Privacy Act of 1974; System of Records Notice, 17893-17916 [2015-07440]
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Vol. 80
Thursday,
No. 63
April 2, 2015
Part III
Department of Health and Human Services
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Administration for Children and Families
Privacy Act of 1974; System of Records Notice; Notice
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Privacy Act of 1974; System of
Records Notice
Administration for Children
and Families (ACF), Department of
Health and Human Services (HHS).
ACTION: Notice of new, amended, and
deleted Privacy Act systems of records.
AGENCY:
In accordance with the
requirements of the Privacy Act of 1974,
as amended (5 U.S.C. 552a), the
Administration for Children and
Families is publishing notice of a
republication multiple systems of
records, including amendments to
existing systems, establishment of new
systems, and deletion of obsolete
systems.
DATES: Effective: This Notice will
become effective 30 days after
publication, unless the Administration
for Children and Families makes
changes based on comments received.
Written comments should be submitted
on or before the effective date.
ADDRESSES: The public should address
written comments to: Gary Cochran,
Senior Agency Officer for Privacy,
Administration for Children and
Families, 901 D St. SW., 3rd Floor
Washington, DC 20024; Email:
gary.cochran@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT: The
following contact persons can answer
questions about the system of records
notices (SORNs) for systems maintained
in these offices within the
Administration for Children and
Families:
SUMMARY:
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FYSB—Family and Youth Services
Bureau
FYSB Research and Evaluation
Project Records—Kim Franklin,
Administration for Children and
Families, 901 D St. SW., 7th Floor,
Washington, DC 20024; Email:
kim.franklin@acf.hhs.gov.
OPRE—Office of Planning, Research
and Evaluation
OPRE Research and Evaluation
Project Records—Naomi Goldstein,
Privacy Officer, Administration for
Children and Families, 901 D St. SW.,
Washington, DC 20024; Email:
naomi.goldstein@acf.hhs.gov.
OFA—Office of Family Assistance
OFA Tribal Temporary Assistance for
Needy Families—Felicia Gaither,
Privacy Officer, Administration for
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Children and Families, 901 D St. SW.,
Washington, DC 20024; Email:
Felicia.gaither@acf.hhs.gov.
OFA Temporary Assistance for Needy
Families (non-Tribal)—Dennis Poe,
Privacy Officer, Administration for
Children and Families, 901 D St. SW.,
Washington, DC 20024; Email:
dennis.poe@acf.hhs.gov.
OCC—Office of Child Care
OCC Federal Child Care Monthly Case
Records—Joe Gagnier, Privacy Officer,
Administration for Children and
Families, 901 D St. SW., Washington,
DC 20024; Email: joseph.gagnier@
acf.hhs.gov.
OCSE—Office of Child Support
Enforcement
All OCSE Systems—Linda Deimeke,
Privacy Officer, Administration for
Children and Families, 901 D St. SW.,
4th Floor, Washington, DC 20024;
Email: linda.deimeke@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Explanation of Changes
The Administration for Children and
Families (ACF) within the Department
of Health and Human Services (HHS) is
republishing multiple of its Privacy Act
Systems of Records Notices (SORNs).
The republication includes
establishment of four new systems,
alteration of five existing systems, and
deletion of five obsolete systems. The
following summary identifies each
system and describes generally the
effect of the republication on that
system.
A. Four New Systems Established
ACF is proposing to establish the
following new systems of records; the
republication includes SORNs for these
new systems:
(1) 09–80–0341 FYSB Research and
Evaluation Project Records, HHS/ACF/
FYSB
(2) 09–80–0361 OPRE Research and
Evaluation Project Records, HHS/ACF/
OPRE
(3) 09–80–0371 OCC Federal Child
Care Monthly Case Records, HHS/ACF/
OCC
(4) 09–80–0373 OFA Tribal
Temporary Assistance for Needy
Families (Tribal TANF) Data System,
HHS/ACF/OFA.
B. Five Existing Systems Revised
ACF is proposing to alter the
following five existing systems of
records; this republication includes
revised SORNs with the following
changes for these systems:
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(1) 09–90–0151 OFA Temporary
Assistance for Needy Families (TANF)
Data System, HHS/ACF/OFA
(Last published 6/16/04 at 69 FR
33644)—The revised SORN:
• Changes the SORN number to 09–
80–0375;
• Updates the System Location
section;
• adds data elements to the Categories
of Records section (work-eligible
individual indicator, number of deemed
core hours for overall rate, and number
of deemed core hours for the two-parent
rate) and removes certain other data
elements;
• updates the Authority section;
• adds explanatory information to the
Purpose(s) section, after the three
purposes listed;
• in the Routine Uses section,
removes an unnecessary routine use
pertaining to disclosures of nonidentifiable data, renumbers the
remaining routine use as 1, and adds
new routine uses at 2 through 11; and
• Shortens the Safeguards section to
link to HHS’ information security
policies instead of describing them.
(2) 09–80–0381 OCSE National
Directory of New Hires, HHS/ACF/
OCSE
(Last published 1/5/11 at 76 FR
559)—The revised SORN:
• Updates the system and storage
locations;
• adds two new categories of
individuals (4 and 5) to the Categories
of Individuals section;
• in the Categories of Records section,
adds two new data elements to record
category 2 (date of hire and Department
of Defense status code), adds one new
data element to record category 4 (wage
and unemployment compensation
records obtained from the Department of
Labor), and adds two new record
categories (5 and 6);
• updates the Authority section;
• in the Routine Uses section, revises
the law enforcement routine use to
make it applicable to criminal
nonsupport, merges the routine use for
disclosures to a court or adjudicative
body into the routine use for disclosures
to the Department of Justice (DOJ), and
adds a routine use for disclosures to a
Congressional office;
• lists additional identifiers used for
retrieval (state FIPS codes, employer
identification numbers), and adds new
retention periods (for input records for
authorized matching, records pertaining
to income withholding, and audit logs),
in the Policies and Practices Section;
and
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• Lists additional record sources
(entities authorized to match, employers
and other income sources).
(3) 09–80–0383 OCSE Debtor File, HHS/
ACF/OCSE
(Last published 1/5/11 at 76 FR
559)—The revised SORN:
• Expands the Categories of
Individuals section to include
individuals whose records are in input
files for matching;
• updates the Categories of Records
section to:
Æ add data elements to category 2
(income and benefits information, and
information pertaining to collection of
amounts by state child support
enforcement agencies) and category 3
(amounts withheld from a financial
institution account, date of withholding,
and information pertaining to placement
of a lien or levy on an account),
Æ add a category for workers’
compensation payment records,
numbered as 4,
Æ revise and renumber the category
pertaining to insurer records (formerly
4, now 5), and
Æ add a category for income and
benefit records from other entities
authorized to provide information,
numbered as 6.
• updates the Authority section;
• shortens the opening sentence in
the Purpose(s) section and expands the
description to include additional
purposes (aid transmission of
information pertaining to lien or levy of
financial institution accounts, compare
income and benefits information,
furnish results of data matches to state
agencies, and improve states’ abilities to
collect);
• in the Routine Uses section:
Æ revises routine use 3 to describe
additional information that may be
disclosed to a financial institution
(information pertaining to a request for
a lien or levy),
Æ adds a new routine use 5 for
disclosures to workers’ compensation
agencies,
Æ renumbers former routine use 5
(regarding the Debt Collection
Improvement Act) as routine use 6 and
revises the heading,
Æ renumbers former routine use 6 as
routine use 7, revises the heading, and
describes additional information that
may be disclosed to a state agency
(information pertaining to a request for
a lien or levy),
Æ renumbers former routine use 7 as
8,
Æ adds new routine uses 9 and 10 for
disclosure of workers’ compensation
information and income and benefits
information to state agencies,
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Æ limits the law enforcement routine
use (formerly 8, now 11) to disclosures
pertaining to criminal nonsupport,
Æ merges the routine use for
disclosures to a court or adjudicative
body into the routine use for disclosures
to DOJ (formerly 9 and 10, now 12),
Æ revises the heading of the
contractor routine use (formerly 11, now
13), and
Æ adds new routine use 14 for
disclosures to a Congressional office;
and
• in the Policies and Practices
section,
Æ lists additional identifiers used for
retrieval (FEIN of the financial
institution, state FIPS code, Taxpayer
Identification Number (TIN), and state
child support case identification
number), and
Æ updates the descriptions of the
retention periods, shortens the retention
period for financial institution and
insurer records from one year to 60
days, adds a one-year retention period
for a copy of records matched, and
removes the retention period for extracts
disclosed for routine uses.
body into the routine use for disclosures
to DOJ,
Æ adds a routine use for disclosures to
a Congressional office, and
Æ revises the heading of the
contractor routine use;
• in the Policies and Practices
section,
Æ lists additional identifiers used for
retrieval (taxpayer identification
number (TIN), transaction serial
number, name and date of birth),
Æ removes unnecessary wording from
retention period (1),
Æ adds match result records to
retention period (2)(a) and removes the
retention period formerly listed as (2)(c),
Æ revises retention period (5), and
Æ adds a new retention period (6);
• removes an unnecessary sentence
(about filtering redundant data) from the
Record Source Categories: section; and
• provides a more complete
explanation of the exemptions claimed
for the system, in the Exemptions
section.
(4) 09–80–0202 OCSE Federal Case
Registry of Child Support Orders (FCR),
HHS/ACF/OCSE
(Last published 7/21/10 at 75 FR
42453)—The revised SORN:
• Updates the system and storage
locations;
• updates the Authority section; and
• in the Routine Uses section,
Æ adds introductory paragraphs and
headings,
Æ merges the routine use for
disclosures to a court or adjudicative
body into the routine use for disclosures
to DOJ, and
Æ adds a routine use for disclosures to
a Congressional office.
(Last published 1/5/11 at 76 FR
559)—The revised SORN:
• Changes the SORN number to 09–
80–0385;
• updates the system and storage
locations;
• expands the Categories of
Individuals section to include
individuals whose information is
collected and/or disseminated through
the system as part of authorized
technical assistance or matching, and
individuals involved in a state IV–E
foster care and adoption assistance
program;
• in the Categories of Records section:
Æ revises the explanation of the locate
request process,
Æ lists additional record types
(judicial or administrative orders,
subpoenas, affidavits, financial
statements, medical support notices,
notices of a lien, and income
withholding notices), and
Æ includes ‘‘state’’ with ‘‘federal
agencies’’ in one record description;
• updates the Authority section;
• in the Routine Uses section:
Æ cites the statutory definition of
‘‘authorized person’’ in routine uses 1,
2 and 3 instead of quoting it,
Æ limits the law enforcement routine
use to disclosures pertaining to criminal
nonsupport,
Æ merges the routine use for
disclosures to a court or adjudicative
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(5) 09–80–0387 Federal Parent Locator
Service Child Support Services Portal,
HHS/ACF/OCSE
C. Three Obsolete Systems Deleted
ACF is deleting three systems because
they are obsolete:
(1) 09–80–0100 Records Maintained on
Individuals for Program Evaluative
Purposes Under Contract, HHS/HDS
(Last published 12/30/86 at 51 FR
47061)—No longer exists
(2) 09–80–0201 Income and Eligibility
Verification for Aid to Families With
Dependent Children Quality Control
(AFDC–QC) Reviews, HHS/ACF/OFA
(Last published 6/4/93 at 58 FR
31715)—No longer exists
(3) 09–90–0150 Research and
Demonstration Data System, HHS/OCSE
(Last published 1/24/85 at 50 FR
3412)—No longer exists
II. The Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the United
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States Government collects, maintains,
and uses personally identifiable
information (PII) in a system of records.
A ‘‘system of records’’ is a group of any
records under the control of a Federal
agency from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a system of records
notice (SORN) identifying and
describing each system of records the
agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individual record subjects can
exercise their rights under the Privacy
Act to determine if the system contains
information about them, to seek access
to records about them, and to contest
inaccurate information about them.
Dated: March 26, 2015.
Michael Curtis,
Director, Office of Information Services,
Administration for Children and Families.
System Number: 09–80–0341
SYSTEM NAME:
FYSB Research and Evaluation Project
Records, HHS/ACF/FYSB
SECURITY CLASSIFICATION:
Unclassified
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SYSTEM LOCATION:
Research and Evaluation Division,
Family and Youth Services Bureau
(FYSB), Administration for Children
and Families (ACF), Department of
Health and Human Services (HHS),
Portals Building, Suite 800, 1250
Maryland Avenue SW., Washington,
DC. A list of contractor sites where
individually identifiable data are
currently located is available upon
request to the system manager.
FYSB research and evaluation
projects may cover any program,
activity, or function of FYSB, including
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Information about program
participants including their identities,
addresses, occupations, professions,
school or job performances, health
status, test scores, and other categories
of information relevant to the evaluation
of a particular program.
Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.); Child and
Family Services Improvement Act (Pub.
L. 109–288); Promoting Safe and Stable
Families Act (42 U.S.C. 629 et seq.);
Program for Abstinence Education (42
U.S.C. 710); Keeping Children and
Families Safe Act (42 U.S.C. 5101).
