)
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Survey Presentation for the ACS Module
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Dated: December 28, 2010.
Carol E. Walker,
Acting Reports Clearance Officer, Centers for
Disease Control and Prevention.
[FR Doc. 2010–33342 Filed 1–4–11; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Office of Child Support Enforcement
Privacy Act of 1974; System of
Records
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Child Support
Enforcement, ACF, HHS.
AGENCY:
Centers for Disease Control and
Prevention
ACTION:
Mine Safety and Health Research
Advisory Committee: Notice of Charter
Renewal
SUMMARY:
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This gives notice under the Federal
Advisory Committee Act (Pub. L. 92–
463) of October 6, 1972, that the Mine
Safety and Health Research Advisory
Committee, Centers for Disease Control
and Prevention, Department of Health
and Human Services, has been renewed
for a 2-year period through November
30, 2012.
For information, contact Jeffrey
Kohler, PhD, Designated Federal Officer,
Mine Safety and Health Research
Advisory Committee, Centers for
Disease Control and Prevention,
Department of Health and Human
Services, 626 Cochrans Mill Road,
Mailstop P05, Pittsburgh, Pennsylvania
15236, Telephone (412) 386–5301 or fax
(412) 386–5300.
The Director, Management Analysis
and Services Office, has been delegated
the authority to sign Federal Register
notices pertaining to announcements of
meetings and other committee
management activities, for both CDC
and the Agency for Toxic Substances
and Disease Registry.
Dated: December 27, 2010.
Andre Tyler,
Acting Director, Management Analysis and
Services Office, Centers for Disease Control
and Prevention.
[FR Doc. 2010–33341 Filed 1–4–11; 8:45 am]
BILLING CODE 4163–18–P
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Notice of the rescission,
establishment, and amendment of
systems of records.
In accordance with the
requirements of the Privacy Act of 1974
(5 U.S.C. 552a), as amended, the Office
of Child Support Enforcement (OCSE) is
publishing notice that it will rescind a
notice of a system of records entitled
‘‘Location and Collection System,’’ 09–
90–0074, establish two new systems of
records entitled ‘‘OCSE National
Directory of New Hires’’ and ‘‘OCSE
Debtor File,’’ and amend an existing
system of records entitled ‘‘OCSE
Federal Case Registry of Child Support
Orders.’’
The Department of Health and
Human Services (HHS) invites
interested parties to submit written
comments on the proposed rescission,
establishment and amendment to its
systems of records notices until
February 4, 2011. As required by the
Privacy Act (5 U.S.C. 552a(r)), HHS on
December 22, 2010 sent reports of the
establishment of new systems of records
(which included the proposed
rescission of an existing system) and an
amendment of a system of records to the
Committee on Homeland Security and
22 Governmental Affairs of the Senate,
the Committee on Oversight and
Government Reform of the House of
Representatives and the Office of
Information and Regulatory Affairs of
the Office of Management and Budget
(OMB). The proposed rescission,
establishment and amendment
described in this notice is effective on
February 4, 2011, unless HHS receives
DATES:
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comments which result in a contrary
determination.
ADDRESSES: Interested parties may
submit written comment on this notice
by writing to Linda Deimeke, Director,
Division of Federal Systems, Office of
Automation and Program Operations,
Office of Child Support Enforcement,
Administration for Children and
Families, 370 L’Enfant Promenade, SW.,
4th Floor East, Washington, DC 20447.
Comments received will be available for
public inspection at this address from 9
a.m. to 5 p.m. ET, Monday through
Friday.
FOR FURTHER INFORMATION CONTACT:
Linda Deimeke, Director, Division of
Federal Systems, Office of Automation
and Program Operations, Office of Child
Support Enforcement, Administration
for Children and Families, 370 L’Enfant
Promenade, SW., 4th Floor East,
Washington, DC 20447, (202) 401–5439.
SUPPLEMENTARY INFORMATION: OCSE’s
system of records, Location and
Collection System (LCS), 09–90–0074,
last published at 72 FR 51446
(September 7, 2007), currently
maintains the records of the National
Directory of New Hires database and the
Offset File database. By this notice,
OCSE proposes to rescind the notice of
the LCS system of records and to
separate the NDNH and Offset databases
by establishing two new systems of
records, the National Directory of New
Hires (NDNH), No. 09–80–0381 and the
Debtor File, No. 09–80–0383. The
NDNH system of records will maintain
records currently held in the LCS’
NDNH database and the Debtor File will
maintain records currently held in the
LCS’ Offset File database. The
separation and redesignation of LCS
records is intended to more accurately
reflect the purposes for which the
records in the system may be used.
OCSE also proposes to amend the notice
of its system of records, the Federal Case
Registry of Child Support Orders (FCR),
No. 09–80–0202, last published at 73 FR
20306 (April 15, 2008). A Notice of
Proposed Rulemaking to be published in
the Federal Register for public comment
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will request an exemption for the FCR
from the provisions of the Privacy Act
based on section (k)(2) of the Privacy
Act. (5 U.S.C. 552a(k)(2)). The
exemption for the FCR will be effective
30 days after publication of the final
rule establishing the exemption.
Dated: December 16, 2010.
Vicki Turetsky,
Commissioner, Office of Child Support
Enforcement.
SYSTEM NUMBER:
09–80–0381. This system was
formerly part of OCSE Location and
Collection System HHS, OCSE (09–90–
0074).
SYSTEM NAME:
OCSE National Directory of New
Hires (NDNH) HHS/ACF/OCSE.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Computer Center, Social
Security Administration, Baltimore, MD
21235.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
1. Individuals who are newly hired
‘‘employees’’ within the meaning of
chapter 24 of the Internal Revenue Code
of 1986, 26 U.S.C. 3401, whose
employers have furnished specified
information to a State Directory of New
Hires which, in turn, has furnished such
information to the National Directory of
New Hires pursuant to 42 U.S.C.
653a(g)(2)(A);
2. Individuals who are Federal
government employees whose
employers have furnished specified
information to the National Directory of
New Hires pursuant to 42 U.S.C. 653(n).
This category does not including
individuals who are employees of a
department, agency, or instrumentality
performing intelligence or
counterintelligence functions, if the
head of such department, agency, or
instrumentality has determined that
filing such a report could endanger the
safety of the employee or compromise
an ongoing investigation or intelligence
mission; and
3. Individuals to whom
unemployment compensation or wages
have been paid and about whom the
State Directory of New Hires has
furnished such information to the
National Directory of New Hires
pursuant to 42 U.S.C. 653a(g)(2)(B).
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Records pertaining to newly hired
employees furnished by a State
Directory of New Hires pursuant to 42
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U.S.C. 653a(g)(2)(A). Records in the
system are the name, address, and
Social Security number (SSN) of the
employee, the name, address and
Federal identification number of the
employer of such employee and, at the
option of the State, the date of birth,
date of hire or State of hire of the
employee.
2. Records pertaining to newly hired
employees furnished by a Federal
department, agency or instrumentality
pursuant to 42 U.S.C. 653a(b)(1)(C).
Records in the system are the name,
address and SSN of the employee and
the name, address and the employer
identification number of the employer.
3. Records furnished by a State
Directory of New Hires pertaining to
wages and unemployment
compensation paid to individuals
pursuant to 42 U.S.C. 653a(g)(2)(B).
4. Records furnished by a Federal
department, agency, or instrumentality
pertaining to wages paid to individuals
pursuant to 42 U.S.C. 653(n).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 653(i).
PURPOSES:
The Office of Child Support
Enforcement (OCSE) uses the NDNH
primarily to assist States administering
programs that improve States’ abilities
to locate parents, establish paternity,
and collect child support. The NDNH is
also used to support other programs as
specified in sections 453 and 463 of the
Social Security Act (42 U.S.C. 653, 663):
Temporary Assistance for Needy
Families; child and family services;
foster care and adoption assistance;
establishing or verifying eligibility of
applicants for, or beneficiaries of benefit
programs; recouping payments or
delinquent debts under benefit
programs; and for certain research
purposes likely to contribute to
achieving the purposes of the
Temporary Assistance for Needy
Families (TANF) or the Federal/State
child support program.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances under which ACF may
disclose information from this system of
records without the consent of the data
subject. Each proposed disclosure of
information under these routine uses
will be evaluated to ensure that the
disclosure is legally permissible,
including but not limited to ensuring
that the purpose of the disclosure is
compatible with the purpose for which
the information was collected.
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Any information defined as ‘‘return’’
or ‘‘return information’’ under 26 U.S.C.
6103 (Internal Revenue Code) will not
be disclosed unless authorized by a
statute, the Internal Revenue Service
(IRS) or IRS regulations.
1. Disclosure for Child Support
Purposes
Pursuant to 42 U.S.C. 653(a)(2),
653(b)(1)(A) and 653(c), information
about the location of an individual or
information that would facilitate the
discovery of the location of an
individual or identifying information
about the individual may be disclosed,
upon request filed in accordance with
law, to an ‘‘authorized person’’ for the
purpose of establishing parentage or
establishing, setting the amount of,
modifying or enforcing child support
obligations. Other information that may
be disclosed is information about an
individual’s wages (or other income)
from, and benefits of, employment, and
information on the type, status, location,
and amount of any assets of, or debts
owed by or to, the individual. An
‘‘authorized person’’ is defined under 42
U.S.C. 653(c) as follows: (1) Any agent
or attorney of a State who has a duty or
authority to seek or recover any
amounts owed as child and spousal
support or to seek to enforce orders
providing child custody or visitation
rights; (2) a court which has authority to
issue an order against a noncustodial
parent for support of a child, or to issue
an order against a resident parent for
child custody or visitation rights, or any
agent of such court; (3) the resident
parent, legal guardian, attorney, or agent
of a child that is not receiving assistance
under a State program funded under
title IV–A of the Social Security Act
(Temporary Assistance to for Needy
Families); and (4) a State agency that is
administering a program operated under
title IV–B (child and family services
programs) or IV–E (Foster Care and
Adoption Assistance programs) of the
Social Security Act.
2. Disclosure for Purposes Related to
the Unlawful Taking or Restraint of a
Child or Child Custody or Visitation
Pursuant to 42 U.S.C. 653(b)(1)(A),
upon request of an ‘‘authorized person,’’
as defined in 42 U.S.C. 663(d)(2),
information as to the most recent
address and place of employment of a
parent or child may be disclosed for the
purpose of enforcing any 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.
3. Disclosure to Department of State
under International Child Abduction
Remedies Act
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Pursuant to 42 U.S.C. 663(e), the most
recent address and place of employment
of a parent or child may be disclosed
upon request to the Department of State,
in its capacity as the Central Authority
designated in accordance with section 7
of the International Child Abduction
Remedies Act, 42 U.S.C. 11601 et seq.,
for the purpose of locating the parent or
child on behalf of an applicant.
4. Disclosure to a Foreign
Reciprocating Country for Child
Support Purposes
Pursuant to 42 U.S.C. 659a(c)(2),
information on the State of residence of
an individual sought for support
enforcement purposes in cases
involving residents of the United States
and residents of foreign countries that
are the subject of a declaration may be
disclosed to a foreign reciprocating
country.
5. Disclosure to the Treasury for Tax
Administration Purposes
Pursuant to 42 U.S.C. 653(i)(3),
information may be disclosed to the
Secretary of the Treasury for purposes of
administering 26 U.S.C. 32 (earned
income tax credit), administering 26
U.S.C. 3507 (advance payment of earned
income tax credit) or verifying a claim
with respect to employment in a tax
return.
6. Disclosure to the Social Security
Administration for Verification
Pursuant to 42 U.S.C. 653(j)(1), the
names, SSNs, and birth dates of
individuals about whom information is
maintained may be disclosed to the
Social Security Administration to the
extent necessary for verification of the
information by the Social Security
Administration.
7. Disclosure for Locating an
Individual for Paternity Establishment
or in Connection with a Support Order
Pursuant to 42 U.S.C. 653(j)(2), the
results of a comparison between records
in this system and the Federal Case
Registry of Child Support Orders may be
disclosed to the State IV–D child
support enforcement agency responsible
for the case for the purpose of locating
an individual in a paternity
establishment case or a case involving
the establishment, modification or
enforcement of a support order.
8. Disclosure to State Agencies
Operating Specified Programs
Pursuant to 42 U.S.C. 653(j)(3),
information may be disclosed to a State
to the extent and with the frequency
that the Secretary determines to be
effective in assisting the State to carry
out its responsibilities under child
support programs operated under 42
U.S.C. 651 through 669b (Title IV–D of
the Social Security Act, Child Support
and Establishment of Paternity), child
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and family services programs operated
under 42 U.S.C. 621 through 639 (Title
IV–B of the Social Security Act), Foster
Care and Adoption Assistance programs
operated under 42 U.S.C. 670 through
679A (Title IV–E of the Social Security
Act) and assistance programs funded
under 42 U.S.C. 601 through 619 (Title
IV–A of the Social Security Act,
Temporary Assistance for Needy
Families).