PURPOSE(S):
The Family and Youth Services
Bureau in the Administration for
Children and Families (ACF) is
responsible for advising the
Commissioner on Administration on
Children, Youth, and Families on
increasing the effectiveness and
efficiency of FYSB programs. This
system of records may contain personal
information subject to the Privacy Act of
1974 that is produced by FYSB research
and evaluation projects. Only projects
that involve the retrieval of records by
personal identifier are subject to the
Privacy Act of 1974 and are covered by
this system. The procedures for the
collection of information about research
subjects in FYSB’s evaluation projects
are reviewed, as appropriate, by
Institutional Review Boards, are subject
to HHS regulations on research with
human subjects, including requirements
for informed consent.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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CATEGORIES OF RECORDS IN THE SYSTEM:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
A. The following three systems of
records are deleted:
(1) 09–80–0100 Records Maintained
on Individuals for Program Evaluative
Purposes Under Contract, HHS/HDS
(2) 09–80–0201 Income and
Eligibility Verification for Aid to
Families With Dependent Children
Quality Control (AFDC–QC) Reviews,
HHS/ACF/OFA
(3) 09–90–0150 Research and
Demonstration Data System, HHS/OCSE
B. New SORNs are published for four
new systems of records, as follows:
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but not limited to Runaway and
Homeless Youth Programs, Transitional
Living Program, Maternity Group
Homes Program, Street Outreach
Program, Mentoring Children of
Prisoners Program, Family Violence
Programs, Abstinence Education
Programs, and other existing and future
programs. Records in this system may
be about any individual who
participates in a FYSB-sponsored
program as a service recipient or service
provider. For some programs, the
records may include information about
family members of program
participants.
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
HHS may release information from this
system of records without the consent of
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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. For any project that has
received a certificate of confidentiality,
none of these routine uses shall be read
to authorize a disclosure that would not
be allowed by the terms of the certificate
of confidentiality. In addition,
contractors may be restricted by contract
from making a disclosure allowed as a
routine use or by law without the
consent of HHS, of the data subject, or
both, unless the disclosure is required
by law.
(1) Disclosure for Law Enforcement
Purposes.
Information 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. However, because this is a
research and evaluation system, no
information will be disclosed for use in
any investigation, prosecution, or other
action targeted against any individual
who is the subject of the record.
(2) Disclosure Incident to Requesting
Information.
Information may be disclosed (to the
extent necessary to identify the
individual, inform the source of the
purpose of the request, and to identify
the type of information requested), to
any source from which additional
information is requested when
necessary to obtain information relevant
to the research or evaluation being
conducted.
(3) Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(4) Disclosure to Department of Justice
or in Proceedings.
• Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
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Department of Justice or HHS has agreed
to represent the employee; or
• The United States, if HHS
determines that litigation is likely to
affect HHS or any of its components, is
a party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
HHS 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.
(5) Disclosure to Contractor.
Information may be disclosed to a
contractor performing or working on a
contract for HHS and who have a need
to have access to the information in the
performance of their duties or activities
for HHS.
(6) Disclosures for Administrative
Claims, Complaints, and Appeals.
Information from this system of
records may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
(7) Disclosure in Connection With
Litigation.
Information from this system of
records may be disclosed in connection
with litigation or settlement discussions
regarding claims by or against HHS,
including public filing with a court, to
the extent that disclosure of the
information is relevant and necessary to
the litigation or discussions and except
where court orders are otherwise
required under section (b)(11) of the
Privacy Act of 1974, 5 U.S.C.
552a(b)(11).
(8) Disclosure in the Event of a
Security Breach.
Information 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, provided the
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information disclosed is relevant and
necessary for that assistance.
regulations may be required. 45 CFR
5b.5.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
RECORD ACCESS PROCEDURES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Depending on the project, records
may be stored on paper or other hard
copy, computers, and networks.
RETRIEVABILITY:
Depending on the project, records
may be retrieved by name, code, or
other unique identifier. In some cases,
individuals may be assigned identifiers
specific to a project or series of projects.
SAFEGUARDS:
All contractors or other record
keepers are required to maintain
appropriate administrative, technical,
and physical safeguards to ensure the
security and confidentiality of records.
Records are secured in compliance with
Federal requirements, including the
Federal Information Security
Management Act, HHS Security
Program Policy, and any applicable
requirements for the encryption of
personal data.
RETENTION AND DISPOSAL:
Identifiers are removed once the
evaluation is complete.
SYSTEM MANAGER AND ADDRESS:
Director, Research and Evaluation
Division, Family and Youth Services
Bureau, Administration for Children
and Families, Department of Health and
Human Services, Portals Building, Suite
800, 1250 Maryland Avenue SW.,
Washington, DC 20024.
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, and address of the
individual, and the request must be
signed. The requester’s letter must
provide sufficient particulars to enable
the System Manager to distinguish
between records on subject individuals
with the same name since FYSB does
not maintain Social Security Numbers
(SSN) or other standard unique
identifiers. The requester should try to
name or describe the project that
maintains the information being
requested. Verification of identity as
described in HHS’s Privacy Act
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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, and address of the
individual, and the request must be
signed. The requester’s letter must
provide sufficient particulars to enable
the System Manager to distinguish
between records on subject individuals
with the same name since FYSB does
not maintain SSNs or other standard
unique identifiers. The requester should
try to name or describe the project that
maintains the information being
requested. 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,
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. The requester’s
letter must provide sufficient particulars
to enable the System Manager to
distinguish between records on subject
individuals with the same name since
FYSB does not maintain SSNs or other
standard unique identifiers. The
requester should try to name or describe
the project that maintains the
information being requested.
Verification of identity as described in
HHS’s Privacy Act regulations may be
required. 45 CFR 5b.5
RECORD SOURCE CATEGORIES:
Records in this system may be
obtained from the record subject;
programs funded by FYSB; existing
programs operated by federal and state
agencies; third party information
sources that may include a record
subject’s relatives, neighbors, friends,
employers, and health care providers;
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status information; health information;
income; employment information; child
welfare system experiences; citizenship,
etc.
and available commercial and
governmental data sources.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
System Number: 09–80–0361
SYSTEM NAME:
OPRE Research and Evaluation
Project Records, HHS/ACF/OPRE
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Office of Planning, Research and
Evaluation (OPRE), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS), 370 L’Enfant
Promenade, SW., Washington, DC. A list
of contractor sites where records under
this system are maintained is available
upon request to the system manager.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
OPRE research and evaluation
projects may cover any program,
activity, or function of ACF. ACF
programs aim to achieve the following:
To support and assist low-income
families and individuals to increase
their own economic independence and
self-sufficiency; to increase strong,
healthy, supportive communities that
have a positive impact on the quality of
life and the development of children;
and to enter into partnerships with
states, communities, American Indian
tribes, Native communities, and social
service entities that support the
development of low-income families
and children. These partnerships
include services to improve support to
people with developmental disabilities,
refugees, and migrants to address their
needs, strengths, and abilities.
Records in this system may be about
any individual who participates in an
ACF/OPRE-sponsored research
demonstration. For some projects, the
records may include information about
family members of service recipients
and program participants.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The specific types of records collected
and maintained are determined by the
needs of each research and evaluation
project. Typical projects will collect
some or all of these records: Name;
address; telephone number and other
contact information; Social Security
Number (SSN); demographic
information, including race and
ethnicity; date of birth; income; preschool/Head Start participation; child
care utilization; marriage and family
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Section 413 of the Social Security Act
(42 U.S.C. 613); Section 1110 of the
Social Security Act (42 U.S.C. 1310);
Improving Head Start for School
Readiness Act of 2007 (42 U.S.C. 9836)
[Pub. L. 110–134, Section 641(c)(2)];
Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et
seq.) and Consolidated Appropriations
Act of 2008 (Pub. L. 110–161, Division
G, Title II, Payments to States for the
Child Care and Development Block
Grant); Section 429A of the Social
Security Act (42 U.S.C. 628b), as added
by the Personal Responsibility and
Work Opportunities Reconciliation Act.
PURPOSE(S):
The Office of Planning, Research and
Evaluation (OPRE) in the
Administration for Children and
Families (ACF) is responsible for
advising the Assistant Secretary for
Children and Families on increasing the
effectiveness and efficiency of programs
to improve the economic and social
well-being of children and families. In
collaboration with ACF program offices
and others, OPRE is responsible for
performance management for ACF,
conducts research and policy analyses,
and develops and oversees research and
evaluation projects to assess program
performance and inform policy and
practice. This system of records
contains personal information subject to
the Privacy Act of 1974 that is used in
OPRE research and evaluation projects.
Only projects that involve the retrieval
of records by personal identifier are
subject to the Privacy Act of 1974 and
are covered by this system. The
procedures for the collection of
information about research subjects in
OPRE’s evaluation projects are
reviewed, as appropriate, by
Institutional Review Boards, are subject
to HHS regulations on research with
human subjects, including requirements
for informed consent.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, under which ACF may release
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
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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. For any project that has
received a certificate of confidentiality,
none of these routine uses shall be read
to authorize a disclosure that would not
be allowed by the terms of the certificate
of confidentiality. In addition,
contractors may be restricted by contract
from making a disclosure allowed as a
routine use or by law without the
consent of HHS, of the data subject, or
both, unless the disclosure is required
by law.
(1) Disclosure for Law Enforcement
Purpose.
Information 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. However, because this is a
research and evaluation system, no
information will be disclosed for use in
any investigation, prosecution, or other
action targeted against any individual
who is the subject of the record.
(2) Disclosure Incident to Requesting
Information.
Information may be disclosed (to the
extent necessary to identify the
individual, inform the source of the
purpose of the request, and to identify
the type of information requested), to
any source from which additional
information is requested when
necessary to obtain information relevant
to the research or evaluation being
conducted.
(3) Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(4) Disclosure to Department of Justice
or in Proceedings.
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States, if HHS
determines that litigation is likely to
affect HHS or any of its components, is
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a party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
HHS 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.
(5) Disclosure to Contractor.
Information may be disclosed to a
contractor performing or working on a
contract for HHS and who have a need
to have access to the information in the
performance of their duties or activities
for HHS.
(6) Disclosure for Administrative
Claim, Complaint, and Appeal.
Information may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
(7) Disclosure in Connection with
Litigation.
Information may be disclosed in
connection with litigation or settlement
discussions regarding claims by or
against HHS, including public filing
with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions and except where court
orders are otherwise required under
section (b)(11) of the Privacy Act of
1974, 5 U.S.C. 552a(b)(11).
(8) Disclosure in the Event of a
Security Breach.
Information 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, provided the
information disclosed is relevant and
necessary for that assistance.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Depending on the project, records
may be stored on paper or other hard
copy, computers, and networks.
RETRIEVABILITY:
Depending on the project, records
may be retrieved by name, SSN, or other
personal identifier. In some cases,
individuals may be assigned identifiers
specific to a project or series of projects.
SAFEGUARDS:
All contractors or other record
keepers are required to maintain
appropriate administrative, technical,
and physical safeguards to ensure the
security and confidentiality of records.
Records are secured in compliance with
Federal requirements, including the
Federal Information Security
Management Act, HHS Security
Program Policy, and any applicable
requirements for the encryption of
personal data.
RETENTION AND DISPOSAL:
Identifiers are removed once the
analysis is complete.
17899
between records on subject individuals
with the same name. Verification of
identity as described in the
Department’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
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 the
Department’s Privacy Act regulations
may be required. 45 CFR 5b.5
RECORD SOURCE CATEGORIES:
Executive Officer, Office of Planning,
Research and Evaluation,
Administration for Children and
Families, Department of Health and
Human Services, 370 L’Enfant
Promenade SW., Washington, DC 20447.
Records in this system may be
obtained from the record subject;
existing programs operated by federal
and state agencies; third party
information sources that may include a
record subject’s relatives, neighbors,
friends, employers, and health care
providers; and available commercial
and governmental data sources.
NOTIFICATION PROCEDURES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
SYSTEM MANAGER AND ADDRESS:
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. 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 the
Department’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. The requester’s letter must
provide sufficient particulars to enable
the System Manager to distinguish
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None.
System Number: 09–80–0371
SYSTEM NAME:
OCC Federal Child Care Monthly Case
Records, HHS/ACF/OCC
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Office of Child Care, Administration
for Children and Families (ACF),
Department of Health and Human
Services (HHS), 370 L’Enfant
Promenade, SW., Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Family members from low-income
working families receiving child care
financial assistance through the Child
Care and Development Fund whose
information is reported by the states and
territories on ACF Form 801.
CATEGORIES OF RECORDS IN THE SYSTEM:
No names are collected. Social
Security Numbers (SSN) are collected
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when voluntarily provided by families,
or a unique state identifier provided by
the states is included in lieu of SSNs.
Other data fields include state and
county, reason for receiving care, total
monthly copayment, total monthly
income, sources of income, date
assistance began. For children, data
fields include race/ethnicity, month/
year of birth, type of child care, total
monthly amount paid to child care
provider, total hours of care provided.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 9858i, 9858j
PURPOSE(S):
When Congress created the Child Care
and Development Fund (CCDF) in the
Personal Responsibility and Work
Opportunity Reconciliation Act, it also
created the requirement that case-level
data on families receiving CCDF
services be collected on a regular basis.
States and territories were charged with
submitting specific information so that
Congress would have some empirical
basis for assessing the program. Nonidentifiable records are also made
available to researchers and the public.
tkelley on DSK3SPTVN1PROD with NOTICES2
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release 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.
(1) Disclosure for Law Enforcement
Purpose.
Information 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.
(2) Disclosure for Private Relief
Legislation.