9. Disclosure to the Commissioner of
Social Security
Pursuant to 42 U.S.C. 653(j)(4),
information may be disclosed to the
Commissioner of Social Security for the
purpose of verifying eligibility for Social
Security Administration programs and
administering such programs.
10. Disclosure for Authorized
Research Purposes
Pursuant to 42 U.S.C. 653(j)(5), data in
the NDNH, including information
reported by employers pursuant to 42
U.S.C. 653a(b), may be disclosed,
without personal identifiers, for
research purposes found by the
Secretary to be likely to contribute to
achieving the purposes of 42 U.S.C. 651
through 669b (Title IV–D of the Social
Security Act, Child Support and
Establishment of Paternity) and 42
U.S.C. 601 through 619 (Title IV–A of
the Social Security Act, Temporary
Assistance for Needy Families).
11. Disclosure to Secretary of
Education for Collection of Defaulted
Student Loans
Pursuant to 42 U.S.C. 653(j)(6), the
results of a comparison of information
in this system with information in the
custody of the Secretary of Education
may be disclosed to the Secretary of
Education for the purpose of collection
of debts owed on defaulted student
loans, or refunds on overpayments of
grants, made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070
et seq. and 42 U.S.C. 2751 et seq.) and,
after removal of personal identifiers, for
the purpose of conducting analyses of
student loan defaults.
12. Disclosure to Secretary of Housing
and Urban Development for Verification
Purposes
Pursuant to 42 U.S.C. 653(j)(7),
information regarding an individual
participating in a housing assistance
program (United States Housing Act of
1937 (42 U.S.C. 1437 et seq.); 12 U.S.C.
1701s, 1701q, 1715l(d)(3), 1715l(d)(5),
1715z–1; or 42 U.S.C. 8013) may be
disclosed to the Secretary of Housing
and Urban Development for the purpose
of verifying the employment and
income of the individual and, after
removal of personal identifiers, for the
purpose of conducting analyses of the
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employment and income reporting of
such individuals.
13. Disclosure to State Unemployment
Compensation Agency for Program
Purposes
Pursuant to 42 U.S.C. 653(j)(8),
information on an individual for whom
a State agency administering an
unemployment compensation program
under Federal or State law has
furnished the name and Social Security
number, and information on such
individual’s employer, may be disclosed
to the State agency for the purposes of
administering the unemployment
compensation program.
14. Disclosure to Secretary of the
Treasury for Debt Collection Purposes
Pursuant to 42 U.S.C. 653(j)(9),
information pertaining to a person who
owes the United States delinquent
nontax debt and whose debt has been
referred to the Secretary of the Treasury
in accordance with 31 U.S.C. 3711(g),
may be disclosed to the Secretary of the
Treasury for purposes of collecting the
debt.
15. Disclosure to State Agency for
Food Stamp Program Purposes
Pursuant to 42 U.S.C. 653(j)(10),
information on an individual and the
individual’s employer may be disclosed
to a State agency responsible for
administering a supplemental nutrition
assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) for the purposes of administering
the program.
16. Disclosure to the Secretary of
Veterans Affairs for Verification
Purposes
Pursuant to 42 U.S.C. 653(j)(11),
information about an individual
applying for or receiving the following
benefits, compensation or services may
be disclosed to the Secretary of Veterans
Affairs for the purpose of verifying the
employment and income of the
individual and, after removal of
personal identifiers, to conduct analyses
of the employment and income
reporting of such individuals: (i) Needsbased pension benefits provided under
38 U.S.C. chapter 15, or under any other
law administered by the Secretary of
Veterans Affairs; (ii) parents’
dependency and indemnity
compensation provided under 38 U.S.C.
1315; (iii) health care services furnished
under subsections 38 U.S.C.
1710(a)(2)(G), (a)(3), (b); or (iv)
compensation paid under 38 U.S.C.
chapter 11, at the 100 percent rate based
solely on unemployability and without
regard to the fact that the disability or
disabilities are not rated as 100 percent
disabling under the rating schedule.
17. Disclosure for Law Enforcement
Purpose
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Records may be disclosed to the
appropriate Federal, State, local, tribal,
or foreign agency responsible for
identifying, investigating, prosecuting,
enforcing or implementing a statute,
rule, regulation or order, if the
information is relevant to a violation or
potential violation of civil or criminal
law or regulation within the jurisdiction
of the receiving entity.
18. Disclosure to Department of
Justice
Records may be disclosed to support
the Department of Justice when: (1)
HHS, or any component thereof; or (2)
any employee of HHS in his or her
official capacity; or (3) any employee of
HHS in his or her individual capacity
where the Department of Justice or HHS
has agreed to represent the employee; or
(4) the United States is a party to
litigation or has an interest in such
litigation, and the use of such records by
the Department of Justice is deemed by
HHS to be relevant and necessary to the
litigation; provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
19. Disclosure to Court or
Adjudicative Body
Records may be disclosed to a court
or adjudicative body when: (1) HHS, or
any component thereof; or (2) any
employee of HHS in his or her official
capacity; or (3) any employee of HHS in
his or her individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or (4) the
United States is a party to litigation or
has an interest in such litigation, and
the use of such records is deemed by
HHS to be relevant and necessary to the
litigation; provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
20. Disclosure to Contractor to
Perform Duties
Records may be disclosed to a
contractor performing or working on a
contract for HHS and who has a need to
have access to the information in the
performance of its duties or activities for
HHS in accordance with law and with
the contract.
21. Disclosure in the Event of a
Security Breach
Records may be disclosed to
appropriate Federal agencies and
Department contractors that have a need
to know the information for the purpose
of assisting the Department’s efforts to
respond to a suspected or confirmed
breach of the security or confidentiality
of information maintained in this
system of records and the information
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disclosed is relevant and necessary for
that assistance.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in the NDNH are stored
electronically at the Social Security
Administration’s National Computer
Center. Historical logs and system
backups are stored off-site at an
alternate location.
RETRIEVABILITY:
Records maintained in the NDNH are
retrieved by the SSN of the individual
to whom the record pertains.
SAFEGUARDS:
Specific administrative, technical and
physical controls are in place to ensure
that the records collected and
maintained in the NDNH are secure
from unauthorized access.
Access to the records is restricted to
authorized personnel who are advised
of the confidentiality of the records and
the civil and criminal penalties for
misuse and who sign a nondisclosure
oath to that effect. Personnel are
provided privacy and security training
before being granted access to the
records and annually thereafter.
Logical access controls are in place to
limit access to the records to authorized
personnel and to prevent browsing. The
records are processed and stored in a
secure environment.
All records are stored in an area that
is physically safe from access by
unauthorized persons at all times.
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
Records maintained in the NDNH are
retained for 24 months after the date of
entry and then deleted from the
database pursuant to 42 U.S.C.
653(i)(2)(A). In accordance with 42
U.S.C. 653(i)(2)(B), OCSE shall not have
access for child support enforcement
purposes to quarterly wage and
unemployment insurance information
in the NDNH if 12 months have elapsed
since the information is provided by a
State Directory of New Hires pursuant to
42 U.S.C. 653A(g)(2)(B) and there has
not been a match resulting from the use
of such information in any information
comparison. Notwithstanding these
retention and disposal requirements,
OCSE may retain such samples of data
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563
entered into the NDNH as OCSE may
find necessary to assist in carrying out
its responsibility to provide access to
data in the NDNH for research purposes
found by OCSE to be likely to contribute
to achieving the purposes of Part A or
Part D of Title IV of the Act, but without
personal identifiers, pursuant to 42
U.S.C. 653(i)(2)(C), (j)(5). Samples are
retained only so long as necessary to
complete such research.
SYSTEM MANAGER AND ADDRESS:
Director, Division of Federal Systems,
Office of Automation and Program
Operations, Office of Child Support
Enforcement, Administration for
Children and Families, 370 L’Enfant
Promenade, 4th Floor East, SW.,
Washington, DC 20447.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, SSN, and address of the
individual, and the request must be
signed by the individual to whom such
information pertains. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5.
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, SSN, and
address of the individual, and should be
signed by the individual to whom such
information pertains. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5.
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
request should (1) Include the name,
telephone number and/or email address,
SSN, and address of the individual, and
should be signed; (2) identify the system
of records that the individual believes
includes his or her records or otherwise
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provide enough information to enable
the identification of the individual’s
record; (3) identify the information that
the individual believes is not accurate,
relevant, timely, or complete; (4)
indicate what corrective action is
sought; and (5) include supporting
justification or documentation for the
requested amendment. Verification of
identity as described in HHS’s Privacy
Act regulations may be required. 45 CFR
5b.5.
RECORD SOURCE CATEGORIES:
Information is obtained from
departments, agencies, or
instrumentalities of the United States or
any State.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NUMBER:
09–80–0383. This system was
formerly part of OCSE Location and
Collection System HHS, OCSE (09–90–
0074).
SYSTEM NAME:
OCSE Debtor File HHS/ACF/OCSE.
SECURITY CLASSIFICATION:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
None.
42 U.S.C. 652, 653 and 664.
SYSTEM LOCATION:
National Computer Center, Social
Security Administration, Baltimore, MD
21235.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals owing past-due child
support, as reported by a State agency
administering a child support
enforcement program pursuant to 42
U.S.C. 651 through 669b (Title IV, Part
D, of the Social Security Act).
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CATEGORIES OF RECORDS IN THE SYSTEM:
1. Records pertaining to individuals
owing past-due child support, as
indicated by a State agency
administering a child support
enforcement program. Categories of
records in the system are the name and
Social Security number (SSN) of such
individual, the amount of past-due child
support owed by the individual,
adjustments to such amount,
information on each enforcement
remedy applicable to the individual to
whom the record pertains, as indicated
by a State IV–D child support agency;
the amount of past-due support
collected as a result of each such
remedy; and a history of updates by the
State agency to the records.
2. Records of the results of a
comparison between records in the
Debtor File pertaining to individuals
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owing past-due child support and
information maintained by the Secretary
of the Treasury concerning the
following amounts payable to such
individuals: refunds of Federal taxes;
salary, wage and retirement benefits;
vendor payments and expense
reimbursement payments and travel
payments;
3. Records of the results of a
comparison between records in the
Debtor File pertaining to individuals
owing past-due child support and
information provided by financial
institutions doing business in two or
more States, including the name, record
address, SSN, or other identifying
number of each such individual and
information about any account held by
the individual and maintained at such
institution; and
4. Records of the results of a
comparison between records in the
Debtor File pertaining to individuals
owing past-due child support and
information maintained by insurers (or
their agents) concerning insurance
claims, settlements, awards, and
payments to collect past-due child
support from those sources.
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PURPOSES:
The primary purpose of the Debtor
File is to improve States’ abilities to
collect past-due child support by
identifying sources of income and assets
of individuals owing past-due child
support. The Debtor File facilitates
OCSE’s execution of its responsibility to
perform the following duties: assisting
the Department of State with respect to
denial, revocation or limitation of
passports of individuals owing
arrearages of child support in an amount
exceeding $2,500 pursuant to 42 U.S.C.
652(k)(1); through the Federal Parent
Locator Service (FPLS), to aid State IV–
D agencies and financial institutions
doing business in two or more States to
identify sources of income at financial
institutions for individuals owing pastdue child support pursuant to 42 U.S.C.
652(l). (See also 42 U.S.C.
666(a)(17)(A)(i)); through the FPLS, to
compare information regarding
individuals owing past-due support
with specified information maintained
by insurers (or their agents) and furnish
information resulting from the data
matches to the State agencies
responsible for collecting child support
from the individuals pursuant to 42
U.S.C. 652(l) (to be redesignated
652(m)); to assist the Secretary of the
Treasury in withholding from refunds of
Federal taxes paid an amount owed by
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an individual owing past-due child
support pursuant to 42 U.S.C. 664; and
to assist State IV–D child support
enforcement agencies in the collection
of past-due child support through the
administrative offset of certain Federal
payments pursuant to the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134), Executive Order
13019, and 31 CFR 285. OCSE operates
the FPLS pursuant to 42 U.S.C.
652(a)(9), and 42 U.S.C. 653(a)(1).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances under which ACF may
disclose information from this system of
records without the consent of the data
subject. Each proposed disclosure of
information under these routine uses
will be evaluated to ensure that the
disclosure is legally permissible,
including but not limited to ensuring
that the purpose of the disclosure is
compatible with the purpose for which
the information was collected.
Any information defined as ‘‘return’’
or ‘‘return information’’ under 26 U.S.C.
6103 (Internal Revenue Code) will not
be disclosed unless authorized by a
statute, the Internal Revenue Service
(IRS) or IRS regulations.
1. Disclosure to the Treasury to
Withhold Past-Due Support
Pursuant to 42 U.S.C. 664 and the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134), information
pertaining to an individual owing pastdue child support may be disclosed to
the Secretary of the Treasury for the
purpose of withholding the past-due
support from amounts payable as
refunds of Federal taxes; salary, wage
and retirement payments; vendor
payments; and expense reimbursement
payments and travel payments.
2. Disclosure to State Department for
Passport Purposes
Pursuant to 42 U.S.C. 652(k),
information pertaining to an individual
owing past-due child support in a
specified amount, as certified by a State
child support enforcement agency, may
be disclosed to the Secretary of State for
the purpose of revoking, restricting,
limiting, or denying a passport to the
individual.
3. Disclosure to Financial Institution
to Collect Past-Due Support
Pursuant to 42 U.S.C. 652(l),
information pertaining to an individual
owing past-due child support may be
disclosed to a financial institution doing
business in two or more States to
identify an individual who maintains an
account at the institution for the
purpose of collecting past-due support.
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4. Disclosure to Insurer To Collect
Past-Due Support
Pursuant to 42 U.S.C. 652(l) (to be
redesignated (m)), information
pertaining to an individual owing pastdue child support may be disclosed to
an insurer (or its agent) to identify an
individual with an insurance claim,
settlement, award or payment for the
purpose of collecting past-due support.
5. Disclosure to State Child Support
Enforcement Agency of Comparison
Information for Assistance in Collecting
Past-Due Support
Pursuant to 42 U.S.C. 664 and the
Debt Collection Improvement Act 1996
(Pub. L. 104–134), the results of a
comparison of information pertaining to
an individual owing past-due child
support and information maintained by
the Secretary of Treasury pertaining to
amounts payable to the individual for
refunds of Federal taxes; salary, wage
and retirement benefits; vendor
payments; expense reimbursement
payments; or travel payments may be
disclosed to a State IV–D child support
agency for the purpose of assisting State
agencies in collecting past-due support.
5. Disclosure to Multistate Financial
Institution for Assistance in Collecting
Past-Due Support
Pursuant to 42 U.S.C. 652(l), the
results of a comparison between
information pertaining to an individual
owing past-due child support and
information on account holders
provided by multistate financial
institutions may be disclosed to a State
child support agency for the purpose of
assisting State agencies in collecting
past-due support.
7. Disclosure of Insurance Information
to State Child Support Enforcement
Agency for Assistance in Collecting
Past-Due Support
Pursuant to 42 U.S.C. 652(l) (to be
redesignated subsection(m)), the results
of a comparison between information
pertaining to an individual owing pastdue child support and information
maintained by an insurer (or its agent)
concerning insurance claims,
settlements, awards, and payments may
be disclosed to a State IV–D child
support agency for the purpose of
assisting State agencies in collecting
past-due support.
8. Disclosure for Law Enforcement
Purpose
Records may be disclosed to the
appropriate Federal, State, local, tribal,
or foreign agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
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within the jurisdiction of the receiving
entity.
9. Disclosure to Department of Justice
Records may be disclosed to support
the Department of Justice when: (1)
HHS, or any component thereof; or (2)
any employee of HHS in his or her
official capacity; or (3) any employee of
HHS in his or her individual capacity
where the Department of Justice or HHS
has agreed to represent the employee; or
(4) the United States is a party to
litigation or has an interest in such
litigation, and the use of such records by
the Department of Justice is deemed by
HHS to be relevant and necessary to the
litigation; provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
10. Disclosure to Court or
Adjudicative Body
Records may be disclosed to a court
or adjudicative body when: (1) HHS, or
any component thereof; or (2) any
employee of HHS in his or her official
capacity; or (3) any employee of HHS in
his or her individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or (4) the
United States is a party to litigation or
has an interest in such litigation, and
the use of such records deemed by HHS
to be relevant and necessary to the
litigation; provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
11. Disclosure to Contractor to
Perform Duties
Records may be disclosed to a
contractor performing or working on a
contract for HHS and who has a need to
have access to the information in the
performance of their duties or activities
for HHS in accordance with law and
with the contract.
12. Disclosure in the Event of a
Security Breach
Records may be disclosed to
appropriate Federal agencies and
Department contractors that have a need
to know the information for the purpose
of assisting the Department’s efforts to
respond to a suspected or confirmed
breach of the security or confidentiality
of information maintained in this
system of records and the information
disclosed is relevant and necessary for
that assistance.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
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565
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in the Debtor File are stored
electronically at the Social Security
Administration’s National Computer
Center. Historical logs and system
backups are stored off-site at an
alternate location.
RETRIEVABILITY:
Records maintained in the Debtor File
are retrieved by the SSN of the
individual to whom the record pertains;
provided, however, that for the purpose
of comparing information in the Debtor
File with information maintained by
insurers (or their agents) concerning
insurance claims, settlements, awards
and payments, records in the Debtor
File may be retrieved by the name of the
individual and either the date of birth
or the address of the individual.
SAFEGUARDS:
Specific administrative, technical,
and physical controls are in place to
ensure that the records collected and
maintained in the Debtor File are secure
from unauthorized access.
Access to the records is restricted to
authorized personnel who are advised
of the confidentiality of the records and
the civil and criminal penalties for
misuse and who sign a nondisclosure
oath to that effect. Personnel are
provided privacy and security training
before being granted access to the
records and annually thereafter.
Logical access controls are in place to
limit access to the records to authorized
personnel and to prevent browsing. The
records are processed and stored in a
secure environment.
All records are stored in an area that
is physically safe from access by
unauthorized persons at all times.
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
Records maintained in the Debtor File
are retained until the IV–D child
support case is in deleted status and
there has been no activity on the case
for seven years and are then deleted.
Records resulting from a comparison
between the Debtor File and both
records maintained by a financial
institution doing business in two or
more States and records maintained by
an insurer (or its agent) concerning
insurance claims, settlements, awards
and payments, are retained for one year
and are then deleted; provided,
however, that after removal of personal
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identifiers, the results of a comparison
may be retained for such period
necessary to conduct analyses for the
purpose of estimating potential
collections of past-due support by State
child support agencies and are then
deleted. If an extract from the Debtor
File is disclosed for a routine use to an
authorized user, including the Secretary
of the Treasury for the purpose of
withholding past-due support from
amounts payable as refunds of Federal
taxes or specified payments, a copy of
the extract is retained for one year and
is then deleted.
SYSTEM MANAGER AND ADDRESS:
Director, Division of Federal Systems,
Office of Automation and Program
Operations, Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services, 370
L’Enfant Promenade, 4th Floor East,
SW., Washington, DC 20447.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, SSN, and address of the
individual, and the request must be
signed by the individual to whom such
information pertains. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5.
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RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, SSN, and
address of the individual, and should be
signed by the individual to whom such
information pertains. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5.
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
request should (1) include the name,
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16:26 Jan 04, 2011
Jkt 223001
telephone number and/or e-mail
address, SSN, and address of the
individual, and should be signed; (2)
identify the system of records that the
individual believes includes his or her
records or otherwise provide enough
information to enable the identification
of the individual’s record; (3) identify
the information that the individual
believes in not accurate, relevant,
timely, or complete; (4) indicate what
corrective action is sought; and (5)
include supporting justification or
documentation for the requested
amendment. Verification of identity as
described in HHS’s Privacy Act
regulations may be required. 45 CFR
5b.5.
RECORD SOURCE CATEGORIES:
Information is obtained from
departments, agencies, or
instrumentalities of the United States or
any State and from multistate financial
institutions and insurers (or their
agents).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NUMBER:
09–80–0202.
SYSTEM NAME:
OCSE Federal Case Registry of Child
Support Orders (FCR) HHS/ACF/OCSE.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Computer Center, Social
Security Administration, Baltimore,
Maryland 21235.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals involved in child support
cases in which services are being
provided by the State IV–D child
support agencies, and/or individuals
who are subject to child support orders
established or modified on or after
October 1, 1998, and the children of
such individuals.
Social Security Act and those cases in
which services are not being provided
by the State child support agencies),
sex, date of birth, mother’s maiden
name, father’s name, participant type
(custodial party, noncustodial parent,
putative father, child), family violence
indicator (domestic violence or child
abuse), indication of whether a child
support or paternity order is in effect,
purpose of request, source of location
information. These records are
maintained within the FCR and are
regularly compared (matched) to the
National Directory of New Hires
(NDNH) and other Federal agencies’
databases to locate information for the
State child support agencies or other
authorized persons.
The records disseminated, depending
upon the requestor’s specific authority,
may include information retrieved from
the FCR, from the NDNH, or from other
Federal agencies. Records from the
NDNH and other agencies disseminated
through the FCR may include categories
of information such as name, SSN,
address, phone number, employer,
employment status and wages,
retirement status and pay, assets,
military status and pay, Federal benefits
status and amount, representative
payees, unemployment status and
amount, children’s health insurance,
incarceration status, financial
institution accounts, assets, and date of
death. The FCR also contains
information related to those categories
of records; for example, the date of
receipt of Federal benefits.
The FCR also maintains: (1) Records
(logs) of transactions involving the
receipt of locate requests and the
dissemination of requested information;
(2) copies of the disseminated
information for audit purposes; and (3)
copies of certain disseminated locate
information for the purpose of
electronically filtering and suppressing
the transmission of redundant locate
information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 653(h), 652(a)(9), 653(a)(1).
CATEGORIES OF RECORDS IN THE SYSTEM:
PURPOSES:
The FCR collects and maintains
records provided by State child support
registries. These records include
abstracts of support orders and
information from child support cases.
The records may include the following
information: name, Social Security
number (SSN), State case identification
number, State Federal Information
Processing Standard (FIPS) code, county
code, case type (cases in which services
are being provided by the State child
support agencies under Title IV–D of the
The Office of Child Support
Enforcement (OCSE) uses the FCR
primarily to assist States in
administering programs under 42 U.S.C.
651 to 669b (Title IV–D of the Social
Security Act, Child Support and
Establishment of Paternity) to improve
States’ abilities to locate parents and
collect child support. OCSE is required
to compare records transmitted to or
maintained within the FCR to records
maintained within the NDNH and other
Federal agencies’ databases and
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discloses information about the
individuals within the records to State
child support agencies or other
authorized persons. The information
assists State child support agencies or
other authorized persons by locating
individuals and their employment and
asset information who are involved in
child support cases. The FCR also
conducts FCR to FCR comparisons to
locate information about individuals
who are involved in child support cases
in more than one State and provides the
information to those States. Additional
purposes of the FCR are specified in
sections 453 and 463 of the Social
Security Act (42 U.S.C. 653, 663 and
include assisting States in administering
programs under 42 U.S.C. 601 to 619
(Title IV–A of the Social Security Act,
Temporary Assistance for Needy
Families); assisting States in carrying
out their responsibilities under child
and family services programs operated
under 42 U.S.C. 621 through 639 (Title
IV–B of the Social Security Act), Foster
Care and Adoption Assistance programs
operated under 42 U.S.C. 670 through
679A (Title IV–E of the Social Security
Act); providing locate information (State
of residence) pertaining to individuals
sought pursuant to the Convention on
the Civil Aspects of International Child
Abduction to authorized persons in a
Central Authority; to assist the Attorney
General of the United States in locating
any parent or child for the purpose of
enforcing 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; and to assist the
Secretary of the Treasury in
administering the sections of the
Internal Revenue Code of 1986 which
grant tax benefits based on support or
residence of children. FCR records may
also be disclosed for research purposes
likely to contribute to achieving the
purposes of the Temporary Assistance
for Needy Families (TANF) or the
Federal/State child support program.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
These routine uses specify
circumstances under which ACF may
disclose information from this system of
records without the consent of the data
subject. Each proposed disclosure of
information under these routine uses
will be evaluated to ensure that the
disclosure is legally permissible,
including but not limited to ensuring
that the purpose of the disclosure is
compatible with the purpose for which
the information was collected.
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If any record contains a ‘‘family
violence indicator’’ associated to the
record by State child support agencies if
there is reasonable evidence of domestic
violence or child abuse, and that
disclosure could be harmful to the party
or the child, the record may only be
disclosed as determined by a court as
provided in 42 U.S.C. 653(b)(2).