Information may be disclosed to the
Office of Management and Budget at any
stage in the legislative coordination and
clearance process in connection with
private relief legislation as set forth in
OMB Circular No. A 19.
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(3) Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(4) Disclosure to Department of Justice
or in Proceedings.
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States, if HHS
determines that litigation is likely to
affect HHS or any of its components,is
a party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
HHS 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.
(5) Disclosure to the National
Archives.
Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
(6) Disclosure to Contractors,
Grantees, and Others.
Information may be disclosed to
contractors, grantees, consultants, or
volunteers performing or working on a
contract, service, grant, cooperative
agreement, job, or other activity for HHS
and who have a need to have access to
the information in the performance of
their duties or activities for HHS.
(7) Disclosure for Administrative
Claim, Complaint, and Appeal.
Information may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
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Sfmt 4703
Opportunity Commission, and Office of
Government Ethics.
(8) Disclosure to Office of Personnel
Management.
Information may be disclosed to the
Office of Personnel Management
pursuant to that agency’s responsibility
for evaluation and oversight of Federal
personnel management.
(9) Disclosure in Connection with
Litigation.
Information may be disclosed in
connection with litigation or settlement
discussions regarding claims by or
against HHS, including public filing
with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions and except where court
orders are otherwise required under
section (b)(11) of the Privacy Act of
1974, 5 U.S.C. 552a(b)(11).
(10) Disclosure in the Event of a
Security Breach.
Information 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, provided the
information disclosed is relevant and
necessary for that assistance.
(11) Disclosure to Consumer
Reporting Agencies: None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Current records are stored on a
computer network/database. Older
records are stored on tapes and disks.
RETRIEVABILITY:
Records may be retrieved by statedefined unique identifier (which may be
an SSN).
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
Records are maintained indefinitely.
SYSTEM MANAGER AND ADDRESS:
Associate Director, Office of Child
Care, Administration for Children and
Families, Department of Health and
Human Services, 370 L’Enfant
Promenade SW., Washington, DC 20447.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
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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. 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. 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
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:
States and territories receiving funds
from the Child Care and Development
Fund.
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
System Number: 09–80–0373
SYSTEM NAME:
OFA Tribal Temporary Assistance for
Needy Families (Tribal TANF) Data
System, HHS/ACF/OFA
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SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
TANFB.HQ, Office of Family
Assistance (OFA), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS), 370 L’Enfant
Promenade SW., Washington, DC. A list
of contractor sites where system records
are currently located is available upon
request to the system manager.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Members of families (as defined at 45
CFR 286.5) who received assistance
under the TANF program in any month.
CATEGORIES OF RECORDS IN THE SYSTEM:
There are three distinct groups of data
in the system: Family-level data; adultlevel or minor-child-head-of-household
data; and child data.
(1) Family level data may include the
following items of information: Tribal
TANF Database code, report year and
month; stratum code; case identification
number; Zip code; funding stream;
disposition status; new applicant status;
number of family members; type of
family for work participation; receipt of
subsidized housing; receipt of medical
assistance; receipt of food stamp
assistance; amount of food stamp
assistance; receipt of subsidized child
care; amount of subsidized child care;
amount of child support; amount of
family’s cash resources; cash, or cash
equivalent, amount of assistance and
number of months of that assistance;
TANF child care (amount, number of
children covered, and number of
months of assistance); transportation
assistance (amount and number of
months of assistance); transitional
services (amount and number of months
of assistance); other assistance (amount
and number of months of assistance);
amount of reductions in assistance;
reason for assistance reductions
(sanctions, recoupment of prior
overpayment, and other); waiver
evaluation experimental and control
group status; exemption status from the
federal time-limit provisions; and new
child-only-family status.
(2) Adult-level or minor child-headof-household data may include: family
affiliation; non-custodial parent
indicator; date of birth; Social Security
Number (SSN); race and ethnicity;
gender; receipt of disability benefits;
marital status; relationship to head of
household; parent-with-minor-child-inthe-family status; needs of a pregnant
woman; education level; citizenship;
cooperation with child support; number
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of months countable towards Federal
time-limit; number of countable months
remaining under Tribe’s negotiated
time-limit; exemption status of the
reporting month from the Tribe’s
negotiated time-limit; employment
status; work participation status;
unsubsidized employment hours;
subsidized private and public sector
employment hours; work experience
hours; on-the-job training hours; job
search and job readiness assistance
hours; community service program
hours; vocational educational training
hours; hours of job skills training
directly related to employment; hours of
education directly related to
employment for individuals with no
high school diploma or certificate of
high school equivalency; hours of
satisfactory school attendance for
individuals with no high school
diploma or certificate of high school
equivalency; hours of providing child
care services to an individual who is
participating in a community service
program; hours of additional work
activities permitted under a Waiver
demonstration; hours of other work
activities; required hours of work under
a Waiver demonstration; amount of
earned income; and amount of unearned
income (earned income tax credit,
Social Security benefit, Supplemental
Security Income (SSI), worker’s
compensation, and other unearned
income).
(3) Child data (i.e., data pertaining to
every child in a recipient TANF family)
may include: family affiliation; date of
birth; SSN; race and ethnicity; gender;
receipt of disability benefits;
relationship to head of household;
parent-with-minor-child-in-the-family
status; education level; citizenship;
amount of unearned income (SSI and
other).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 612 (Section 412 of the
Social Security Act). Tribal TANF data
collection and reporting regulations are
found in 45 CFR part 286.
PURPOSE:
The purposes of the Tribal TANF Data
System are: (1) To determine whether
Tribes are meeting certain requirements
negotiated under the Act, including
negotiated work and time-limit
requirements; (2) to compile
information used to report to Congress
on the Tribal TANF program. The TANF
data are reported by the Tribes for each
calendar quarter. Some records in the
system may be provided to Office of
Child Support Enforcement for
matching with records of individual
employment information contained in
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the National Directory of New Hires.
Match results are transmitted back in a
form that is not individually
identifiable.
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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, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release 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.
(1) Disclosure of Identifiable Data for
Research.
Information may be disclosed in
response to specific requests from
public or private entities, where the
requester’s proposed use of data from
the Tribal TANF Data System is found
compatible with the purposes for which
this data was collected, to supply
untabulated data, which may include
personal identifiers for individuals
whose information is included in the
data. No data that may include personal
identifiers will be disclosed until the
requester has agreed in writing not to
use such data to identify any
individuals and has provided advance
adequate written assurance that the
records will be used solely as statistical
research or reporting records.
(2) Disclosure for Law Enforcement
Purpose.
Information 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.
(3) Disclosure Incident to Requesting
Information.
Information may be disclosed (to the
extent necessary to identify the
individual, inform the source of the
purpose of the request, and to identify
the type of information requested), to
any source from which additional
information is requested when
necessary to obtain information relevant
to an agency decision concerning
retention of an employee or other
personnel action (other than hiring),
retention of a security clearance, the
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letting of a contract, or the issuance or
retention of a grant, or other benefit.
(4) Disclosure for Employee
Retention, Security Clearance, Contract,
or Other Benefit.
Disclosure may be made to a Federal,
State, local, foreign, or tribal or other
public authority of the fact that this
system of records contains information
relevant to the retention of an employee,
the retention of a security clearance, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit. The other agency or licensing
organization may then make a request
supported by the written consent of the
individual for the entire record if it so
chooses. No disclosure will be made
unless the information has been
determined to be sufficiently reliable to
support a referral to another office
within HHS or to another Federal
agency for criminal, civil,
administrative, personnel, or regulatory
action.
(5) Disclosure for Private Relief
Legislation.
Information may be disclosed to the
Office of Management and Budget at any
stage in the legislative coordination and
clearance process in connection with
private relief legislation as set forth in
OMB Circular No. A 19.
(6) Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(7) Disclosure to Department of Justice
or in Proceedings.
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States, if HHS
determines that litigation is likely to
affect HHS or any of its components,is
a party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
HHS 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.
(8) Disclosure to the National
Archives.
PO 00000
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Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
(9) Disclosure to Contractors,
Grantees, and Others.
Information may be disclosed to
contractors, grantees, consultants, or
volunteers performing or working on a
contract, service, grant, cooperative
agreement, job, or other activity for HHS
and who have a need to have access to
the information in the performance of
their duties or activities for HHS.
(10) Disclosure for Administrative
Claim, Complaint, and Appeal.
Information may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
(11) Disclosure to Office of Personnel
Management.
Information may be disclosed to the
Office of Personnel Management
pursuant to that agency’s responsibility
for evaluation and oversight of Federal
personnel management.
(12) Disclosure in Connection with
Litigation.
Information may be disclosed in
connection with litigation or settlement
discussions regarding claims by or
against HHS, including public filing
with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions and except where court
orders are otherwise required under
section (b)(11) of the Privacy Act of
1974, 5 U.S.C. 552a(b)(11).
(13) Disclosure in the Event of a
Security Breach.
Information 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, provided the
information disclosed is relevant and
necessary for that assistance.
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(14) Disclosure to Consumer
Reporting Agencies.
None.
Note: Data produced by matching Tribeprovided data with data from the Office of
Child Support Enforcement’s National
Directory of New Hires will only be disclosed
in accordance applicable routine use
disclosures set forth in the Office of Child
Support Enforcement’s systems of records for
OCSE Debtor File and OCSE National
Directory of New Hires.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be transmitted
electronically and stored on computer
tapes, disks, and networks.
RETRIEVABILITY:
Records may be retrieved by statedefined unique identifier (which may be
an SSN), or assigned case number.
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
SYSTEM MANAGER AND ADDRESS:
Director, TANFB.HQ, Administration
for Children and Families, Department
of Health and Human Services, 370
L’Enfant Promenade 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. 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:
tkelley on DSK3SPTVN1PROD with NOTICES2
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
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
All information is obtained from
participating Tribes.
Data is retained indefinitely.
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. The requester’s letter must
provide sufficient particulars to enable
20:28 Apr 01, 2015
CONTESTING RECORD PROCEDURES:
RECORD SOURCE CATEGORIES:
RETENTION AND DISPOSAL:
VerDate Sep<11>2014
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
Jkt 235001
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
No.
C. Revised SORNs are published for five
existing systems of records, as follows:
System Number: 09–80–0375 (formerly
09–90–0151)
SYSTEM NAME:
OFA Temporary Assistance for Needy
Families (TANF) Data System, HHS/
ACF/OFA
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
(1) Office of Information Systems,
Office of Administration,
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS), 370
L’Enfant Promenade SW., Washington,
DC; and (2) Office of Family Assistance
(OFA), ACF, HHS, 370 L’Enfant
Promenade SW., Washington, DC. A list
of contractor sites where system records
are currently located is available upon
request to the system manager.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Members of families (as defined at
45 CFR 265.2) who received assistance
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17903
under the TANF program in any month.
For data collection and reporting
purposes only, family means:
• All individuals receiving assistance
as part of a family under the State’s
TANF or separate State program
(including noncustodial parents, where
required under 45 CFR 265.3(f)); and
• The following additional persons
living in the household, if not otherwise
included:
(a) Parent(s) or caretaker relative(s) of
any minor child receiving assistance;
(b) Minor siblings of any child
receiving assistance; and
(c) Any person whose income or
resources would be counted in
determining the family’s eligibility for
or amount of assistance.
(2) Members of families no longer
receiving assistance under the TANF
program.
CATEGORIES OF RECORDS IN THE SYSTEM:
There are three distinct groups of data
in the TDS (TANF Data Reporting
System): Family-level data; adult-level
or minor-child-head-of-household data;
and child data. States must use for all
families, adult-level or minor childhead-of-household, and child data
reported each month and must use for
all months in the fiscal year: State FIPS
Code; County FIPS Code; Tribal code;
Reporting Month; Stratum.
(1) Family level data maintained in
the TDS may include the following
items of information on every family
that received assistance during one or
more months: Case number—TANF; Zip
code; funding stream; disposition; new
applicant; number of family members;
type of family for work participation;
receives subsidized housing; receives
medical assistance; receives food stamp;
amount of food stamp assistance;
receives subsidized child care; amount
of subsidized child care; amount of
child support; amount of family’s cash
resources; cash and cash equivalents
(amount of assistance and number of
months); TANF child care (amount,
number of children covered, and
number of months); transportation
(amount and number of months);
transitional services (amount and
number of months); other (amount and
number of months); reason for and
amount of reductions in assistance
(sanctions, recoupment of prior
overpayment); waiver evaluation
experimental and control group; is the
TANF Family exempt from the Federal
time-limit provisions; is the TANF
family a new child-only family.