Any information defined as ‘‘return’’
or ‘‘return information’’ under 26 U.S.C.
6103 (Internal Revenue Code) will not
be disclosed unless authorized by a
statute, the Internal Revenue Service
(IRS) or IRS regulations.
1. Disclosure for Child Support
Purposes
Pursuant to 42 U.S.C. 653(a)(2),
653(b)(1)(A), and 653 (c), information
about the location of an individual or
information that would facilitate the
discovery of the location of an
individual may be disclosed, upon
request filed in accordance with law, to
an ‘‘authorized person’’ for the purpose
of establishing parentage or establishing,
setting the amount of, modifying or
enforcing child support obligations.
Information disclosed may include
information about an individual’s wages
(or other income) from, and benefits of,
employment, and information on the
type, status, location, and amount of any
assets of, or debts owed by or to, the
individual. An ‘‘authorized person’’ is
defined under 42 U.S.C. 653(c) as
follows: (1) Any agent or attorney of a
State who has a duty or authority to
seek or recover any amounts owed as
child and spousal support or to seek to
enforce orders providing child custody
or visitation rights; (2) a court which has
authority to issue an order against a
noncustodial parent for support of a
child, or to issue an order against a
resident parent for child custody or
visitation rights, or any agent of such
court; (3) the resident parent, legal
guardian, attorney, or agent of a child
that is not receiving assistance under a
State program funded under title IV–A
of the Social Security Act (Temporary
Assistance to/for Needy Families); and
(4) a State agency that is administering
a program operated under title IV–B
(child and family services programs) or
IV–E (Foster Care and Adoption
Assistance programs) of the Social
Security Act.
2. Disclosure to any Department,
Agency, or Instrumentality of the United
States or of any State to Locate an
Individual or Information Pertaining to
an Individual
Pursuant to 42 U.S.C. 653(e)(1),
information from the FCR (names and
SSNs) may be disclosed to any
department, agency, or instrumentality
of the United States or of any State in
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567
order to obtain information for an
‘‘authorized person’’ as defined in 42
U.S.C. 653(c) which pertains to an
individual’s location, wages (or other
income) from, and benefits of,
employment (including rights to or
enrollment in group health care
coverage); on the type, status, location,
and amount of any assets of, or debts
owed by or to, the individual. An
‘‘authorized person’’ is defined under 42
U.S.C. 653(c) as follows: (1) Any agent
or attorney of a State who has a duty or
authority to seek or recover any
amounts owed as child and spousal
support or to seek to enforce orders
providing child custody or visitation
rights; (2) a court which has authority to
issue an order against a noncustodial
parent for support of a child, or to issue
an order against a resident parent for
child custody or visitation rights, or any
agent of such court; (3) the resident
parent, legal guardian, attorney, or agent
of a child that is not receiving assistance
under a State program funded under
title IV–A of the Social Security Act
(Temporary Assistance to for Needy
Families); and (4) a State agency that is
administering a program operated under
title IV–B (child and family services
programs) or IV–E (Foster Care and
Adoption Assistance programs) of the
Social Security Act.
3. Disclosure for Purposes Related to
the Unlawful Taking or Restraint of a
Child or Child Custody or Visitation
Pursuant to 42 U.S.C. 653(b)(1)(A),
upon request of an ‘‘authorized person,’’
as defined in 42 U.S.C. 663(d)(2), or
upon request of the Department of
Justice, Office of Juvenile Justice and
Delinquency Prevention, pursuant to 42
U.S.C. 663(f), information as to the most
recent address and place of employment
of a parent or child may be disclosed for
the purpose of enforcing any 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. ‘‘Authorized
person’’ is defined in 42 U.S.C. 663(d)(2)
as (A) any agent or attorney of any State
having an agreement under this section,
who has the duty or authority under the
law of such State to enforce a child
custody or visitation determination; (B)
any court having jurisdiction to make or
enforce such a child custody or
visitation determination, or any agent of
such court; and (C) any agent or attorney
of the United States, or of a State having
an agreement under this section, who
has the duty or authority to investigate,
enforce, or bring a prosecution with
respect to the unlawful taking or
restraint of a child.
4. Disclosure to the Social Security
Administration for Verification
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Pursuant to 42 U.S.C. 653(j)(1), the
names, SSNs, and birth dates of
individuals about whom information is
maintained may be disclosed to the
Social Security Administration to the
extent necessary for verification of the
information by the Social Security
Administration.
5. Disclosure for Locating an
Individual for Paternity Establishment
or in Connection with a Support Order
Pursuant to 42 U.S.C. 653(j)(2)(B), the
results of a comparison between records
in this system and the National
Directory of New Hires may be
disclosed to the State IV–D child
support enforcement agency responsible
for the case for the purpose of locating
an individual in a paternity
establishment case or a case involving
the establishment, modification, or
enforcement of a support order.
6. Disclosure to State Agencies
Operating Specified Programs
Pursuant to 42 U.S.C. 653(j)(3),
information may be disclosed to a State
to the extent and with the frequency
that the Secretary determines to be
effective in assisting the State to carry
out its responsibilities under child
support programs operated under 42
U.S.C. 651 through 669b (Title IV–D of
the Social Security Act, Child Support
and Establishment of Paternity), child
and family services programs operated
under 42 U.S.C. 621 through 639 (Title
IV–B of the Social Security Act), Foster
Care and Adoption Assistance programs
operated under 42 U.S.C. 670 through
679A (Title IV–E of the Social Security
Act) and assistance programs funded
under 42 U.S.C. 601 through 619 (Title
IV–A of the Social Security Act,
Temporary Assistance for Needy
Families).
7. Disclosure to Department of State
under International Child Abduction
Remedies Act
Pursuant to 42 U.S.C. 663(e), the most
recent address and place of employment
of a parent or child may be disclosed
upon request to the Department of State,
in its capacity as the Central Authority
designated in accordance with Section 7
of the International Child Abduction
Remedies Act, 42 U.S.C. 11601 et seq.,
for the purpose of locating the parent or
child on behalf of an applicant.
8. Disclosure to Secretary of the
Treasury for Certain Tax Purposes
Pursuant to 42 U.S.C. 653(h)(3),
information may be disclosed to the
Secretary of Treasury for the purpose of
administering sections of the Internal
Revenue Code which grant tax benefits
based on support or residence of
children.
9. Disclosure for Authorized Research
Purposes
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16:26 Jan 04, 2011
Jkt 223001
Pursuant to 42 U.S.C. 653(j)(5), data in
the FCR may be disclosed, without
personal identifiers, for research
purposes found by the Secretary to be
likely to contribute to achieving the
purposes of 42 U.S.C. 651 through 669b
(Title IV–D of the Social Security Act,
Child Support and Establishment of
Paternity) and 42 U.S.C. 601 through
619 (Title IV–A of the Social Security
Act, Temporary Assistance for Needy
Families).
10. Disclosure to a Foreign
Reciprocating Country for Child
Support Purposes
Pursuant to 42 U.S.C. 659a(c)(2),
information on the State of residence of
an individual sought for support
enforcement purposes in cases
involving residents of the United States
and residents of foreign countries that
are the subject of a declaration may be
disclosed to a foreign reciprocating
country.
11. Disclosure for Law Enforcement
Purpose
Records may be disclosed to the
appropriate Federal, State, local, tribal,
or foreign agency responsible for
identifying, investigating, prosecuting,
enforcing or implementing a statute,
rule, regulation or order, if the
information is relevant to a violation or
potential violation of civil or criminal
law or regulation within the jurisdiction
of the receiving entity.
12. Disclosure to Department of
Justice
Records may be disclosed to support
the Department of Justice when: (1)
HHS, or any component thereof; or (2)
any employee of HHS in his or her
official capacity; or (3) any employee of
HHS in his or her individual capacity
where the Department of Justice or HHS
has agreed to represent the employee; or
(4) the United States is a party to
litigation or has an interest in such
litigation, and the use of such records by
the Department of Justice is deemed by
HHS to be relevant and necessary to the
litigation; provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
13. Disclosure to Court or
Adjudicative Body
Records may be disclosed to a court
or adjudicative body when: (1) HHS, or
any component thereof; or (2) any
employee of HHS in his or her official
capacity; or (3) any employee of HHS in
his or her individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or (4) the
United States is a party to litigation or
has an interest in such litigation, and
the use of such records by the
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Fmt 4703
Sfmt 4703
Department of Justice is deemed by HHS
to be relevant and necessary to the
litigation; provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
14. Disclosure to Contractor to
Perform Duties
Records may be disclosed to a
contractor performing or working on a
contract for HHS and who has a need to
have access to the information in the
performance of its duties or activities for
HHS in accordance with law and with
the contract.
15. Disclosure in the Event of a
Security Breach
Records may be disclosed to
appropriate Federal agencies and
Department contractors that have a need
to know the information for the purpose
of assisting the Department’s efforts to
respond to a suspected or confirmed
breach of the security or confidentiality
of information maintained in this
system of records and the information
disclosed is relevant and necessary for
that assistance.
DISCLOSURES TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored electronically at
the Social Security Administration’s
National Computer Center. Historical
logs and system backups are stored offsite at an alternate location.
RETRIEVABILITY:
Records can be retrieved by an
identification number assigned to a
child support case by the State child
support agency or an SSN of an
individual.
SAFEGUARDS:
Specific administrative, technical and
physical controls are in place to ensure
that the records collected and
maintained in the FCR are secure from
unauthorized access. Access to the
records is restricted to authorized
personnel who are advised of the
confidentiality of the records and the
civil and criminal penalties for misuse
and who sign a nondisclosure oath to
that effect. Personnel are provided
privacy and security training before
being granted access to the records and
annually thereafter.
Logical access controls are in place to
limit access to the records to authorized
personnel and to prevent browsing. The
E:\FR\FM\05JAN1.SGM
05JAN1
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices
records are processed and stored in a
secure environment.
All records are stored in an area that
is physically safe from access by
unauthorized persons at all times.
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
jlentini on DSKJ8SOYB1PROD with NOTICES
RETENTION AND DISPOSAL:
(1) Records provided from State child
support agencies. (a) Electronic records
furnished by the State child support
agency containing child support case
and order information (input files) are
retained for 60 days and then deleted.
(b) State agency records (as posted to the
FCR) remain within the FCR until
removed, upon notification by the State
agency that the case is closed and
notifies OCSE to remove it from the
FCR, provided that, upon request, a
sample may be retained for research
purposes found by OCSE to be likely to
contribute to achieving the purposes of
child support programs or the TANF
program, but without personal
identifiers. (c) Records pertaining to
closed cases are archived on the fiscal
year basis and retained for two years.
Family violence indicators are removed
from the individual’s record, upon
request by the State that initiated the
indicator. (2) Locate requests and match
results. (a) Locate requests submitted by
State child support agencies and other
authorized persons are retained for 60
days and are then deleted. (b) Audit trail
records of locate requests and
disclosures of match results pursuant to
those requests, which include
indications of which Federal agencies
were contacted for locate information,
whether information was located, and
the type(s) of information returned to
the requesting entity are archived once
a year based on the fiscal year. The
records are retained for two completed
fiscal years and then destroyed. These
records indicate the type of information
located for the authorized user, not the
information itself. (c) Records
containing information from the NDNH
or from other agencies obtained
pursuant to locate requests are provided
to authorized persons through the FCR.
Copies of records provided are then
retained within the FCR for the purpose
of electronically filtering and
suppressing redundant information
from being provided. NDNH
information is retained within the FCR
for one year and information from other
agencies is retained for up to three
years. Thereafter such information is
deleted. (3) Match results generated as
a result of FCR to FCR comparisons
which locate individuals who are
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16:26 Jan 04, 2011
Jkt 223001
participants in child support cases or
orders in more than one State are
transmitted to the relevant States.
Copies of FCR to FCR match results are
retained for 60 days and then deleted.
(4) Any record relating or potentially
relating to a fraud or abuse investigation
or a pending or ongoing legal action
including a class action, is retained
until conclusion of the investigation or
legal action. (5) Copies of the FCR
records transmitted annually to the IRS
for the purpose of administering the
earned income tax credit (routine use
12) are retained for one year and then
deleted.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Federal Systems,
Office of Automation and Program
Operations, Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services, 370
L’Enfant Promenade, SW., 4th Floor
East, Washington, DC 20447.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the System
Manager. The request should include
the name, telephone number and/or
email address, SSN, and address of the
individual, and the request must be
signed by the individual to whom such
information pertains. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5.
569
request should (1) include the name,
telephone number and/or email address,
SSN, and address of the individual, and
should be signed by the individual to
whom such information pertains; (2)
identify the system of records that the
individual believes includes his or her
records or otherwise provide enough
information to enable the identification
of the individual’s record; (3) identify
the information that the individual
believes is not accurate, relevant,
timely, or complete; (4) indicate what
corrective action is sought; and (5)
include supporting justification or
documentation for the requested
amendment. Verification of identity as
described in HHS’s Privacy Act
regulations may be required. 45 CFR
5b.5.
RECORD SOURCE CATEGORIES:
Records maintained within the FCR
are furnished by State child support
agencies. Records disseminated from the
FCR for the purpose of providing locate
information from the NDNH and other
Federal agencies are furnished by
departments, agencies, or
instrumentalities of the United States or
any State, employers, financial
institutions, and insurers or their agents.
Records maintained for the purpose of
filtering redundant data are also
furnished by these sources.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The portions of this system consisting
of investigatory material compiled for
law enforcement purposes have been
exempted pursuant to 5 U.S.C.
552a(k)(2) from the following provisions
of the Privacy Act, subject to the
limitations set forth in that subsection
and to the limitation in 42 U.S.C.
653(b)(2): 5 U.S.C. 552a(c)(3) and (d).
RECORD ACCESS PROCEDURES:
[FR Doc. 2010–33295 Filed 1–4–11; 8:45 am]
Individuals seeking access to a record
about themselves in this system of
records should address written inquiries
to the System Manager. The request
should include the name, telephone
number and/or email address, SSN, and
address of the individual, and should be
signed by the individual to whom such
information pertains. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5.
BILLING CODE 4184–42–P
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about themselves in this system of
records should address the request for
amendment to the System Manager. The
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2010–D–0634]
Draft Guidance for Industry and Food
and Drug Administration Staff;
Establishing the Performance
Characteristics of Nucleic Acid-Based
In Vitro Diagnostic Devices for the
Detection and Differentiation of
Methicillin-Resistant Staphylococcus
aureus and Staphylococcus aureus;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
E:\FR\FM\05JAN1.SGM
Notice.
05JAN1
Agencies
[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 560-569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33295]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Office of Child Support Enforcement Privacy Act of 1974; System
of Records
AGENCY: Office of Child Support Enforcement, ACF, HHS.
ACTION: Notice of the rescission, establishment, and amendment of
systems of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of 1974
(5 U.S.C. 552a), as amended, the Office of Child Support Enforcement
(OCSE) is publishing notice that it will rescind a notice of a system
of records entitled ``Location and Collection System,'' 09-90-0074,
establish two new systems of records entitled ``OCSE National Directory
of New Hires'' and ``OCSE Debtor File,'' and amend an existing system
of records entitled ``OCSE Federal Case Registry of Child Support
Orders.''
DATES: The Department of Health and Human Services (HHS) invites
interested parties to submit written comments on the proposed
rescission, establishment and amendment to its systems of records
notices until February 4, 2011. As required by the Privacy Act (5
U.S.C. 552a(r)), HHS on December 22, 2010 sent reports of the
establishment of new systems of records (which included the proposed
rescission of an existing system) and an amendment of a system of
records to the Committee on Homeland Security and 22 Governmental
Affairs of the Senate, the Committee on Oversight and Government Reform
of the House of Representatives and the Office of Information and
Regulatory Affairs of the Office of Management and Budget (OMB). The
proposed rescission, establishment and amendment described in this
notice is effective on February 4, 2011, unless HHS receives comments
which result in a contrary determination.
ADDRESSES: Interested parties may submit written comment on this notice
by writing to Linda Deimeke, Director, Division of Federal Systems,
Office of Automation and Program Operations, Office of Child Support
Enforcement, Administration for Children and Families, 370 L'Enfant
Promenade, SW., 4th Floor East, Washington, DC 20447. Comments received
will be available for public inspection at this address from 9 a.m. to
5 p.m. ET, Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Linda Deimeke, Director, Division of
Federal Systems, Office of Automation and Program Operations, Office of
Child Support Enforcement, Administration for Children and Families,
370 L'Enfant Promenade, SW., 4th Floor East, Washington, DC 20447,
(202) 401-5439.
SUPPLEMENTARY INFORMATION: OCSE's system of records, Location and
Collection System (LCS), 09-90-0074, last published at 72 FR 51446
(September 7, 2007), currently maintains the records of the National
Directory of New Hires database and the Offset File database. By this
notice, OCSE proposes to rescind the notice of the LCS system of
records and to separate the NDNH and Offset databases by establishing
two new systems of records, the National Directory of New Hires (NDNH),
No. 09-80-0381 and the Debtor File, No. 09-80-0383. The NDNH system of
records will maintain records currently held in the LCS' NDNH database
and the Debtor File will maintain records currently held in the LCS'
Offset File database. The separation and redesignation of LCS records
is intended to more accurately reflect the purposes for which the
records in the system may be used. OCSE also proposes to amend the
notice of its system of records, the Federal Case Registry of Child
Support Orders (FCR), No. 09-80-0202, last published at 73 FR 20306
(April 15, 2008). A Notice of Proposed Rulemaking to be published in
the Federal Register for public comment
[[Page 561]]
will request an exemption for the FCR from the provisions of the
Privacy Act based on section (k)(2) of the Privacy Act. (5 U.S.C.
552a(k)(2)). The exemption for the FCR will be effective 30 days after
publication of the final rule establishing the exemption.
Dated: December 16, 2010.
Vicki Turetsky,
Commissioner, Office of Child Support Enforcement.
System number:
09-80-0381. This system was formerly part of OCSE Location and
Collection System HHS, OCSE (09-90-0074).
System name:
OCSE National Directory of New Hires (NDNH) HHS/ACF/OCSE.
Security classification:
None.
System location:
National Computer Center, Social Security Administration,
Baltimore, MD 21235.
Categories of individuals covered by the system:
1. Individuals who are newly hired ``employees'' within the meaning
of chapter 24 of the Internal Revenue Code of 1986, 26 U.S.C. 3401,
whose employers have furnished specified information to a State
Directory of New Hires which, in turn, has furnished such information
to the National Directory of New Hires pursuant to 42 U.S.C.
653a(g)(2)(A);
2. Individuals who are Federal government employees whose employers
have furnished specified information to the National Directory of New
Hires pursuant to 42 U.S.C. 653(n). This category does not including
individuals who are employees of a department, agency, or
instrumentality performing intelligence or counterintelligence
functions, if the head of such department, agency, or instrumentality
has determined that filing such a report could endanger the safety of
the employee or compromise an ongoing investigation or intelligence
mission; and
3. Individuals to whom unemployment compensation or wages have been
paid and about whom the State Directory of New Hires has furnished such
information to the National Directory of New Hires pursuant to 42
U.S.C. 653a(g)(2)(B).
Categories of records in the system:
1. Records pertaining to newly hired employees furnished by a State
Directory of New Hires pursuant to 42 U.S.C. 653a(g)(2)(A). Records in
the system are the name, address, and Social Security number (SSN) of
the employee, the name, address and Federal identification number of
the employer of such employee and, at the option of the State, the date
of birth, date of hire or State of hire of the employee.
2. Records pertaining to newly hired employees furnished by a
Federal department, agency or instrumentality pursuant to 42 U.S.C.
653a(b)(1)(C). Records in the system are the name, address and SSN of
the employee and the name, address and the employer identification
number of the employer.
3. Records furnished by a State Directory of New Hires pertaining
to wages and unemployment compensation paid to individuals pursuant to
42 U.S.C. 653a(g)(2)(B).
4. Records furnished by a Federal department, agency, or
instrumentality pertaining to wages paid to individuals pursuant to 42
U.S.C. 653(n).
Authority for maintenance of the system:
42 U.S.C. 653(i).
Purposes:
The Office of Child Support Enforcement (OCSE) uses the NDNH
primarily to assist States administering programs that improve States'
abilities to locate parents, establish paternity, and collect child
support. The NDNH is also used to support other programs as specified
in sections 453 and 463 of the Social Security Act (42 U.S.C. 653,
663): Temporary Assistance for Needy Families; child and family
services; foster care and adoption assistance; establishing or
verifying eligibility of applicants for, or beneficiaries of benefit
programs; recouping payments or delinquent debts under benefit
programs; and for certain research purposes likely to contribute to
achieving the purposes of the Temporary Assistance for Needy Families
(TANF) or the Federal/State child support program.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These routine uses specify circumstances under which ACF may
disclose information from this system of records without the consent of
the data subject. Each proposed disclosure of information under these
routine uses will be evaluated to ensure that the disclosure is legally
permissible, including but not limited to ensuring that the purpose of
the disclosure is compatible with the purpose for which the information
was collected.
Any information defined as ``return'' or ``return information''
under 26 U.S.C. 6103 (Internal Revenue Code) will not be disclosed
unless authorized by a statute, the Internal Revenue Service (IRS) or
IRS regulations.
1. Disclosure for Child Support Purposes
Pursuant to 42 U.S.C. 653(a)(2), 653(b)(1)(A) and 653(c),
information about the location of an individual or information that
would facilitate the discovery of the location of an individual or
identifying information about the individual may be disclosed, upon
request filed in accordance with law, to an ``authorized person'' for
the purpose of establishing parentage or establishing, setting the
amount of, modifying or enforcing child support obligations. Other
information that may be disclosed is information about an individual's
wages (or other income) from, and benefits of, employment, and
information on the type, status, location, and amount of any assets of,
or debts owed by or to, the individual. An ``authorized person'' is
defined under 42 U.S.C. 653(c) as follows: (1) Any agent or attorney of
a State who has a duty or authority to seek or recover any amounts owed
as child and spousal support or to seek to enforce orders providing
child custody or visitation rights; (2) a court which has authority to
issue an order against a noncustodial parent for support of a child, or
to issue an order against a resident parent for child custody or
visitation rights, or any agent of such court; (3) the resident parent,
legal guardian, attorney, or agent of a child that is not receiving
assistance under a State program funded under title IV-A of the Social
Security Act (Temporary Assistance to for Needy Families); and (4) a
State agency that is administering a program operated under title IV-B
(child and family services programs) or IV-E (Foster Care and Adoption
Assistance programs) of the Social Security Act.
2. Disclosure for Purposes Related to the Unlawful Taking or
Restraint of a Child or Child Custody or Visitation
Pursuant to 42 U.S.C. 653(b)(1)(A), upon request of an ``authorized
person,'' as defined in 42 U.S.C. 663(d)(2), information as to the most
recent address and place of employment of a parent or child may be
disclosed for the purpose of enforcing any 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.
3. Disclosure to Department of State under International Child
Abduction Remedies Act
[[Page 562]]
Pursuant to 42 U.S.C. 663(e), the most recent address and place of
employment of a parent or child may be disclosed upon request to the
Department of State, in its capacity as the Central Authority
designated in accordance with section 7 of the International Child
Abduction Remedies Act, 42 U.S.C. 11601 et seq., for the purpose of
locating the parent or child on behalf of an applicant.
4. Disclosure to a Foreign Reciprocating Country for Child Support
Purposes
Pursuant to 42 U.S.C. 659a(c)(2), information on the State of
residence of an individual sought for support enforcement purposes in
cases involving residents of the United States and residents of foreign
countries that are the subject of a declaration may be disclosed to a
foreign reciprocating country.
5. Disclosure to the Treasury for Tax Administration Purposes
Pursuant to 42 U.S.C. 653(i)(3), information may be disclosed to
the Secretary of the Treasury for purposes of administering 26 U.S.C.
32 (earned income tax credit), administering 26 U.S.C. 3507 (advance
payment of earned income tax credit) or verifying a claim with respect
to employment in a tax return.
6. Disclosure to the Social Security Administration for
Verification
Pursuant to 42 U.S.C. 653(j)(1), the names, SSNs, and birth dates
of individuals about whom information is maintained may be disclosed to
the Social Security Administration to the extent necessary for
verification of the information by the Social Security Administration.
7. Disclosure for Locating an Individual for Paternity
Establishment or in Connection with a Support Order
Pursuant to 42 U.S.C. 653(j)(2), the results of a comparison
between records in this system and the Federal Case Registry of Child
Support Orders may be disclosed to the State IV-D child support
enforcement agency responsible for the case for the purpose of locating
an individual in a paternity establishment case or a case involving the
establishment, modification or enforcement of a support order.
8. Disclosure to State Agencies Operating Specified Programs
Pursuant to 42 U.S.C. 653(j)(3), information may be disclosed to a
State to the extent and with the frequency that the Secretary
determines to be effective in assisting the State to carry out its
responsibilities under child support programs operated under 42 U.S.C.