(2) Adult-level or minor child-headof-household data maintained in the
TDS may include: Family affiliation;
noncustodial parent indicator; date of
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birth; Social Security Number (SSN);
race/ethnicity; gender; receives
disability benefits; marital status;
relationship to head of household;
parent-with-minor-child-in-the-family;
needs of a pregnant woman; educational
level; citizenship/alienage; cooperation
with child support; number of months
countable towards Federal time-limit;
number of countable months remaining
under State’s (Tribe’s) time-limit; Is
current month exempt from the State’s
(Tribe’s) time-limit; employment status;
work-eligible individual indicator; work
participation status; unsubsidized
employment; subsidized private-sector
employment hours; subsidized publicsector employment; work experience;
on-the-job training; job search and job
readiness assistance; community service
program; vocational educational
training; job skills training directly
related to employment; education
directly related to employment for
individuals with no high school
diploma or certificate of high school
equivalency; satisfactory school
attendance for individuals with no high
school diploma or certificate of high
school equivalency; providing child
care services to an individual who is
participating in a community service
program; other work activities; number
of deemed core hours for overall rate;
number of deemed core hours for the
two-parent rate; amount of earned
income; amount of unearned income
(earned income tax credit (EITC), Social
Security, Supplemental Security Income
(SSI), Worker’s Compensation, Other
Unearned Income)
(3) Child data (i.e., data pertaining to
every child in a recipient TANF family)
may include: Family affiliation; date of
birth; SSN; race and ethnicity; gender;
receives disability benefits; relationship
to head of household; parent-withminor-child-in-the-family status;
educational level; citizenship/alienage;
amount of unearned income (SSI and
other unearned income).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
tkelley on DSK3SPTVN1PROD with NOTICES2
42 U.S.C. 601–619 (Title IV–A of the
Social Security Act); 45 CFR part 265
(TANF data collection and reporting
regulations); 42 U.S.C. 603(a)(4), 613(d)
(Sections 403 and 413 of the Social
Security Act); 45 CFR part 270
(collection of information for
performance measures).
PURPOSE(S):
The purposes of the TANF Data
Reporting System are: (1) To determine
whether States are meeting certain
requirements prescribed by the Act,
including prescribed work and timelimit requirements; (2) to compile
information used to report to Congress
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22:25 Apr 01, 2015
Jkt 235001
on the TANF program; and, (3) to
compute State scores on work measures
and rank States on their performance in
assisting TANF recipients to obtain and
retain employment. The monthly TANF
data are reported by the individual
States for each (Federal) fiscal quarter.
(The term State is used in this notice to
refer to the 50 States, the District of
Columbia, and the jurisdictions of
Puerto Rico, the U.S. Virgin Islands, and
Guam). The State data are pooled to
create a national database for each
quarter. Some records in the system may
be provided to Office of Child Support
Enforcement for matching with records
of individual employment information
contained in the National Directory of
New Hires. Match results are
transmitted back to OFA in a form that
is not individually identifiable.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, 5 U.S.C. 552a(b), under which
ACF may release 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.
(1) Disclosure of Identifiable Data for
Research.
Information from this system of
records may be disclosed in response to
specific requests from public or private
entities, where the requester’s proposed
use of data from the TANF Data System
is found compatible with the purposes
for which this data was collected,
supply untabulated data, which may
include personal identifiers for
individuals whose information is
included in the data. No data that may
include personal identifiers will be
disclosed until the requester has agreed
in writing not to use such data to
identify any individuals and has
provided advance adequate written
assurance that the records will be used
solely as statistical research or reporting
records.
(2) Disclosure for Law Enforcement
Purpose.
Information 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
PO 00000
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Fmt 4701
Sfmt 4703
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
(3) Disclosure for Private Relief
Legislation.
Information may be disclosed to the
Office of Management and Budget at any
stage in the legislative coordination and
clearance process in connection with
private relief legislation as set forth in
OMB Circular No. A 19.
(4) Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(5) Disclosure to Department of Justice
or in Proceedings.
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when: HHS, or any component
thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States,
if HHS determines that litigation is
likely to affect HHS or any of its
components, is a party to litigation or
has an interest in such litigation, and
the use of such records by the
Department of Justice or HHS 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.
(6) Disclosure to the National
Archives.
Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
(7) Disclosure to Contractors,
Grantees, and Others.
Information may be disclosed to
contractors, grantees, consultants, or
volunteers performing or working on a
contract, service, grant, cooperative
agreement, job, or other activity for HHS
and who have a need to have access to
the information in the performance of
their duties or activities for HHS.
(8) Disclosure for Administrative
Claim, Complaint, and Appeal.
Information from this system of
records may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
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arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
(9) Disclosure to Office of Personnel
Management.
Information from this system of
records may be disclosed to the Office
of Personnel Management pursuant to
that agency’s responsibility for
evaluation and oversight of Federal
personnel management.
(10) Disclosure in Connection with
Litigation.
Information from this system of
records may be disclosed in connection
with litigation or settlement discussions
regarding claims by or against HHS,
including public filing with a court, to
the extent that disclosure of the
information is relevant and necessary to
the litigation or discussions and except
where court orders are otherwise
required under section (b)(11) of the
Privacy Act of 1974, 5 U.S.C.
552a(b)(11).
(11) Disclosure in the Event of a
Security Breach.
Information 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, provided the
information disclosed is relevant and
necessary for that assistance.
(12) Disclosure to Consumer
Reporting Agencies. None.
tkelley on DSK3SPTVN1PROD with NOTICES2
Note: Data produced by matching State
provided data with data from the Office of
Child Support Enforcement’s National
Directory of New Hires will only be disclosed
in accordance with applicable routine use
disclosures set forth in the Office of Child
Support Enforcement’s systems of records for
OCSE Debtor File and OCSE National
Directory of New Hires.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be transmitted
electronically and stored on computer
tapes, disks, and networks.
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20:28 Apr 01, 2015
Jkt 235001
RETRIEVABILITY:
Records may be retrieved by name,
state-defined unique identifier (which
may be an SSN), or assigned case or
family identification numbers.
SAFEGUARDS:
Safeguards conform to the HHS
Information Security Program, https://
www.hhs.gov/ocio/securityprivacy/
index.html.
RETENTION AND DISPOSAL:
The data transmitted by a State for a
fiscal quarter are backed up after the
initial processing of the data. The
backed-up version of the data is kept
only for a period of 30 days. The data
transmitted by the States for a fiscal
quarter, after processing and acceptance,
are pooled to create a national database
for the quarter. The national database is
stored for up to 24 months after the end
of the fiscal year. Afterwards, the
database is copied to a compact disc,
and the original data are erased. The
data on the compact disc is securely
maintained by ACF for up to 20 years
in order to facilitate research on
caseload trends, changes in the
characteristics of TANF recipients, or
other pertinent research. The eventual
disposal of the data will be by means of
physical destruction of the CD’s
containing the data. The Office of
Information Systems of the Office of
Administration and OFA, ACF, are
responsible for the retention and
disposal of the data system. The SSNs
obtained for the work performance
measures for a performance year,
although initially kept in an electronic
file, are erased after calculation of the
work measures for the performance
year. The erasing of this SSN data file
is done within two years after the
performance measures are actually
published for a performance year
(which precedes the year in which they
are calculated). Aggregate data files
based on information provided for the
work measures are also erased at the
same time.
SYSTEM MANAGERS AND ADDRESSES:
(1) Director, Division of Applications
Development Services, Office of
Information Services, Office of
Administration, Administration for
Children and Families, Department of
Health and Human Services, 370
L’Enfant Promenade SW., Washington,
DC 20447.
(2) Director, Division of Data
Collection and Analysis, TANF Bureau,
Office of Family Assistance,
Administration for Children and
Families, Department of Health and
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17905
Human Services, 370 L’Enfant
Promenade 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. 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. 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
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:
All information is obtained from the
states.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
None.
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(5) Individuals involved in child
support cases whose information is
collected and disseminated to and from
employers (and other payers of income)
and state IV–D child support
enforcement agencies, courts, and other
authorized entities for enforcement of
child support orders by withholding of
income.
System Number: 09–80–0381
SYSTEM NAME:
OCSE National Directory of New
Hires, HHS/ACF/OCSE
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
National Computer Center, Social
Security Administration, Baltimore,
Maryland; OCSE Data Facility,
Manassas, Virginia.
CATEGORIES OF RECORDS IN THE SYSTEM:
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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)
and 653a(b)(1)(c). This category does not
include 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. 653(e)(3) and
653a(g)(2)(B).
(4) Individuals whose information is
contained within input records
furnished by an authorized state or
federal agency for matching to obtain
employment, wage, or unemployment
compensation information pertaining to
those individuals for purposes of
establishing or verifying eligibility of
applicants for, or beneficiaries of,
federal or state benefit programs, such
as those funded under 42 U.S.C. 601
through 619 (Title IV–A of the Social
Security Act, Temporary Assistance for
Needy Families). Other individuals
whose information is contained within
input records furnished for authorized
matching are listed in the routine uses
to this system of records notice.
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20:28 Apr 01, 2015
Jkt 235001
(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) or
Taxpayer Identification Number (TIN)
and date of hire 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 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),
including the name, address, SSN (or
TIN) and date of hire of the employee
and the name, address and employer
identification number of the employer.
A Department of Defense status code, if
available, is also included in the
records.
(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) and wage
and unemployment compensation
records obtained pursuant to an
agreement with the Department of Labor
pursuant to 42 U.S.C. 653(e)(3).
(5) Input records furnished by a state
or federal agency or other entity for
authorized matching with the NDNH.
(6) Records collected and
disseminated to and from employers
(and other income sources) and state
IV–D child support enforcement
agencies and other authorized entities
pertaining to income withholding,
including additional information, such
as termination date, final payment date
and amount, contact information,
children’s names, lump sum income
information, order information, past-due
support information, amounts to
withhold, and instructions for
withholding.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 653(i), 652(a)(9) and
653(a)(1).
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PURPOSE(S):
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
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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 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), 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.
Pursuant to 42 U.S.C. 653(b)(1) and
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. 653(a)(2) and
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
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income tax credit) and 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 629m
(Title IV–B of the Social Security Act),
Foster Care and Adoption Assistance
programs operated under 42 U.S.C. 670
through 679c (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
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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
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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.
Information may be disclosed to the
appropriate federal, state, local, tribal,
or foreign agency responsible for
identifying, investigating, and
prosecuting, noncustodial parents who
knowingly fail to pay their support
obligations and meet the criteria for
Federal prosecution under 18 U.S.C.
228. The information must be relevant
to the violation of criminal nonsupport,
as stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228 and the
disclosure must be compatible with the
purpose for which the records were
collected.
(18) Disclosure to Department of
Justice or in Proceedings.
Records may be disclosed to support
the Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States,
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is a party to litigation or has an interest
in such litigation, and the use of such
records by the Department of Justice or
the court or adjudicative body 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 Congressional
Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(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, provided 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 and the OCSE Data Facility.
Historical logs and system backups are
stored off-site at an alternate location.
RETRIEVABILITY:
Records maintained in the NDNH are
retrieved by the SSN (or TIN) of the
individual to whom the record pertains.
Records collected and disseminated
from employers and other income
sources are retrieved by state FIPS codes
and employer identification numbers,
and records collected and disseminated
from state IV–D child support
enforcement agencies are retrieved by
state FIPS codes.
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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
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. (1) Input
records for authorized matching to
obtain NDNH information and (2)
records pertaining to income
withholding collected and disseminated
by OCSE are retained for 60 days. Audit
logs including information such as
employer identification numbers, FIPS
code numbers, document tracking
numbers, case identification numbers
and order identifier are retained up to
5 years.
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SYSTEM MANAGER AND ADDRESS:
RECORD SOURCE CATEGORIES:
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.
Information is obtained from
departments, agencies, or
instrumentalities of the United States or
any state, from entities authorized to
match to receive NDNH information,
and from employers and other income
sources.
NOTIFICATION PROCEDURES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Individuals seeking to determine
whether this system of records contains
information about them 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 them 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.
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CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about them 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
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.
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None.
System Number: 09–80–0383
SYSTEM NAME:
OCSE Debtor File, HHS/ACF/OCSE
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
National Computer Center, Social
Security Administration, Baltimore,
Maryland
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals owing past-due child
support, as indicated 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) are
covered by this system.
Additional individuals whose records
are contained in input files for
authorized matching with records in
this system are also covered by this
system. These additional individuals
include those claiming or receiving
income or benefits, such as workers’
compensation or insurance claims,
settlements, awards, and payments.
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, including the
name, Social Security Number (SSN) or
Taxpayer Identification Number (TIN),
of such individual, the amount of pastdue 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
enforcement agency; the amount of pastdue 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
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individuals: Refunds of federal taxes;
salary, wage and retirement benefits;
income and benefits information;
vendor payments and expense
reimbursement payments and travel
payments; and information pertaining to
the collection of those amounts by state
child support enforcement agencies.
(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 a financial
institution doing business in two or
more states, including the name, record
address, SSN (or TIN), or other
identifying number of each such
individual and information about any
account, held by the individual and
maintained at such institution,
including the amounts to withhold from
the account, date of withholding of the
amounts, and other information
pertaining to the placement of a lien or
levy by a state child support
enforcement agency on the account.
(4) Records pertaining to individuals
claiming or receiving periodic or lumpsum workers’ compensation payments
(including name, record address, SSN
(or TIN), claim numbers, and workers’
compensation insurers) which are
furnished by a workers’ compensation
agency and records of the results of a
comparison between those records and
records in the Debtor File pertaining to
individuals owing past-due child
support.
(5) Records pertaining to individuals
whose information is maintained by an
insurer (or its agent) concerning
insurance claims, settlements, awards,
and payments and the results of a
comparison between records in the
Debtor File pertaining to individuals
owing past-due child support and
income and benefits information,
including lump sum payment
information and information maintained
by insurers (or their agents) concerning
insurance claims, settlements, awards,
and payments and information
pertaining to state child support
enforcement agency withholding of
these amounts.
(6) Records pertaining to individuals
claiming or receiving other periodic or
lump-sum state or federal benefits or
other income and match results between
those individuals and individuals owing
past-due support.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 652, 653, 664, and 666.