651 through 669b (Title IV-D of the Social Security Act, Child Support
and Establishment of Paternity), child and family services programs
operated under 42 U.S.C. 621 through 639 (Title IV-B of the Social
Security Act), Foster Care and Adoption Assistance programs operated
under 42 U.S.C. 670 through 679A (Title IV-E of the Social Security
Act) and assistance programs funded under 42 U.S.C. 601 through 619
(Title IV-A of the Social Security Act, Temporary Assistance for Needy
Families).
9. Disclosure to the Commissioner of Social Security
Pursuant to 42 U.S.C. 653(j)(4), information may be disclosed to
the Commissioner of Social Security for the purpose of verifying
eligibility for Social Security Administration programs and
administering such programs.
10. Disclosure for Authorized Research Purposes
Pursuant to 42 U.S.C. 653(j)(5), data in the NDNH, including
information reported by employers pursuant to 42 U.S.C. 653a(b), may be
disclosed, without personal identifiers, for research purposes found by
the Secretary to be likely to contribute to achieving the purposes of
42 U.S.C. 651 through 669b (Title IV-D of the Social Security Act,
Child Support and Establishment of Paternity) and 42 U.S.C. 601 through
619 (Title IV-A of the Social Security Act, Temporary Assistance for
Needy Families).
11. Disclosure to Secretary of Education for Collection of
Defaulted Student Loans
Pursuant to 42 U.S.C. 653(j)(6), the results of a comparison of
information in this system with information in the custody of the
Secretary of Education may be disclosed to the Secretary of Education
for the purpose of collection of debts owed on defaulted student loans,
or refunds on overpayments of grants, made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq. and 42 U.S.C. 2751 et
seq.) and, after removal of personal identifiers, for the purpose of
conducting analyses of student loan defaults.
12. Disclosure to Secretary of Housing and Urban Development for
Verification Purposes
Pursuant to 42 U.S.C. 653(j)(7), information regarding an
individual participating in a housing assistance program (United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.); 12 U.S.C. 1701s, 1701q,
1715l(d)(3), 1715l(d)(5), 1715z-1; or 42 U.S.C. 8013) may be disclosed
to the Secretary of Housing and Urban Development for the purpose of
verifying the employment and income of the individual and, after
removal of personal identifiers, for the purpose of conducting analyses
of the employment and income reporting of such individuals.
13. Disclosure to State Unemployment Compensation Agency for
Program Purposes
Pursuant to 42 U.S.C. 653(j)(8), information on an individual for
whom a State agency administering an unemployment compensation program
under Federal or State law has furnished the name and Social Security
number, and information on such individual's employer, may be disclosed
to the State agency for the purposes of administering the unemployment
compensation program.
14. Disclosure to Secretary of the Treasury for Debt Collection
Purposes
Pursuant to 42 U.S.C. 653(j)(9), information pertaining to a person
who owes the United States delinquent nontax debt and whose debt has
been referred to the Secretary of the Treasury in accordance with 31
U.S.C. 3711(g), may be disclosed to the Secretary of the Treasury for
purposes of collecting the debt.
15. Disclosure to State Agency for Food Stamp Program Purposes
Pursuant to 42 U.S.C. 653(j)(10), information on an individual and
the individual's employer may be disclosed to a State agency
responsible for administering a supplemental nutrition assistance
program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) for the purposes of administering the program.
16. Disclosure to the Secretary of Veterans Affairs for
Verification Purposes
Pursuant to 42 U.S.C. 653(j)(11), information about an individual
applying for or receiving the following benefits, compensation or
services may be disclosed to the Secretary of Veterans Affairs for the
purpose of verifying the employment and income of the individual and,
after removal of personal identifiers, to conduct analyses of the
employment and income reporting of such individuals: (i) Needs-based
pension benefits provided under 38 U.S.C. chapter 15, or under any
other law administered by the Secretary of Veterans Affairs; (ii)
parents' dependency and indemnity compensation provided under 38 U.S.C.
1315; (iii) health care services furnished under subsections 38 U.S.C.
1710(a)(2)(G), (a)(3), (b); or (iv) compensation paid under 38 U.S.C.
chapter 11, at the 100 percent rate based solely on unemployability and
without regard to the fact that the disability or disabilities are not
rated as 100 percent disabling under the rating schedule.
17. Disclosure for Law Enforcement Purpose
[[Page 563]]
Records may be disclosed to the appropriate Federal, State, local,
tribal, or foreign agency responsible for identifying, investigating,
prosecuting, enforcing or implementing a statute, rule, regulation or
order, if the information is relevant to a violation or potential
violation of civil or criminal law or regulation within the
jurisdiction of the receiving entity.
18. Disclosure to Department of Justice
Records may be disclosed to support the Department of Justice when:
(1) HHS, or any component thereof; or (2) any employee of HHS in his or
her official capacity; or (3) any employee of HHS in his or her
individual capacity where the Department of Justice or HHS has agreed
to represent the employee; or (4) the United States is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice is deemed by HHS to be relevant
and necessary to the litigation; provided, however, that in each case
it has been determined that the disclosure is compatible with the
purpose for which the records were collected.
19. Disclosure to Court or Adjudicative Body
Records may be disclosed to a court or adjudicative body when: (1)
HHS, or any component thereof; or (2) any employee of HHS in his or her
official capacity; or (3) any employee of HHS in his or her individual
capacity where the Department of Justice or HHS has agreed to represent
the employee; or (4) the United States is a party to litigation or has
an interest in such litigation, and the use of such records is deemed
by HHS to be relevant and necessary to the litigation; provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
20. Disclosure to Contractor to Perform Duties
Records may be disclosed to a contractor performing or working on a
contract for HHS and who has a need to have access to the information
in the performance of its duties or activities for HHS in accordance
with law and with the contract.
21. Disclosure in the Event of a Security Breach
Records may be disclosed to appropriate Federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
maintained in this system of records and the information disclosed is
relevant and necessary for that assistance.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
Records in the NDNH are stored electronically at the Social
Security Administration's National Computer Center. Historical logs and
system backups are stored off-site at an alternate location.
Retrievability:
Records maintained in the NDNH are retrieved by the SSN of the
individual to whom the record pertains.
Safeguards:
Specific administrative, technical and physical controls are in
place to ensure that the records collected and maintained in the NDNH
are secure from unauthorized access.
Access to the records is restricted to authorized personnel who are
advised of the confidentiality of the records and the civil and
criminal penalties for misuse and who sign a nondisclosure oath to that
effect. Personnel are provided privacy and security training before
being granted access to the records and annually thereafter.
Logical access controls are in place to limit access to the records
to authorized personnel and to prevent browsing. The records are
processed and stored in a secure environment.
All records are stored in an area that is physically safe from
access by unauthorized persons at all times.
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and disposal:
Records maintained in the NDNH are retained for 24 months after the
date of entry and then deleted from the database pursuant to 42 U.S.C.
653(i)(2)(A). In accordance with 42 U.S.C. 653(i)(2)(B), OCSE shall not
have access for child support enforcement purposes to quarterly wage
and unemployment insurance information in the NDNH if 12 months have
elapsed since the information is provided by a State Directory of New
Hires pursuant to 42 U.S.C. 653A(g)(2)(B) and there has not been a
match resulting from the use of such information in any information
comparison. Notwithstanding these retention and disposal requirements,
OCSE may retain such samples of data entered into the NDNH as OCSE may
find necessary to assist in carrying out its responsibility to provide
access to data in the NDNH for research purposes found by OCSE to be
likely to contribute to achieving the purposes of Part A or Part D of
Title IV of the Act, but without personal identifiers, pursuant to 42
U.S.C. 653(i)(2)(C), (j)(5). Samples are retained only so long as
necessary to complete such research.
System manager and address:
Director, Division of Federal Systems, Office of Automation and
Program Operations, Office of Child Support Enforcement, Administration
for Children and Families, 370 L'Enfant Promenade, 4th Floor East, SW.,
Washington, DC 20447.
Notification procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, SSN, and address of the individual, and
the request must be signed by the individual to whom such information
pertains. The requester's letter must provide sufficient particulars to
enable the System Manager to distinguish between records on subject
individuals with the same name. Verification of identity as described
in HHS's Privacy Act regulations may be required. 45 CFR 5b.5.
Record access procedures:
Individuals seeking access to a record about themselves in this
system of records should address written inquiries to the System
Manager. The request should include the name, telephone number and/or
email address, SSN, and address of the individual, and should be signed
by the individual to whom such information pertains. The requester's
letter must provide sufficient particulars to enable the System Manager
to distinguish between records on subject individuals with the same
name. Verification of identity as described in HHS's Privacy Act
regulations may be required. 45 CFR 5b.5.
Contesting record procedures:
Individuals seeking to amend a record about themselves in this
system of records should address the request for amendment to the
System Manager. The request should (1) Include the name, telephone
number and/or email address, SSN, and address of the individual, and
should be signed; (2) identify the system of records that the
individual believes includes his or her records or otherwise
[[Page 564]]
provide enough information to enable the identification of the
individual's record; (3) identify the information that the individual
believes is not accurate, relevant, timely, or complete; (4) indicate
what corrective action is sought; and (5) include supporting
justification or documentation for the requested amendment.
Verification of identity as described in HHS's Privacy Act regulations
may be required. 45 CFR 5b.5.
Record source categories:
Information is obtained from departments, agencies, or
instrumentalities of the United States or any State.
Exemptions claimed for the system:
None.
System number:
09-80-0383. This system was formerly part of OCSE Location and
Collection System HHS, OCSE (09-90-0074).
System name:
OCSE Debtor File HHS/ACF/OCSE.
Security classification:
None.
System location:
National Computer Center, Social Security Administration,
Baltimore, MD 21235.
Categories of individuals covered by the system:
Individuals owing past-due child support, as reported by a State
agency administering a child support enforcement program pursuant to 42
U.S.C. 651 through 669b (Title IV, Part D, of the Social Security Act).
Categories of records in the system:
1. Records pertaining to individuals owing past-due child support,
as indicated by a State agency administering a child support
enforcement program. Categories of records in the system are the name
and Social Security number (SSN) of such individual, the amount of
past-due child support owed by the individual, adjustments to such
amount, information on each enforcement remedy applicable to the
individual to whom the record pertains, as indicated by a State IV-D
child support agency; the amount of past-due support collected as a
result of each such remedy; and a history of updates by the State
agency to the records.
2. Records of the results of a comparison between records in the
Debtor File pertaining to individuals owing past-due child support and
information maintained by the Secretary of the Treasury concerning the
following amounts payable to such individuals: refunds of Federal
taxes; salary, wage and retirement benefits; vendor payments and
expense reimbursement payments and travel payments;
3. Records of the results of a comparison between records in the
Debtor File pertaining to individuals owing past-due child support and
information provided by financial institutions doing business in two or
more States, including the name, record address, SSN, or other
identifying number of each such individual and information about any
account held by the individual and maintained at such institution; and
4. Records of the results of a comparison between records in the
Debtor File pertaining to individuals owing past-due child support and
information maintained by insurers (or their agents) concerning
insurance claims, settlements, awards, and payments to collect past-due
child support from those sources.
Authority for maintenance of the system:
42 U.S.C. 652, 653 and 664.
Purposes:
The primary purpose of the Debtor File is to improve States'
abilities to collect past-due child support by identifying sources of
income and assets of individuals owing past-due child support. The
Debtor File facilitates OCSE's execution of its responsibility to
perform the following duties: assisting the Department of State with
respect to denial, revocation or limitation of passports of individuals
owing arrearages of child support in an amount exceeding $2,500
pursuant to 42 U.S.C. 652(k)(1); through the Federal Parent Locator
Service (FPLS), to aid State IV-D agencies and financial institutions
doing business in two or more States to identify sources of income at
financial institutions for individuals owing past-due child support
pursuant to 42 U.S.C. 652(l). (See also 42 U.S.C. 666(a)(17)(A)(i));
through the FPLS, to compare information regarding individuals owing
past-due support with specified information maintained by insurers (or
their agents) and furnish information resulting from the data matches
to the State agencies responsible for collecting child support from the
individuals pursuant to 42 U.S.C. 652(l) (to be redesignated 652(m));
to assist the Secretary of the Treasury in withholding from refunds of
Federal taxes paid an amount owed by an individual owing past-due child
support pursuant to 42 U.S.C. 664; and to assist State IV-D child
support enforcement agencies in the collection of past-due child
support through the administrative offset of certain Federal payments
pursuant to the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134), Executive Order 13019, and 31 CFR 285. OCSE operates the FPLS
pursuant to 42 U.S.C. 652(a)(9), and 42 U.S.C. 653(a)(1).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These routine uses specify circumstances under which ACF may
disclose information from this system of records without the consent of
the data subject. Each proposed disclosure of information under these
routine uses will be evaluated to ensure that the disclosure is legally
permissible, including but not limited to ensuring that the purpose of
the disclosure is compatible with the purpose for which the information
was collected.
Any information defined as ``return'' or ``return information''
under 26 U.S.C. 6103 (Internal Revenue Code) will not be disclosed
unless authorized by a statute, the Internal Revenue Service (IRS) or
IRS regulations.
1. Disclosure to the Treasury to Withhold Past-Due Support
Pursuant to 42 U.S.C. 664 and the Debt Collection Improvement Act
of 1996 (Pub. L. 104-134), information pertaining to an individual
owing past-due child support may be disclosed to the Secretary of the
Treasury for the purpose of withholding the past-due support from
amounts payable as refunds of Federal taxes; salary, wage and
retirement payments; vendor payments; and expense reimbursement
payments and travel payments.
2. Disclosure to State Department for Passport Purposes
Pursuant to 42 U.S.C. 652(k), information pertaining to an
individual owing past-due child support in a specified amount, as
certified by a State child support enforcement agency, may be disclosed
to the Secretary of State for the purpose of revoking, restricting,
limiting, or denying a passport to the individual.
3. Disclosure to Financial Institution to Collect Past-Due Support
Pursuant to 42 U.S.C. 652(l), information pertaining to an
individual owing past-due child support may be disclosed to a financial
institution doing business in two or more States to identify an
individual who maintains an account at the institution for the purpose
of collecting past-due support.
[[Page 565]]
4. Disclosure to Insurer To Collect Past-Due Support
Pursuant to 42 U.S.C. 652(l) (to be redesignated (m)), information
pertaining to an individual owing past-due child support may be
disclosed to an insurer (or its agent) to identify an individual with
an insurance claim, settlement, award or payment for the purpose of
collecting past-due support.
5. Disclosure to State Child Support Enforcement Agency of
Comparison Information for Assistance in Collecting Past-Due Support
Pursuant to 42 U.S.C. 664 and the Debt Collection Improvement Act
1996 (Pub. L. 104-134), the results of a comparison of information
pertaining to an individual owing past-due child support and
information maintained by the Secretary of Treasury pertaining to
amounts payable to the individual for refunds of Federal taxes; salary,
wage and retirement benefits; vendor payments; expense reimbursement
payments; or travel payments may be disclosed to a State IV-D child
support agency for the purpose of assisting State agencies in
collecting past-due support.
5. Disclosure to Multistate Financial Institution for Assistance in
Collecting Past-Due Support
Pursuant to 42 U.S.C. 652(l), the results of a comparison between
information pertaining to an individual owing past-due child support
and information on account holders provided by multistate financial
institutions may be disclosed to a State child support agency for the
purpose of assisting State agencies in collecting past-due support.
7. Disclosure of Insurance Information to State Child Support
Enforcement Agency for Assistance in Collecting Past-Due Support
Pursuant to 42 U.S.C. 652(l) (to be redesignated subsection(m)),
the results of a comparison between information pertaining to an
individual owing past-due child support and information maintained by
an insurer (or its agent) concerning insurance claims, settlements,
awards, and payments may be disclosed to a State IV-D child support
agency for the purpose of assisting State agencies in collecting past-
due support.
8. Disclosure for Law Enforcement Purpose
Records may be disclosed to the appropriate Federal, State, local,
tribal, or foreign agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, if
the information is relevant to a violation or potential violation of
civil or criminal law or regulation within the jurisdiction of the
receiving entity.
9. Disclosure to Department of Justice
Records may be disclosed to support the Department of Justice when:
(1) HHS, or any component thereof; or (2) any employee of HHS in his or
her official capacity; or (3) any employee of HHS in his or her
individual capacity where the Department of Justice or HHS has agreed
to represent the employee; or (4) the United States is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice is deemed by HHS to be relevant
and necessary to the litigation; provided, however, that in each case
it has been determined that the disclosure is compatible with the
purpose for which the records were collected.
10. Disclosure to Court or Adjudicative Body
Records may be disclosed to a court or adjudicative body when: (1)
HHS, or any component thereof; or (2) any employee of HHS in his or her
official capacity; or (3) any employee of HHS in his or her individual
capacity where the Department of Justice or HHS has agreed to represent
the employee; or (4) the United States is a party to litigation or has
an interest in such litigation, and the use of such records deemed by
HHS to be relevant and necessary to the litigation; provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
11. Disclosure to Contractor to Perform Duties
Records may be disclosed to a contractor performing or working on a
contract for HHS and who has a need to have access to the information
in the performance of their duties or activities for HHS in accordance
with law and with the contract.
12. Disclosure in the Event of a Security Breach
Records may be disclosed to appropriate Federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
maintained in this system of records and the information disclosed is
relevant and necessary for that assistance.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
Records in the Debtor File are stored electronically at the Social
Security Administration's National Computer Center. Historical logs and
system backups are stored off-site at an alternate location.
Retrievability:
Records maintained in the Debtor File are retrieved by the SSN of
the individual to whom the record pertains; provided, however, that for
the purpose of comparing information in the Debtor File with
information maintained by insurers (or their agents) concerning
insurance claims, settlements, awards and payments, records in the
Debtor File may be retrieved by the name of the individual and either
the date of birth or the address of the individual.
Safeguards:
Specific administrative, technical, and physical controls are in
place to ensure that the records collected and maintained in the Debtor
File are secure from unauthorized access.
Access to the records is restricted to authorized personnel who are
advised of the confidentiality of the records and the civil and
criminal penalties for misuse and who sign a nondisclosure oath to that
effect. Personnel are provided privacy and security training before
being granted access to the records and annually thereafter.
Logical access controls are in place to limit access to the records
to authorized personnel and to prevent browsing. The records are
processed and stored in a secure environment.
All records are stored in an area that is physically safe from
access by unauthorized persons at all times.
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and disposal:
Records maintained in the Debtor File are retained until the IV-D
child support case is in deleted status and there has been no activity
on the case for seven years and are then deleted. Records resulting
from a comparison between the Debtor File and both records maintained
by a financial institution doing business in two or more States and
records maintained by an insurer (or its agent) concerning insurance
claims, settlements, awards and payments, are retained for one year and
are then deleted; provided, however, that after removal of personal
[[Page 566]]
identifiers, the results of a comparison may be retained for such
period necessary to conduct analyses for the purpose of estimating
potential collections of past-due support by State child support
agencies and are then deleted. If an extract from the Debtor File is
disclosed for a routine use to an authorized user, including the
Secretary of the Treasury for the purpose of withholding past-due
support from amounts payable as refunds of Federal taxes or specified
payments, a copy of the extract is retained for one year and is then
deleted.
System manager and address:
Director, Division of Federal Systems, Office of Automation and
Program Operations, Office of Child Support Enforcement, Administration
for Children and Families, Department of Health and Human Services, 370
L'Enfant Promenade, 4th Floor East, SW., Washington, DC 20447.
Notification procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, SSN, and address of the individual, and
the request must be signed by the individual to whom such information
pertains. The requester's letter must provide sufficient particulars to
enable the System Manager to distinguish between records on subject
individuals with the same name. Verification of identity as described
in HHS's Privacy Act regulations may be required. 45 CFR 5b.5.
Record access procedures:
Individuals seeking access to a record about themselves in this
system of records should address written inquiries to the System
Manager. The request should include the name, telephone number and/or
email address, SSN, and address of the individual, and should be signed
by the individual to whom such information pertains. The requester's
letter must provide sufficient particulars to enable the System Manager
to distinguish between records on subject individuals with the same
name. Verification of identity as described in HHS's Privacy Act
regulations may be required. 45 CFR 5b.5.
Contesting record procedures:
Individuals seeking to amend a record about themselves in this
system of records should address the request for amendment to the
System Manager. The request should (1) include the name, telephone
number and/or e-mail address, SSN, and address of the individual, and
should be signed; (2) identify the system of records that the
individual believes includes his or her records or otherwise provide
enough information to enable the identification of the individual's
record; (3) identify the information that the individual believes in
not accurate, relevant, timely, or complete; (4) indicate what
corrective action is sought; and (5) include supporting justification
or documentation for the requested amendment. Verification of identity
as described in HHS's Privacy Act regulations may be required. 45 CFR
5b.5.
Record source categories:
Information is obtained from departments, agencies, or
instrumentalities of the United States or any State and from multistate
financial institutions and insurers (or their agents).
Exemptions claimed for the system:
None.
System Number:
09-80-0202.
System Name:
OCSE Federal Case Registry of Child Support Orders (FCR) HHS/ACF/
OCSE.
Security Classification:
None.
System Location:
National Computer Center, Social Security Administration,
Baltimore, Maryland 21235.
Categories of Individuals Covered by the System:
Individuals involved in child support cases in which services are
being provided by the State IV-D child support agencies, and/or
individuals who are subject to child support orders established or
modified on or after October 1, 1998, and the children of such
individuals.
Categories of Records in the System:
The FCR collects and maintains records provided by State child
support registries. These records include abstracts of support orders
and information from child support cases. The records may include the
following information: name, Social Security number (SSN), State case
identification number, State Federal Information Processing Standard
(FIPS) code, county code, case type (cases in which services are being
provided by the State child support agencies under Title IV-D of the
Social Security Act and those cases in which services are not being
provided by the State child support agencies), sex, date of birth,
mother's maiden name, father's name, participant type (custodial party,
noncustodial parent, putative father, child), family violence indicator
(domestic violence or child abuse), indication of whether a child
support or paternity order is in effect, purpose of request, source of
location information. These records are maintained within the FCR and
are regularly compared (matched) to the National Directory of New Hires
(NDNH) and other Federal agencies' databases to locate information for
the State child support agencies or other authorized persons.
The records disseminated, depending upon the requestor's specific
authority, may include information retrieved from the FCR, from the
NDNH, or from other Federal agencies. Records from the NDNH and other
agencies disseminated through the FCR may include categories of
information such as name, SSN, address, phone number, employer,
employment status and wages, retirement status and pay, assets,
military status and pay, Federal benefits status and amount,
representative payees, unemployment status and amount, children's
health insurance, incarceration status, financial institution accounts,
assets, and date of death. The FCR also contains information related to
those categories of records; for example, the date of receipt of
Federal benefits.
The FCR also maintains: (1) Records (logs) of transactions
involving the receipt of locate requests and the dissemination of
requested information; (2) copies of the disseminated information for
audit purposes; and (3) copies of certain disseminated locate
information for the purpose of electronically filtering and suppressing
the transmission of redundant locate information.
Authority for Maintenance of the System:
42 U.S.C. 653(h), 652(a)(9), 653(a)(1).
Purposes:
The Office of Child Support Enforcement (OCSE) uses the FCR
primarily to assist States in administering programs under 42 U.S.C.
651 to 669b (Title IV-D of the Social Security Act, Child Support and
Establishment of Paternity) to improve States' abilities to locate
parents and collect child support. OCSE is required to compare records
transmitted to or maintained within the FCR to records maintained
within the NDNH and other Federal agencies' databases and
[[Page 567]]
discloses information about the individuals within the records to State
child support agencies or other authorized persons. The information
assists State child support agencies or other authorized persons by
locating individuals and their employment and asset information who are
involved in child support cases. The FCR also conducts FCR to FCR
comparisons to locate information about individuals who are involved in
child support cases in more than one State and provides the information
to those States. Additional purposes of the FCR are specified in
sections 453 and 463 of the Social Security Act (42 U.S.C. 653, 663 and
include assisting States in administering programs under 42 U.S.C. 601
to 619 (Title IV-A of the Social Security Act, Temporary Assistance for
Needy Families); assisting States in carrying out their
responsibilities under child and family services programs operated
under 42 U.S.C. 621 through 639 (Title IV-B of the Social Security
Act), Foster Care and Adoption Assistance programs operated under 42
U.S.C. 670 through 679A (Title IV-E of the Social Security Act);
providing locate information (State of residence) pertaining to
individuals sought pursuant to the Convention on the Civil Aspects of
International Child Abduction to authorized persons in a Central
Authority; to assist the Attorney General of the United States in
locating any parent or child for the purpose of enforcing 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; and to assist the Secretary of the Treasury in
administering the sections of the Internal Revenue Code of 1986 which
grant tax benefits based on support or residence of children. FCR
records may also be disclosed for research purposes likely to
contribute to achieving the purposes of the Temporary Assistance for
Needy Families (TANF) or the Federal/State child support program.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purpose of Such Uses:
These routine uses specify circumstances under which ACF may
disclose information from this system of records without the consent of
the data subject. Each proposed disclosure of information under these
routine uses will be evaluated to ensure that the disclosure is legally
permissible, including but not limited to ensuring that the purpose of
the disclosure is compatible with the purpose for which the information
was collected.