PURPOSE(S):
The primary purpose of the Debtor
File is to improve states’ abilities to
collect past-due child support. The
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Debtor File facilitates OCSE’s execution
of its responsibility to perform the
following duties: Transmit to the
Secretary of State a certification by a
state IV–D child support agency that an
individual owes arrearages of child
support in an amount exceeding $2,500
for action (with respect to denial,
revocation or limitation of passports)
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 in operating a data
match system pursuant to 42 U.S.C.
652(l) (see also 42 U.S.C.
666(a)(17)(A)(i)) and to aid in the
transmission of information pertaining
to a lien or levy of financial institution
accounts located as a result of that data
match system authorized under 42
U.S.C. 652(a)(7), 666(c)(1)(G), and
666(c)(1)(G)(ii); through the FLPS, to
compare information regarding
individuals owing past-due support
with income and benefits information of
such individuals, including lump sum
payment information, 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(a)(7), 653(a)(2), 666(a)(4) and
666(c)(1)(G); 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 part 285; and to
improve states’ abilities to collect pastdue and current support from
individuals who are owed workers’
compensation benefits pursuant to 42
U.S.C. 653(e)(1); 666(a)(1)(A), (b)(1) and
(8), and (c)(1)(F) and (G); and
653(b)(1)(B). OCSE operates the FPLS
pursuant to 42 U.S.C. 652(a)(9) and 42
U.S.C. 653(a)(1).
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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.
Information pertaining to requests by
the state child support enforcement
agencies for the placement of a lien or
levy of such accounts may also be
disclosed.
(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,
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settlement, award or payment for the
purpose of collecting past-due support.
(5) Disclosure to Workers’
Compensation Agencies to Collect
Current and Past-Due Support.
Pursuant to 42 U.S.C. 653(e)(1);
666(a)(1)(A), (b)(1) and (8), and (c)(1)(F)
and (G), information pertaining to an
individual owing past-due child support
may be disclosed to a workers’
compensation agency to identify an
individual who is applying for or
receiving periodic or lump-sum
workers’ compensation for the purpose
of collecting current and past-due
support.
(6) Disclosure of Treasury Information
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.
(7) Disclosure of Financial Institution
Information to State Child Support
Enforcement Agency of Comparison
Information 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 provided by multistate
financial institutions may be disclosed
to a state child support enforcement
agency for the purpose of assisting state
agencies-in collecting past-due support.
Information pertaining to responses to
requests by the state child support
enforcement agencies for the placement
of a lien or levy of such accounts may
also be disclosed.
(8) 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 enforcement agency for the
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purpose of assisting state agencies in
collecting past-due support.
(9) Disclosure of Workers’
Compensation Information to State
Child Support Enforcement Agency for
Assistance in Collecting Past-Due and
Current Support.
Pursuant to 42 U.S.C. 653(b)(1)(B), the
results of a comparison between the
information pertaining to an individual
owing past-due child support and
information maintained by a workers’
compensation agency concerning
workers’ compensation payments may
be disclosed to a state IV–D child
support enforcement agency for the
purpose of assisting states in collecting
past-due support and any current
support owed by the individual.
(10) Disclosure of Income and
Benefits Information to State Child
Support Enforcement Agency for
Assistance in Collecting Past-Due and
Current Support.
Pursuant to 42 U.S.C. 652(a)(7),
653(a)(2), 666(a)(4) and 666(c)(1)(G), the
results of a comparison between the
information pertaining to an individual
owing past-due child support and
income and benefits information of such
individuals, including lump sum
payment information, may be disclosed
for the purpose of assisting states in
collecting past-due support and any
current support owed by the individual.
(11) Disclosure for Law Enforcement
Purpose.
Information may be disclosed to the
appropriate federal, state, local, tribal,
or foreign agency responsible for
identifying, investigating, and
prosecuting noncustodial parents who
knowingly fail to pay their support
obligations and meet the criteria for
federal prosecution under 18 U.S.C. 228.
The information must be relevant to the
violation of criminal nonsupport, as
stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228 and the
disclosure must be compatible with the
purpose for which the records were
collected.
(12) Disclosure to Department of
Justice or in Proceedings.
Information may be disclosed to
support the Department of Justice, or in
a proceeding before a court, or
adjudicative body, or other
administrative body before which HHS
is authorized to appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States, if HHS
determines that litigation is likely to
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affect HHS or any of its components, is
a party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
the court or other adjudicative body 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 Contractor to
Perform Duties.
Information 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.
(14) Disclosure to Congressional
Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(15) Disclosure in the Event of a
Security Breach.
Information 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, provided 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 offsite at an alternate
location.
RETRIEVABILITY:
Records maintained in the Debtor File
are retrieved by the SSN or TIN of the
individual to whom the record pertains;
provided, however, that for the purpose
of comparing information in the Debtor
File with information provided by
workers’ compensation agencies or
insurers (or their agents), 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. For the purpose of collecting
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and disseminating information provided
by state child support agencies and
financial institutions, information is
retrieved by the FEIN of the financial
institution and the state FIPS code of
the state child support agency and,
where requested, by the state child
support case identification number.
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 pertaining to a financial
institution or an insurer (or its agent) are
retained for 60 days and are then
deleted; provided, however, that after
removal of personal 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 enforcement
agencies and are then deleted. OCSE
retains information furnished by
workers’ compensation agencies for
only a period necessary to complete the
processing of the file, not to exceed 60
days from the date OCSE received the
file. A copy of response file records
provided to state child support
enforcement agencies is retained by
OCSE for 60 days and is then deleted.
A copy of records matched is retained
by OCSE for the purpose of
electronically filtering and suppressing
the transmission of redundant
information for one year and is then
deleted.
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SYSTEM MANAGER AND ADDRESS:
RECORD SOURCE CATEGORIES:
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.
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).
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about them 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. 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 them 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.
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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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
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
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
System Number: 09–80–0385 (formerly
09–80–0202)
SYSTEM NAME:
OCSE Federal Case Registry of Child
Support Orders (FCR), HHS/ACF/OCSE
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
National Computer Center, Social
Security Administration, Baltimore,
Maryland; OCSE Data Facility,
Manassas, Virginia
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. Individuals whose
information is collected and/or
disseminated through the system, as
part of authorized technical assistance
or matching, including but not limited
to individuals involved in a child and
family services’ program provided by
the state IV–B agency, and individuals
involved in a state IV–E foster care and
adoption assistance program and
programs administered by other
authorized agencies and entities
specified in the routine uses of records
maintained in this system.
CATEGORIES OF RECORDS IN THE SYSTEM:
The FCR maintains, collects, and
disseminates several categories of
records. 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,
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date of birth, mother’s maiden name,
father’s name, participant type
(custodial party, non-custodial parent,
putative father, child), family violence
indicator (domestic violence or child
abuse), order indicator, locate request
type, and requested locate source. 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.
State child support agencies and other
authorized persons can directly request
information (referred to as locate
requests) from the FPLS, which includes
the FCR system of records, and the
National Directory of New Hires system
of records. The FPLS must seek the
requested information from other
federal agencies. When state child
support agencies or other authorized
persons request information from the
FPLS, the request is transmitted to the
FPLS via the FCR. Upon receipt of such
requests, or as a result of the regular
comparisons of the FCR with the NDNH
and other agencies’ databases, the
records located pertaining to the
requests are disseminated to the
requestor via the FCR. The records
collected and disseminated, depending
upon the requestor’s specific authority,
may include information retrieved from
the FCR, from the NDNH, or from other
federal or state agencies. Records from
the NDNH and other agencies
disseminated through the FCR may
include categories of information such
as name, SSN (or TIN), 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.
Additional categories of information
include those contained in the following
documents: judicial or administrative
orders pertaining to child support and
medical support; an administrative
subpoena; an affidavit in support of
establishing paternity; a financial
statement; a medical support notice; a
notice of a lien; and an income
withholding notice. The FCR also
maintains: (1) Records (logs) of
transactions involving the receipt of
requests and the dissemination of
requested information; (2) copies of the
disseminated information for audit
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purposes; and (3) copies of certain
disseminated information for the
purpose of electronically filtering and
suppressing the transmission of
redundant information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 652(a)(7) and (9), 653(a)(1),
(h), and (j)(3)
PURPOSE(S):
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) and
programs funded under 42 U.S.C. 601 to
619 (Title IV–A of the Social Security
Act, Temporary Assistance for Needy
Families). Additional purposes are
specified in sections 453 and 463 of the
Social Security Act. (42 U.S.C. 653,
663).
tkelley on DSK3SPTVN1PROD with NOTICES2
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 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,’’ as defined in
42 U.S.C. 653(c), for the purpose of
establishing parentage or establishing,
setting the amount of, modifying or
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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.
(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 on
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); or the type, status, location,
and amount of any assets of, or debts
owed by or to, the individual.
(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.
(4) 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 who 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.
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17913
(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 629m
(Title IV–B of the Social Security Act),
Foster Care and Adoption Assistance
programs operated under 42 U.S.C. 670
through 679c (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. 653(b)(1) and
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. 653(a)(2) and
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
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are the subject of a declaration may be
disclosed to a foreign reciprocating
country.
(11) Disclosure for Law Enforcement
Purpose.
Information may be disclosed to the
appropriate federal, state, local, tribal,
or foreign agency responsible for
identifying, investigating, and
prosecuting noncustodial parents who
knowingly fail to pay their support
obligations and meet the criteria for
federal prosecution under 18 U.S.C. 228.
The information must be relevant to the
violation of criminal nonsupport, as
stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228 and the
disclosure must be compatible with the
purpose for which the records were
collected.
(12) Disclosure to Congressional
Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(13) Disclosure to Department of
Justice or in Proceedings.
Information may be disclosed to
support the Department of Justice, or in
a proceeding before a court, adjudicative
body, or other administrative body
before which HHS is authorized to
appear, when:
• HHS, or any component thereof; or
• Any employee of HHS in his or her
official capacity; or
• Any employee of HHS in his or her
individual capacity where the
Department of Justice or HHS has agreed
to represent the employee; or
• The United States, if HHS
determines that litigation is likely to
affect HHS or any of its components, is
a party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
HHS 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.
Information 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.
Information may be disclosed to
appropriate federal agencies and
Department contractors that have a need
to know the information for the purpose
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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, provided the
information disclosed is relevant and
necessary for that assistance.
(16) Disclosure 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 and the
OCSE Data Facility. Historical logs and
system backups are stored offsite at an
alternate location.
RETRIEVABILITY:
Records are retrieved by an
identification number assigned to a
child support case by the state child
support enforcement agency, an SSN or
TIN of an individual, a transaction serial
number, or by a name and date of birth
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 records are
processed and stored in a secure
environment. All record 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:
(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
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Frm 00022
Fmt 4701
Sfmt 4703
agency that the case is closed, 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 and match results
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.
(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 to the Secretary of the
Treasury for the purpose of
administering sections of the Internal
Revenue Code which grant tax benefits
based on support or residence of
children (routine use 8) are retained for
one year and then deleted.
(6) Records collected or disseminated
for technical assistance to child support
agencies or other authorized agencies or
entities are retained for 60 days to five
years, and audit data is retained for a
period of up to two years.
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
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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 them 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 them 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.
tkelley on DSK3SPTVN1PROD with NOTICES2
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record
about them 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 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
VerDate Sep<11>2014
20:28 Apr 01, 2015
Jkt 235001
enforcement 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.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
A rulemaking is pending publication
to add this system to the list of exempt
systems in HHS regulations
implementing the Privacy Act (45 CFR
5b, at § 5b.11), and that exemption will
be effective upon publication of a Final
Rule. The Final Rule will, pursuant to
5 U.S.C. 552a(k)(5), exempt the portions
of this system consisting of investigatory
material compiled for law enforcement
purposes from the requirements in
subsections (c)(3) and (d) of the Privacy
Act (5 U.S.C. 552a(c)(3) and (d)), subject
to the limitations set forth in subsection
(k)(5) and to the limitation in 42 U.S.C.
653(b)(2).
Case files marked with the Family
Violence Indicator (FVI) (i.e., indicating
there is reasonable evidence of domestic
violence or child abuse) are de facto
exempt from the Privacy Act’s
notification, access and accounting
requirements, by virtue of the statutory
prohibitions in § 653(b)(2) of the Social
Security Act (42 U.S.C. 653(b)(2)).
Section 653(b)(2) prohibits disclosure of
case files marked with the FVI to
anyone other than a court or an agent of
the court pursuant to section
653(b)(2)(B), to avoid harm to the
custodial parent or the child of such
parent.
System Number: 09–80–0387
SYSTEM NAME:
Federal Parent Locator Service Child
Support Services Portal, HHS/ACF/
OCSE
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
OCSE Data Facility, Manassas,
Virginia
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
OCSE employees and contractors, and
employees of states, financial
institutions, insurance companies,
federal agencies and other employers
who have registered to access the
system and its services for the
purpose(s) of exchanging information to
support electronic income withholding
orders process (also referred to as eIWO), to identify financial holdings, to
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Frm 00023
Fmt 4701
Sfmt 4703
17915
locate parents or other responsible
parties, to intercept tax refunds and
administrative payments or to deny or
reinstate a U.S. passport for a
noncustodial parent owing past-due
child support.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information relating to registration
requests by individuals seeking access
to the portal and its services, including
the individual’s name, Social Security
number (SSN), date of birth, and the
address and Federal Employer
Identification Number (FEIN) of the
individual’s employer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 652(a)(7) and (9) and
653(a)(1)
PURPOSE(S):
To validate eligibility for, and
maintain an official registry file that
identifies individuals and organizations,
including third-parties conducting
business on behalf of another business
or organization that apply for and are
granted access privileges to the FPLS
Child Support Services Portal and its
services.