If any record contains a ``family violence indicator'' associated
to the record by State child support agencies if there is reasonable
evidence of domestic violence or child abuse, and that disclosure could
be harmful to the party or the child, the record may only be disclosed
as determined by a court as provided in 42 U.S.C. 653(b)(2).
Any information defined as ``return'' or ``return information''
under 26 U.S.C. 6103 (Internal Revenue Code) will not be disclosed
unless authorized by a statute, the Internal Revenue Service (IRS) or
IRS regulations.
1. Disclosure for Child Support Purposes
Pursuant to 42 U.S.C. 653(a)(2), 653(b)(1)(A), and 653 (c),
information about the location of an individual or information that
would facilitate the discovery of the location of an individual may be
disclosed, upon request filed in accordance with law, to an
``authorized person'' for the purpose of establishing parentage or
establishing, setting the amount of, modifying or enforcing child
support obligations. Information disclosed may include information
about an individual's wages (or other income) from, and benefits of,
employment, and information on the type, status, location, and amount
of any assets of, or debts owed by or to, the individual. An
``authorized person'' is defined under 42 U.S.C. 653(c) as follows: (1)
Any agent or attorney of a State who has a duty or authority to seek or
recover any amounts owed as child and spousal support or to seek to
enforce orders providing child custody or visitation rights; (2) a
court which has authority to issue an order against a noncustodial
parent for support of a child, or to issue an order against a resident
parent for child custody or visitation rights, or any agent of such
court; (3) the resident parent, legal guardian, attorney, or agent of a
child that is not receiving assistance under a State program funded
under title IV-A of the Social Security Act (Temporary Assistance to/
for Needy Families); and (4) a State agency that is administering a
program operated under title IV-B (child and family services programs)
or IV-E (Foster Care and Adoption Assistance programs) of the Social
Security Act.
2. Disclosure to any Department, Agency, or Instrumentality of the
United States or of any State to Locate an Individual or Information
Pertaining to an Individual
Pursuant to 42 U.S.C. 653(e)(1), information from the FCR (names
and SSNs) may be disclosed to any department, agency, or
instrumentality of the United States or of any State in order to obtain
information for an ``authorized person'' as defined in 42 U.S.C. 653(c)
which pertains to an individual's location, wages (or other income)
from, and benefits of, employment (including rights to or enrollment in
group health care coverage); on the type, status, location, and amount
of any assets of, or debts owed by or to, the individual. An
``authorized person'' is defined under 42 U.S.C. 653(c) as follows: (1)
Any agent or attorney of a State who has a duty or authority to seek or
recover any amounts owed as child and spousal support or to seek to
enforce orders providing child custody or visitation rights; (2) a
court which has authority to issue an order against a noncustodial
parent for support of a child, or to issue an order against a resident
parent for child custody or visitation rights, or any agent of such
court; (3) the resident parent, legal guardian, attorney, or agent of a
child that is not receiving assistance under a State program funded
under title IV-A of the Social Security Act (Temporary Assistance to
for Needy Families); and (4) a State agency that is administering a
program operated under title IV-B (child and family services programs)
or IV-E (Foster Care and Adoption Assistance programs) of the Social
Security Act.
3. Disclosure for Purposes Related to the Unlawful Taking or
Restraint of a Child or Child Custody or Visitation
Pursuant to 42 U.S.C. 653(b)(1)(A), upon request of an ``authorized
person,'' as defined in 42 U.S.C. 663(d)(2), or upon request of the
Department of Justice, Office of Juvenile Justice and Delinquency
Prevention, pursuant to 42 U.S.C. 663(f), information as to the most
recent address and place of employment of a parent or child may be
disclosed for the purpose of enforcing any 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. ``Authorized
person'' is defined in 42 U.S.C. 663(d)(2) as (A) any agent or attorney
of any State having an agreement under this section, who has the duty
or authority under the law of such State to enforce a child custody or
visitation determination; (B) any court having jurisdiction to make or
enforce such a child custody or visitation determination, or any agent
of such court; and (C) any agent or attorney of the United States, or
of a State having an agreement under this section, who has the duty or
authority to investigate, enforce, or bring a prosecution with respect
to the unlawful taking or restraint of a child.
4. Disclosure to the Social Security Administration for
Verification
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Pursuant to 42 U.S.C. 653(j)(1), the names, SSNs, and birth dates
of individuals about whom information is maintained may be disclosed to
the Social Security Administration to the extent necessary for
verification of the information by the Social Security Administration.
5. Disclosure for Locating an Individual for Paternity
Establishment or in Connection with a Support Order
Pursuant to 42 U.S.C. 653(j)(2)(B), the results of a comparison
between records in this system and the National Directory of New Hires
may be disclosed to the State IV-D child support enforcement agency
responsible for the case for the purpose of locating an individual in a
paternity establishment case or a case involving the establishment,
modification, or enforcement of a support order.
6. Disclosure to State Agencies Operating Specified Programs
Pursuant to 42 U.S.C. 653(j)(3), information may be disclosed to a
State to the extent and with the frequency that the Secretary
determines to be effective in assisting the State to carry out its
responsibilities under child support programs operated under 42 U.S.C.
651 through 669b (Title IV-D of the Social Security Act, Child Support
and Establishment of Paternity), child and family services programs
operated under 42 U.S.C. 621 through 639 (Title IV-B of the Social
Security Act), Foster Care and Adoption Assistance programs operated
under 42 U.S.C. 670 through 679A (Title IV-E of the Social Security
Act) and assistance programs funded under 42 U.S.C. 601 through 619
(Title IV-A of the Social Security Act, Temporary Assistance for Needy
Families).
7. Disclosure to Department of State under International Child
Abduction Remedies Act
Pursuant to 42 U.S.C. 663(e), the most recent address and place of
employment of a parent or child may be disclosed upon request to the
Department of State, in its capacity as the Central Authority
designated in accordance with Section 7 of the International Child
Abduction Remedies Act, 42 U.S.C. 11601 et seq., for the purpose of
locating the parent or child on behalf of an applicant.
8. Disclosure to Secretary of the Treasury for Certain Tax Purposes
Pursuant to 42 U.S.C. 653(h)(3), information may be disclosed to
the Secretary of Treasury for the purpose of administering sections of
the Internal Revenue Code which grant tax benefits based on support or
residence of children.
9. Disclosure for Authorized Research Purposes
Pursuant to 42 U.S.C. 653(j)(5), data in the FCR may be disclosed,
without personal identifiers, for research purposes found by the
Secretary to be likely to contribute to achieving the purposes of 42
U.S.C. 651 through 669b (Title IV-D of the Social Security Act, Child
Support and Establishment of Paternity) and 42 U.S.C. 601 through 619
(Title IV-A of the Social Security Act, Temporary Assistance for Needy
Families).
10. Disclosure to a Foreign Reciprocating Country for Child Support
Purposes
Pursuant to 42 U.S.C. 659a(c)(2), information on the State of
residence of an individual sought for support enforcement purposes in
cases involving residents of the United States and residents of foreign
countries that are the subject of a declaration may be disclosed to a
foreign reciprocating country.
11. Disclosure for Law Enforcement Purpose
Records may be disclosed to the appropriate Federal, State, local,
tribal, or foreign agency responsible for identifying, investigating,
prosecuting, enforcing or implementing a statute, rule, regulation or
order, if the information is relevant to a violation or potential
violation of civil or criminal law or regulation within the
jurisdiction of the receiving entity.
12. Disclosure to Department of Justice
Records may be disclosed to support the Department of Justice when:
(1) HHS, or any component thereof; or (2) any employee of HHS in his or
her official capacity; or (3) any employee of HHS in his or her
individual capacity where the Department of Justice or HHS has agreed
to represent the employee; or (4) the United States is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice is deemed by HHS to be relevant
and necessary to the litigation; provided, however, that in each case
it has been determined that the disclosure is compatible with the
purpose for which the records were collected.
13. Disclosure to Court or Adjudicative Body
Records may be disclosed to a court or adjudicative body when: (1)
HHS, or any component thereof; or (2) any employee of HHS in his or her
official capacity; or (3) any employee of HHS in his or her individual
capacity where the Department of Justice or HHS has agreed to represent
the employee; or (4) the United States is a party to litigation or has
an interest in such litigation, and the use of such records by the
Department of Justice is deemed by HHS to be relevant and necessary to
the litigation; provided, however, that in each case it has been
determined that the disclosure is compatible with the purpose for which
the records were collected.
14. Disclosure to Contractor to Perform Duties
Records may be disclosed to a contractor performing or working on a
contract for HHS and who has a need to have access to the information
in the performance of its duties or activities for HHS in accordance
with law and with the contract.
15. Disclosure in the Event of a Security Breach
Records may be disclosed to appropriate Federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
maintained in this system of records and the information disclosed is
relevant and necessary for that assistance.
Disclosures to Consumer Reporting Agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored electronically at the Social Security
Administration's National Computer Center. Historical logs and system
backups are stored off-site at an alternate location.
Retrievability:
Records can be retrieved by an identification number assigned to a
child support case by the State child support agency or an SSN of an
individual.
Safeguards:
Specific administrative, technical and physical controls are in
place to ensure that the records collected and maintained in the FCR
are secure from unauthorized access. Access to the records is
restricted to authorized personnel who are advised of the
confidentiality of the records and the civil and criminal penalties for
misuse and who sign a nondisclosure oath to that effect. Personnel are
provided privacy and security training before being granted access to
the records and annually thereafter.
Logical access controls are in place to limit access to the records
to authorized personnel and to prevent browsing. The
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records are processed and stored in a secure environment.
All records are stored in an area that is physically safe from
access by unauthorized persons at all times.
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
(1) Records provided from State child support agencies. (a)
Electronic records furnished by the State child support agency
containing child support case and order information (input files) are
retained for 60 days and then deleted. (b) State agency records (as
posted to the FCR) remain within the FCR until removed, upon
notification by the State agency that the case is closed and notifies
OCSE to remove it from the FCR, provided that, upon request, a sample
may be retained for research purposes found by OCSE to be likely to
contribute to achieving the purposes of child support programs or the
TANF program, but without personal identifiers. (c) Records pertaining
to closed cases are archived on the fiscal year basis and retained for
two years. Family violence indicators are removed from the individual's
record, upon request by the State that initiated the indicator. (2)
Locate requests and match results. (a) Locate requests submitted by
State child support agencies and other authorized persons are retained
for 60 days and are then deleted. (b) Audit trail records of locate
requests and disclosures of match results pursuant to those requests,
which include indications of which Federal agencies were contacted for
locate information, whether information was located, and the type(s) of
information returned to the requesting entity are archived once a year
based on the fiscal year. The records are retained for two completed
fiscal years and then destroyed. These records indicate the type of
information located for the authorized user, not the information
itself. (c) Records containing information from the NDNH or from other
agencies obtained pursuant to locate requests are provided to
authorized persons through the FCR. Copies of records provided are then
retained within the FCR for the purpose of electronically filtering and
suppressing redundant information from being provided. NDNH information
is retained within the FCR for one year and information from other
agencies is retained for up to three years. Thereafter such information
is deleted. (3) Match results generated as a result of FCR to FCR
comparisons which locate individuals who are participants in child
support cases or orders in more than one State are transmitted to the
relevant States. Copies of FCR to FCR match results are retained for 60
days and then deleted. (4) Any record relating or potentially relating
to a fraud or abuse investigation or a pending or ongoing legal action
including a class action, is retained until conclusion of the
investigation or legal action. (5) Copies of the FCR records
transmitted annually to the IRS for the purpose of administering the
earned income tax credit (routine use 12) are retained for one year and
then deleted.
System manager(s) and address:
Director, Division of Federal Systems, Office of Automation and
Program Operations, Office of Child Support Enforcement, Administration
for Children and Families, Department of Health and Human Services, 370
L'Enfant Promenade, SW., 4th Floor East, Washington, DC 20447.
Notification procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the System Manager. The request should include the name, telephone
number and/or email address, SSN, and address of the individual, and
the request must be signed by the individual to whom such information
pertains. The requester's letter must provide sufficient particulars to
enable the System Manager to distinguish between records on subject
individuals with the same name. Verification of identity as described
in HHS's Privacy Act regulations may be required. 45 CFR 5b.5.
Record access proc