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 Department of Justice
or in Proceedings.
Records may be disclosed to support
the Department of Justice, or in
proceedings before a court, or
adjudicative body, or other
administrative body before which HHS
is authorized to appear, when:
• 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
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices
litigation, and the use of such records by
the Department of Justice or court or
adjudicative body 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.
(2) Disclosure to Congressional Office.
Information may be disclosed to a
congressional office from the record of
an individual in response to a written
inquiry from the congressional office
made at the request of the individual.
(3) 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.
(4) 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, provided the
information disclosed is relevant and
necessary for that assistance.
(5) 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 system are stored
electronically at the OCSE Data Facility.
RETRIEVABILITY:
tkelley on DSK3SPTVN1PROD with NOTICES2
SAFEGUARDS:
Specific administrative, technical,
and physical controls are in place to
ensure that the records collected and
maintained in the FPLS Child Support
Services Portal 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
20:28 Apr 01, 2015
Jkt 235001
RETENTION AND DISPOSAL:
Electronic records are deleted when/
if OCSE determines that the records are
no longer needed for administrative,
audit, legal, or operational purposes,
and in accordance with records
schedules approved by the National
Archives and Records Administration.
Approved disposal methods for
electronic records and media include
overwriting, degaussing, erasing,
disintegration, pulverization, burning,
melting, incineration, shredding, or
sanding.
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 SW., 4th Floor East,
Washington, DC 20447.
NOTIFICATION PROCEDURES:
Records are retrieved by the Social
Security Number of the individual to
whom the record pertains.
VerDate Sep<11>2014
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. The individual’s SSN is
encrypted, and access to, and viewing
of, the SSN is restricted to designated
employees and contractors of OCSE
solely for the purpose of verifying the
identity of a registrant or a user of the
portal. 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.
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. 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
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Frm 00024
Fmt 4701
Sfmt 9990
Act regulations may be required. 45 CFR
5b.5.
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
about them 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, Social Security
number (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 them 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,
Social Security number (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:
Information is obtained from
individuals and organizations,
including third-parties conducting
business on behalf of a business or
organization, that apply for access
privileges to the FPLS Child Support
Services Portal and its services.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2015–07440 Filed 4–1–15; 8:45 am]
BILLING CODE 4184–42–P
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Agencies
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17893-17916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07440]
[[Page 17893]]
Vol. 80
Thursday,
No. 63
April 2, 2015
Part III
Department of Health and Human Services
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Administration for Children and Families
Privacy Act of 1974; System of Records Notice; Notice
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 /
Notices
[[Page 17894]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974; System of Records Notice
AGENCY: Administration for Children and Families (ACF), Department of
Health and Human Services (HHS).
ACTION: Notice of new, amended, and deleted Privacy Act systems of
records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended (5 U.S.C. 552a), the Administration for Children and
Families is publishing notice of a republication multiple systems of
records, including amendments to existing systems, establishment of new
systems, and deletion of obsolete systems.
DATES: Effective: This Notice will become effective 30 days after
publication, unless the Administration for Children and Families makes
changes based on comments received. Written comments should be
submitted on or before the effective date.
ADDRESSES: The public should address written comments to: Gary Cochran,
Senior Agency Officer for Privacy, Administration for Children and
Families, 901 D St. SW., 3rd Floor Washington, DC 20024; Email:
gary.cochran@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT: The following contact persons can
answer questions about the system of records notices (SORNs) for
systems maintained in these offices within the Administration for
Children and Families:
FYSB--Family and Youth Services Bureau
FYSB Research and Evaluation Project Records--Kim Franklin,
Administration for Children and Families, 901 D St. SW., 7th Floor,
Washington, DC 20024; Email: kim.franklin@acf.hhs.gov.
OPRE--Office of Planning, Research and Evaluation
OPRE Research and Evaluation Project Records--Naomi Goldstein,
Privacy Officer, Administration for Children and Families, 901 D St.
SW., Washington, DC 20024; Email: naomi.goldstein@acf.hhs.gov.
OFA--Office of Family Assistance
OFA Tribal Temporary Assistance for Needy Families--Felicia
Gaither, Privacy Officer, Administration for Children and Families, 901
D St. SW., Washington, DC 20024; Email: Felicia.gaither@acf.hhs.gov.
OFA Temporary Assistance for Needy Families (non-Tribal)--Dennis
Poe, Privacy Officer, Administration for Children and Families, 901 D
St. SW., Washington, DC 20024; Email: dennis.poe@acf.hhs.gov.
OCC--Office of Child Care
OCC Federal Child Care Monthly Case Records--Joe Gagnier, Privacy
Officer, Administration for Children and Families, 901 D St. SW.,
Washington, DC 20024; Email: joseph.gagnier@acf.hhs.gov.
OCSE--Office of Child Support Enforcement
All OCSE Systems--Linda Deimeke, Privacy Officer, Administration
for Children and Families, 901 D St. SW., 4th Floor, Washington, DC
20024; Email: linda.deimeke@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Explanation of Changes
The Administration for Children and Families (ACF) within the
Department of Health and Human Services (HHS) is republishing multiple
of its Privacy Act Systems of Records Notices (SORNs). The
republication includes establishment of four new systems, alteration of
five existing systems, and deletion of five obsolete systems. The
following summary identifies each system and describes generally the
effect of the republication on that system.
A. Four New Systems Established
ACF is proposing to establish the following new systems of records;
the republication includes SORNs for these new systems:
(1) 09-80-0341 FYSB Research and Evaluation Project Records, HHS/
ACF/FYSB
(2) 09-80-0361 OPRE Research and Evaluation Project Records, HHS/
ACF/OPRE
(3) 09-80-0371 OCC Federal Child Care Monthly Case Records, HHS/
ACF/OCC
(4) 09-80-0373 OFA Tribal Temporary Assistance for Needy Families
(Tribal TANF) Data System, HHS/ACF/OFA.
B. Five Existing Systems Revised
ACF is proposing to alter the following five existing systems of
records; this republication includes revised SORNs with the following
changes for these systems:
(1) 09-90-0151 OFA Temporary Assistance for Needy Families (TANF) Data
System, HHS/ACF/OFA
(Last published 6/16/04 at 69 FR 33644)--The revised SORN:
Changes the SORN number to 09-80-0375;
Updates the System Location section;
adds data elements to the Categories of Records section
(work-eligible individual indicator, number of deemed core hours for
overall rate, and number of deemed core hours for the two-parent rate)
and removes certain other data elements;
updates the Authority section;
adds explanatory information to the Purpose(s) section,
after the three purposes listed;
in the Routine Uses section, removes an unnecessary
routine use pertaining to disclosures of non-identifiable data,
renumbers the remaining routine use as 1, and adds new routine uses at
2 through 11; and
Shortens the Safeguards section to link to HHS'
information security policies instead of describing them.
(2) 09-80-0381 OCSE National Directory of New Hires, HHS/ACF/OCSE
(Last published 1/5/11 at 76 FR 559)--The revised SORN:
Updates the system and storage locations;
adds two new categories of individuals (4 and 5) to the
Categories of Individuals section;
in the Categories of Records section, adds two new data
elements to record category 2 (date of hire and Department of Defense
status code), adds one new data element to record category 4 (wage and
unemployment compensation records obtained from the Department of
Labor), and adds two new record categories (5 and 6);
updates the Authority section;
in the Routine Uses section, revises the law enforcement
routine use to make it applicable to criminal nonsupport, merges the
routine use for disclosures to a court or adjudicative body into the
routine use for disclosures to the Department of Justice (DOJ), and
adds a routine use for disclosures to a Congressional office;
lists additional identifiers used for retrieval (state
FIPS codes, employer identification numbers), and adds new retention
periods (for input records for authorized matching, records pertaining
to income withholding, and audit logs), in the Policies and Practices
Section; and
[[Page 17895]]
Lists additional record sources (entities authorized to
match, employers and other income sources).
(3) 09-80-0383 OCSE Debtor File, HHS/ACF/OCSE
(Last published 1/5/11 at 76 FR 559)--The revised SORN:
Expands the Categories of Individuals section to include
individuals whose records are in input files for matching;
updates the Categories of Records section to:
[cir] add data elements to category 2 (income and benefits
information, and information pertaining to collection of amounts by
state child support enforcement agencies) and category 3 (amounts
withheld from a financial institution account, date of withholding, and
information pertaining to placement of a lien or levy on an account),
[cir] add a category for workers' compensation payment records,
numbered as 4,
[cir] revise and renumber the category pertaining to insurer
records (formerly 4, now 5), and
[cir] add a category for income and benefit records from other
entities authorized to provide information, numbered as 6.
updates the Authority section;
shortens the opening sentence in the Purpose(s) section
and expands the description to include additional purposes (aid
transmission of information pertaining to lien or levy of financial
institution accounts, compare income and benefits information, furnish
results of data matches to state agencies, and improve states'
abilities to collect);
in the Routine Uses section:
[cir] revises routine use 3 to describe additional information that
may be disclosed to a financial institution (information pertaining to
a request for a lien or levy),
[cir] adds a new routine use 5 for disclosures to workers'
compensation agencies,
[cir] renumbers former routine use 5 (regarding the Debt Collection
Improvement Act) as routine use 6 and revises the heading,
[cir] renumbers former routine use 6 as routine use 7, revises the
heading, and describes additional information that may be disclosed to
a state agency (information pertaining to a request for a lien or
levy),
[cir] renumbers former routine use 7 as 8,
[cir] adds new routine uses 9 and 10 for disclosure of workers'
compensation information and income and benefits information to state
agencies,
[cir] limits the law enforcement routine use (formerly 8, now 11)
to disclosures pertaining to criminal nonsupport,
[cir] merges the routine use for disclosures to a court or
adjudicative body into the routine use for disclosures to DOJ (formerly
9 and 10, now 12),
[cir] revises the heading of the contractor routine use (formerly
11, now 13), and
[cir] adds new routine use 14 for disclosures to a Congressional
office; and
in the Policies and Practices section,
[cir] lists additional identifiers used for retrieval (FEIN of the
financial institution, state FIPS code, Taxpayer Identification Number
(TIN), and state child support case identification number), and
[cir] updates the descriptions of the retention periods, shortens
the retention period for financial institution and insurer records from
one year to 60 days, adds a one-year retention period for a copy of
records matched, and removes the retention period for extracts
disclosed for routine uses.
(4) 09-80-0202 OCSE Federal Case Registry of Child Support Orders
(FCR), HHS/ACF/OCSE
(Last published 1/5/11 at 76 FR 559)--The revised SORN:
Changes the SORN number to 09-80-0385;
updates the system and storage locations;
expands the Categories of Individuals section to include
individuals whose information is collected and/or disseminated through
the system as part of authorized technical assistance or matching, and
individuals involved in a state IV-E foster care and adoption
assistance program;
in the Categories of Records section:
[cir] revises the explanation of the locate request process,
[cir] lists additional record types (judicial or administrative
orders, subpoenas, affidavits, financial statements, medical support
notices, notices of a lien, and income withholding notices), and
[cir] includes ``state'' with ``federal agencies'' in one record
description;
updates the Authority section;
in the Routine Uses section:
[cir] cites the statutory definition of ``authorized person'' in
routine uses 1, 2 and 3 instead of quoting it,
[cir] limits the law enforcement routine use to disclosures
pertaining to criminal nonsupport,
[cir] merges the routine use for disclosures to a court or
adjudicative body into the routine use for disclosures to DOJ,
[cir] adds a routine use for disclosures to a Congressional office,
and
[cir] revises the heading of the contractor routine use;
in the Policies and Practices section,
[cir] lists additional identifiers used for retrieval (taxpayer
identification number (TIN), transaction serial number, name and date
of birth),
[cir] removes unnecessary wording from retention period (1),
[cir] adds match result records to retention period (2)(a) and
removes the retention period formerly listed as (2)(c),
[cir] revises retention period (5), and
[cir] adds a new retention period (6);
removes an unnecessary sentence (about filtering redundant
data) from the Record Source Categories: section; and
provides a more complete explanation of the exemptions
claimed for the system, in the Exemptions section.
(5) 09-80-0387 Federal Parent Locator Service Child Support Services
Portal, HHS/ACF/OCSE
(Last published 7/21/10 at 75 FR 42453)--The revised SORN:
Updates the system and storage locations;
updates the Authority section; and
in the Routine Uses section,
[cir] adds introductory paragraphs and headings,
[cir] merges the routine use for disclosures to a court or
adjudicative body into the routine use for disclosures to DOJ, and
[cir] adds a routine use for disclosures to a Congressional office.
C. Three Obsolete Systems Deleted
ACF is deleting three systems because they are obsolete:
(1) 09-80-0100 Records Maintained on Individuals for Program Evaluative
Purposes Under Contract, HHS/HDS
(Last published 12/30/86 at 51 FR 47061)--No longer exists
(2) 09-80-0201 Income and Eligibility Verification for Aid to Families
With Dependent Children Quality Control (AFDC-QC) Reviews, HHS/ACF/OFA
(Last published 6/4/93 at 58 FR 31715)--No longer exists
(3) 09-90-0150 Research and Demonstration Data System, HHS/OCSE
(Last published 1/24/85 at 50 FR 3412)--No longer exists
II. The Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
United
[[Page 17896]]
States Government collects, maintains, and uses personally identifiable
information (PII) in a system of records. A ``system of records'' is a
group of any records under the control of a Federal agency from which
information about individuals is retrieved by name or other personal
identifier. The Privacy Act requires each agency to publish in the
Federal Register a system of records notice (SORN) identifying and
describing each system of records the agency maintains, including the
purposes for which the agency uses PII in the system, the routine uses
for which the agency discloses such information outside the agency, and
how individual record subjects can exercise their rights under the
Privacy Act to determine if the system contains information about them,
to seek access to records about them, and to contest inaccurate
information about them.
Dated: March 26, 2015.
Michael Curtis,
Director, Office of Information Services, Administration for Children
and Families.
A. The following three systems of records are deleted:
(1) 09-80-0100 Records Maintained on Individuals for Program
Evaluative Purposes Under Contract, HHS/HDS
(2) 09-80-0201 Income and Eligibility Verification for Aid to
Families With Dependent Children Quality Control (AFDC-QC) Reviews,
HHS/ACF/OFA
(3) 09-90-0150 Research and Demonstration Data System, HHS/OCSE
B. New SORNs are published for four new systems of records, as
follows:
System Number: 09-80-0341
System Name:
FYSB Research and Evaluation Project Records, HHS/ACF/FYSB
Security Classification:
Unclassified
System Location:
Research and Evaluation Division, Family and Youth Services Bureau
(FYSB), Administration for Children and Families (ACF), Department of
Health and Human Services (HHS), Portals Building, Suite 800, 1250
Maryland Avenue SW., Washington, DC. A list of contractor sites where
individually identifiable data are currently located is available upon
request to the system manager.
Categories of Individuals Covered by the System:
FYSB research and evaluation projects may cover any program,
activity, or function of FYSB, including but not limited to Runaway and
Homeless Youth Programs, Transitional Living Program, Maternity Group
Homes Program, Street Outreach Program, Mentoring Children of Prisoners
Program, Family Violence Programs, Abstinence Education Programs, and
other existing and future programs. Records in this system may be about
any individual who participates in a FYSB-sponsored program as a
service recipient or service provider. For some programs, the records
may include information about family members of program participants.
Categories of Records in the System:
Information about program participants including their identities,
addresses, occupations, professions, school or job performances, health
status, test scores, and other categories of information relevant to
the evaluation of a particular program.
Authority for Maintenance of the System:
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); Child and
Family Services Improvement Act (Pub. L. 109-288); Promoting Safe and
Stable Families Act (42 U.S.C. 629 et seq.); Program for Abstinence
Education (42 U.S.C. 710); Keeping Children and Families Safe Act (42
U.S.C. 5101).
Purpose(s):
The Family and Youth Services Bureau in the Administration for
Children and Families (ACF) is responsible for advising the
Commissioner on Administration on Children, Youth, and Families on
increasing the effectiveness and efficiency of FYSB programs. This
system of records may contain personal information subject to the
Privacy Act of 1974 that is produced by FYSB research and evaluation
projects. Only projects that involve the retrieval of records by
personal identifier are subject to the Privacy Act of 1974 and are
covered by this system. The procedures for the collection of
information about research subjects in FYSB's evaluation projects are
reviewed, as appropriate, by Institutional Review Boards, are subject
to HHS regulations on research with human subjects, including
requirements for informed consent.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which HHS may release 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. For any project that
has received a certificate of confidentiality, none of these routine
uses shall be read to authorize a disclosure that would not be allowed
by the terms of the certificate of confidentiality. In addition,
contractors may be restricted by contract from making a disclosure
allowed as a routine use or by law without the consent of HHS, of the
data subject, or both, unless the disclosure is required by law.
(1) Disclosure for Law Enforcement Purposes.
Information 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. However, because this is a
research and evaluation system, no information will be disclosed for
use in any investigation, prosecution, or other action targeted against
any individual who is the subject of the record.
(2) Disclosure Incident to Requesting Information.
Information may be disclosed (to the extent necessary to identify
the individual, inform the source of the purpose of the request, and to
identify the type of information requested), to any source from which
additional information is requested when necessary to obtain
information relevant to the research or evaluation being conducted.
(3) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(4) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice,
or in a proceeding before a court, adjudicative body, or other
administrative body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the
[[Page 17897]]
Department of Justice or HHS has agreed to represent the employee; or
The United States, if HHS determines that litigation is
likely to affect HHS or any of its components, is a party to litigation
or has an interest in such litigation, and the use of such records by
the Department of Justice or HHS 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.
(5) Disclosure to Contractor.
Information may be disclosed to a contractor performing or working
on a contract for HHS and who have a need to have access to the
information in the performance of their duties or activities for HHS.
(6) Disclosures for Administrative Claims, Complaints, and Appeals.
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
(7) Disclosure in Connection With Litigation.
Information from this system of records may be disclosed in
connection with litigation or settlement discussions regarding claims
by or against HHS, including public filing with a court, to the extent
that disclosure of the information is relevant and necessary to the
litigation or discussions and except where court orders are otherwise
required under section (b)(11) of the Privacy Act of 1974, 5 U.S.C.
552a(b)(11).
(8) Disclosure in the Event of a Security Breach.
Information 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, provided 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:
Depending on the project, records may be stored on paper or other
hard copy, computers, and networks.
Retrievability:
Depending on the project, records may be retrieved by name, code,
or other unique identifier. In some cases, individuals may be assigned
identifiers specific to a project or series of projects.
Safeguards:
All contractors or other record keepers are required to maintain
appropriate administrative, technical, and physical safeguards to
ensure the security and confidentiality of records. Records are secured
in compliance with Federal requirements, including the Federal
Information Security Management Act, HHS Security Program Policy, and
any applicable requirements for the encryption of personal data.
Retention and Disposal:
Identifiers are removed once the evaluation is complete.
System Manager and Address:
Director, Research and Evaluation Division, Family and Youth
Services Bureau, Administration for Children and Families, Department
of Health and Human Services, Portals Building, Suite 800, 1250
Maryland Avenue SW., Washington, DC 20024.
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, and address of the individual, and the
request must be signed. The requester's letter must provide sufficient
particulars to enable the System Manager to distinguish between records
on subject individuals with the same name since FYSB does not maintain
Social Security Numbers (SSN) or other standard unique identifiers. The
requester should try to name or describe the project that maintains the
information being requested. Verification of identity as described in
HHS's Privacy Act regulations may be required. 45 CFR 5b.5.
Record Access 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, and address of the individual, and the
request must be signed. The requester's letter must provide sufficient
particulars to enable the System Manager to distinguish between records
on subject individuals with the same name since FYSB does not maintain
SSNs or other standard unique identifiers. The requester should try to
name or describe the project that maintains the information being
requested. 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, 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. The requester's letter must
provide sufficient particulars to enable the System Manager to
distinguish between records on subject individuals with the same name
since FYSB does not maintain SSNs or other standard unique identifiers.
The requester should try to name or describe the project that maintains
the information being requested. Verification of identity as described
in HHS's Privacy Act regulations may be required. 45 CFR 5b.5
Record Source Categories:
Records in this system may be obtained from the record subject;
programs funded by FYSB; existing programs operated by federal and
state agencies; third party information sources that may include a
record subject's relatives, neighbors, friends, employers, and health
care providers;
[[Page 17898]]
and available commercial and governmental data sources.
Exemptions Claimed for the System:
None.
System Number: 09-80-0361
System Name:
OPRE Research and Evaluation Project Records, HHS/ACF/OPRE
Security Classification:
Unclassified
System Location:
Office of Planning, Research and Evaluation (OPRE), Administration
for Children and Families (ACF), Department of Health and Human
Services (HHS), 370 L'Enfant Promenade, SW., Washington, DC. A list of
contractor sites where records under this system are maintained is
available upon request to the system manager.
Categories of Individuals Covered by the System:
OPRE research and evaluation projects may cover any program,
activity, or function of ACF. ACF programs aim to achieve the
following: To support and assist low-income families and individuals to
increase their own economic independence and self-sufficiency; to
increase strong, healthy, supportive communities that have a positive
impact on the quality of life and the development of children; and to
enter into partnerships with states, communities, American Indian
tribes, Native communities, and social service entities that support
the development of low-income families and children. These partnerships
include services to improve support to people with developmental
disabilities, refugees, and migrants to address their needs, strengths,
and abilities.
Records in this system may be about any individual who participates
in an ACF/OPRE-sponsored research demonstration. For some projects, the
records may include information about family members of service
recipients and program participants.
Categories of Records in the System:
The specific types of records collected and maintained are
determined by the needs of each research and evaluation project.
Typical projects will collect some or all of these records: Name;
address; telephone number and other contact information; Social
Security Number (SSN); demographic information, including race and
ethnicity; date of birth; income; pre-school/Head Start participation;
child care utilization; marriage and family status information; health
information; income; employment information; child welfare system
experiences; citizenship, etc.
Authority for Maintenance of the System:
Section 413 of the Social Security Act (42 U.S.C. 613); Section
1110 of the Social Security Act (42 U.S.C. 1310); Improving Head Start
for School Readiness Act of 2007 (42 U.S.C. 9836) [Pub. L. 110-134,
Section 641(c)(2)]; Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.) and Consolidated Appropriations Act of 2008
(Pub. L. 110-161, Division G, Title II, Payments to States for the
Child Care and Development Block Grant); Section 429A of the Social
Security Act (42 U.S.C. 628b), as added by the Personal Responsibility
and Work Opportunities Reconciliation Act.
Purpose(s):
The Office of Planning, Research and Evaluation (OPRE) in the
Administration for Children and Families (ACF) is responsible for
advising the Assistant Secretary for Children and Families on
increasing the effectiveness and efficiency of programs to improve the
economic and social well-being of children and families. In
collaboration with ACF program offices and others, OPRE is responsible
for performance management for ACF, conducts research and policy
analyses, and develops and oversees research and evaluation projects to
assess program performance and inform policy and practice. This system
of records contains personal information subject to the Privacy Act of
1974 that is used in OPRE research and evaluation projects. Only
projects that involve the retrieval of records by personal identifier
are subject to the Privacy Act of 1974 and are covered by this system.
The procedures for the collection of information about research
subjects in OPRE's evaluation projects are reviewed, as appropriate, by
Institutional Review Boards, are subject to HHS regulations on research
with human subjects, including requirements for informed consent.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, under which ACF may
release 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. For any project that has received a certificate of
confidentiality, none of these routine uses shall be read to authorize
a disclosure that would not be allowed by the terms of the certificate
of confidentiality. In addition, contractors may be restricted by
contract from making a disclosure allowed as a routine use or by law
without the consent of HHS, of the data subject, or both, unless the
disclosure is required by law.
(1) Disclosure for Law Enforcement Purpose.
Information 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. However, because this is a
research and evaluation system, no information will be disclosed for
use in any investigation, prosecution, or other action targeted against
any individual who is the subject of the record.
(2) Disclosure Incident to Requesting Information.
Information may be disclosed (to the extent necessary to identify
the individual, inform the source of the purpose of the request, and to
identify the type of information requested), to any source from which
additional information is requested when necessary to obtain
information relevant to the research or evaluation being conducted.
(3) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(4) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
The United States, if HHS determines that litigation is
likely to affect HHS or any of its components, is
[[Page 17899]]
a party to litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or HHS 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.
(5) Disclosure to Contractor.
Information may be disclosed to a contractor performing or working
on a contract for HHS and who have a need to have access to the
information in the performance of their duties or activities for HHS.
(6) Disclosure for Administrative Claim, Complaint, and Appeal.
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
(7) Disclosure in Connection with Litigation.
Information may be disclosed in connection with litigation or
settlement discussions regarding claims by or against HHS, including
public filing with a court, to the extent that disclosure of the
information is relevant and necessary to the litigation or discussions
and except where court orders are otherwise required under section
(b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
(8) Disclosure in the Event of a Security Breach.
Information 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, provided 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:
Depending on the project, records may be stored on paper or other
hard copy, computers, and networks.
Retrievability:
Depending on the project, records may be retrieved by name, SSN, or
other personal identifier. In some cases, individuals may be assigned
identifiers specific to a project or series of projects.
Safeguards:
All contractors or other record keepers are required to maintain
appropriate administrative, technical, and physical safeguards to
ensure the security and confidentiality of records. Records are secured
in compliance with Federal requirements, including the Federal
Information Security Management Act, HHS Security Program Policy, and
any applicable requirements for the encryption of personal data.
Retention and Disposal:
Identifiers are removed once the analysis is complete.
System Manager and Address:
Executive Officer, Office of Planning, Research and Evaluation,
Administration for Children and Families, Department of Health and
Human Services, 370 L'Enfant Promenade 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. 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 the Department'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. 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 the Department'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 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 the Department's Privacy Act regulations may be
required. 45 CFR 5b.5
Record Source Categories:
Records in this system may be obtained from the record subject;
existing programs operated by federal and state agencies; third party
information sources that may include a record subject's relatives,
neighbors, friends, employers, and health care providers; and available
commercial and governmental data sources.
Exemptions Claimed for the System:
None.
System Number: 09-80-0371
System Name:
OCC Federal Child Care Monthly Case Records, HHS/ACF/OCC
Security Classification:
Unclassified
System Location:
Office of Child Care, Administration for Children and Families
(ACF), Department of Health and Human Services (HHS), 370 L'Enfant
Promenade, SW., Washington, DC.
Categories of Individuals Covered by the System:
Family members from low-income working families receiving child
care financial assistance through the Child Care and Development Fund
whose information is reported by the states and territories on ACF Form
801.
Categories of Records in the System:
No names are collected. Social Security Numbers (SSN) are collected
[[Page 17900]]
when voluntarily provided by families, or a unique state identifier
provided by the states is included in lieu of SSNs. Other data fields
include state and county, reason for receiving care, total monthly
copayment, total monthly income, sources of income, date assistance
began. For children, data fields include race/ethnicity, month/year of
birth, type of child care, total monthly amount paid to child care
provider, total hours of care provided.
Authority for Maintenance of the System:
42 U.S.C. 9858i, 9858j
Purpose(s):
When Congress created the Child Care and Development Fund (CCDF) in
the Personal Responsibility and Work Opportunity Reconciliation Act, it
also created the requirement that case-level data on families receiving
CCDF services be collected on a regular basis. States and territories
were charged with submitting specific information so that Congress
would have some empirical basis for assessing the program. Non-
identifiable records are also made available to researchers and the
public.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release 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.
(1) Disclosure for Law Enforcement Purpose.
Information 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.
(2) Disclosure for Private Relief Legislation.
Information may be disclosed to the Office of Management and Budget
at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular
No. A 19.
(3) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(4) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
The United States, if HHS determines that litigation is
likely to affect HHS or any of its components,is a party to litigation
or has an interest in such litigation, and the use of such records by
the Department of Justice or HHS 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.
(5) Disclosure to the National Archives.
Information may be disclosed to the National Archives and Records
Administration in records management inspections.
(6) Disclosure to Contractors, Grantees, and Others.
Information may be disclosed to contractors, grantees, consultants,
or volunteers performing or working on a contract, service, grant,
cooperative agreement, job, or other activity for HHS and who have a
need to have access to the information in the performance of their
duties or activities for HHS.
(7) Disclosure for Administrative Claim, Complaint, and Appeal.
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
(8) Disclosure to Office of Personnel Management.
Information may be disclosed to the Office of Personnel Management
pursuant to that agency's responsibility for evaluation and oversight
of Federal personnel management.
(9) Disclosure in Connection with Litigation.
Information may be disclosed in connection with litigation or
settlement discussions regarding claims by or against HHS, including
public filing with a court, to the extent that disclosure of the
information is relevant and necessary to the litigation or discussions
and except where court orders are otherwise required under section
(b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
(10) Disclosure in the Event of a Security Breach.
Information 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, provided the information
disclosed is relevant and necessary for that assistance.
(11) Disclosure to Consumer Reporting Agencies: None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Current records are stored on a computer network/database. Older
records are stored on tapes and disks.
Retrievability:
Records may be retrieved by state-defined unique identifier (which
may be an SSN).
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
Records are maintained indefinitely.
System Manager and Address:
Associate Director, Office of Child Care, Administration for
Children and Families, Department of Health and Human Services, 370
L'Enfant Promenade SW., Washington, DC 20447.
Notification Procedures:
Individuals seeking to determine whether this system of records
contains
[[Page 17901]]
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. 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. 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 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:
States and territories receiving funds from the Child Care and
Development Fund.
Exemptions Claimed for the System:
None.
System Number: 09-80-0373
System Name:
OFA Tribal Temporary Assistance for Needy Families (Tribal TANF)
Data System, HHS/ACF/OFA
Security Classification:
None.
System Location:
TANFB.HQ, Office of Family Assistance (OFA), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS), 370 L'Enfant Promenade SW., Washington, DC. A list of contractor
sites where system records are currently located is available upon
request to the system manager.
Categories of Individuals Covered by the System:
Members of families (as defined at 45 CFR 286.5) who received
assistance under the TANF program in any month.
Categories of Records in the System:
There are three distinct groups of data in the system: Family-level
data; adult-level or minor-child-head-of-household data; and child
data.
(1) Family level data may include the following items of
information: Tribal TANF Database code, report year and month; stratum
code; case identification number; Zip code; funding stream; disposition
status; new applicant status; number of family members; type of family
for work participation; receipt of subsidized housing; receipt of
medical assistance; receipt of food stamp assistance; amount of food
stamp assistance; receipt of subsidized child care; amount of
subsidized child care; amount of child support; amount of family's cash
resources; cash, or cash equivalent, amount of assistance and number of
months of that assistance; TANF child care (amount, number of children
covered, and number of months of assistance); transportation assistance
(amount and number of months of assistance); transitional services
(amount and number of months of assistance); other assistance (amount
and number of months of assistance); amount of reductions in
assistance; reason for assistance reductions (sanctions, recoupment of
prior overpayment, and other); waiver evaluation experimental and
control group status; exemption status from the federal time-limit
provisions; and new child-only-family status.
(2) Adult-level or minor child-head-of-household data may include:
family affiliation; non-custodial parent indicator; date of birth;
Social Security Number (SSN); race and ethnicity; gender; receipt of
disability benefits; marital status; relationship to head of household;
parent-with-minor-child-in-the-family status; needs of a pregnant
woman; education level; citizenship; cooperation with child support;
number of months countable towards Federal time-limit; number of
countable months remaining under Tribe's negotiated time-limit;
exemption status of the reporting month from the Tribe's negotiated
time-limit; employment status; work participation status; unsubsidized
employment hours; subsidized private and public sector employment
hours; work experience hours; on-the-job training hours; job search and
job readiness assistance hours; community service program hours;
vocational educational training hours; hours of job skills training
directly related to employment; hours of education directly related to
employment for individuals with no high school diploma or certificate
of high school equivalency; hours of satisfactory school attendance for
individuals with no high school diploma or certificate of high school
equivalency; hours of providing child care services to an individual
who is participating in a community service program; hours of
additional work activities permitted under a Waiver demonstration;
hours of other work activities; required hours of work under a Waiver
demonstration; amount of earned income; and amount of unearned income
(earned income tax credit, Social Security benefit, Supplemental
Security Income (SSI), worker's compensation, and other unearned
income).
(3) Child data (i.e., data pertaining to every child in a recipient
TANF family) may include: family affiliation; date of birth; SSN; race
and ethnicity; gender; receipt of disability benefits; relationship to
head of household; parent-with-minor-child-in-the-family status;
education level; citizenship; amount of unearned income (SSI and
other).
Authority for Maintenance of the System:
42 U.S.C. 612 (Section 412 of the Social Security Act). Tribal TANF
data collection and reporting regulations are found in 45 CFR part 286.
Purpose:
The purposes of the Tribal TANF Data System are: (1) To determine
whether Tribes are meeting certain requirements negotiated under the
Act, including negotiated work and time-limit requirements; (2) to
compile information used to report to Congress on the Tribal TANF
program. The TANF data are reported by the Tribes for each calendar
quarter. Some records in the system may be provided to Office of Child
Support Enforcement for matching with records of individual employment
information contained in
[[Page 17902]]
the National Directory of New Hires. Match results are transmitted back
in a form that is not individually identifiable.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purpose of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release 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.
(1) Disclosure of Identifiable Data for Research.
Information may be disclosed in response to specific requests from
public or private entities, where the requester's proposed use of data
from the Tribal TANF Data System is found compatible with the purposes
for which this data was collected, to supply untabulated data, which
may include personal identifiers for individuals whose information is
included in the data. No data that may include personal identifiers
will be disclosed until the requester has agreed in writing not to use
such data to identify any individuals and has provided advance adequate
written assurance that the records will be used solely as statistical
research or reporting records.
(2) Disclosure for Law Enforcement Purpose.
Information 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.
(3) Disclosure Incident to Requesting Information.
Information may be disclosed (to the extent necessary to identify
the individual, inform the source of the purpose of the request, and to
identify the type of information requested), to any source from which
additional information is requested when necessary to obtain
information relevant to an agency decision concerning retention of an
employee or other personnel action (other than hiring), retention of a
security clearance, the letting of a contract, or the issuance or
retention of a grant, or other benefit.
(4) Disclosure for Employee Retention, Security Clearance,
Contract, or Other Benefit.
Disclosure may be made to a Federal, State, local, foreign, or
tribal or other public authority of the fact that this system of
records contains information relevant to the retention of an employee,
the retention of a security clearance, the letting of a contract, or
the issuance or retention of a license, grant, or other benefit. The
other agency or licensing organization may then make a request
supported by the written consent of the individual for the entire
record if it so chooses. No disclosure will be made unless the
information has been determined to be sufficiently reliable to support
a referral to another office within HHS or to another Federal agency
for criminal, civil, administrative, personnel, or regulatory action.
(5) Disclosure for Private Relief Legislation.
Information may be disclosed to the Office of Management and Budget
at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular
No. A 19.
(6) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(7) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
The United States,
if HHS determines that litigation is likely to affect HHS or any of its
components,is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice or
HHS 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.
(8) Disclosure to the National Archives.
Information may be disclosed to the National Archives and Records
Administration in records management inspections.
(9) Disclosure to Contractors, Grantees, and Others.
Information may be disclosed to contractors, grantees, consultants,
or volunteers performing or working on a contract, service, grant,
cooperative agreement, job, or other activity for HHS and who have a
need to have access to the information in the performance of their
duties or activities for HHS.
(10) Disclosure for Administrative Claim, Complaint, and Appeal.
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
(11) Disclosure to Office of Personnel Management.
Information may be disclosed to the Office of Personnel Management
pursuant to that agency's responsibility for evaluation and oversight
of Federal personnel management.
(12) Disclosure in Connection with Litigation.
Information may be disclosed in connection with litigation or
settlement discussions regarding claims by or against HHS, including
public filing with a court, to the extent that disclosure of the
information is relevant and necessary to the litigation or discussions
and except where court orders are otherwise required under section
(b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
(13) Disclosure in the Event of a Security Breach.
Information 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, provided the information
disclosed is relevant and necessary for that assistance.
[[Page 17903]]
(14) Disclosure to Consumer Reporting Agencies.
None.
Note: Data produced by matching Tribe-provided data with data
from the Office of Child Support Enforcement's National Directory of
New Hires will only be disclosed in accordance applicable routine
use disclosures set forth in the Office of Child Support
Enforcement's systems of records for OCSE Debtor File and OCSE
National Directory of New Hires.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records may be transmitted electronically and stored on computer
tapes, disks, and networks.
Retrievability:
Records may be retrieved by state-defined unique identifier (which
may be an SSN), or assigned case number.
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
Data is retained indefinitely.
System Manager and Address:
Director, TANFB.HQ, Administration for Children and Families,
Department of Health and Human Services, 370 L'Enfant Promenade 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. 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. 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 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:
All information is obtained from participating Tribes.
System Exempted From Certain Provisions of the Act:
No.
C. Revised SORNs are published for five existing systems of records, as
follows:
System Number: 09-80-0375 (formerly 09-90-0151)
System Name:
OFA Temporary Assistance for Needy Families (TANF) Data System,
HHS/ACF/OFA
Security Classification:
Unclassified
System Location:
(1) Office of Information Systems, Office of Administration,
Administration for Children and Families (ACF), Department of Health
and Human Services (HHS), 370 L'Enfant Promenade SW., Washington, DC;
and (2) Office of Family Assistance (OFA), ACF, HHS, 370 L'Enfant
Promenade SW., Washington, DC. A list of contractor sites where system
records are currently located is available upon request to the system
manager.
Categories of Individuals Covered by the System:
(1) Members of families (as defined at 45 CFR 265.2) who received
assistance under the TANF program in any month. For data collection and
reporting purposes only, family means:
All individuals receiving assistance as part of a family
under the State's TANF or separate State program (including
noncustodial parents, where required under 45 CFR 265.3(f)); and
The following additional persons living in the household,
if not otherwise included:
(a) Parent(s) or caretaker relative(s) of any minor child receiving
assistance;
(b) Minor siblings of any child receiving assistance; and
(c) Any person whose income or resources would be counted in
determining the family's eligibility for or amount of assistance.
(2) Members of families no longer receiving assistance under the
TANF program.
Categories of Records in the System:
There are three distinct groups of data in the TDS (TANF Data
Reporting System): Family-level data; adult-level or minor-child-head-
of-household data; and child data. States must use for all families,
adult-level or minor child-head-of-household, and child data reported
each month and must use for all months in the fiscal year: State FIPS
Code; County FIPS Code; Tribal code; Reporting Month; Stratum.
(1) Family level data maintained in the TDS may include the
following items of information on every family that received assistance
during one or more months: Case number--TANF; Zip code; funding stream;
disposition; new applicant; number of family members; type of family
for work participation; receives subsidized housing; receives medical
assistance; receives food stamp; amount of food stamp assistance;
receives subsidized child care; amount of subsidized child care; amount
of child support; amount of family's cash resources; cash and cash
equivalents (amount of assistance and number of months); TANF child
care (amount, number of children covered, and number of months);
transportation (amount and number of months); transitional services
(amount and number of months); other (amount and number of months);
reason for and amount of reductions in assistance (sanctions,
recoupment of prior overpayment); waiver evaluation experimental and
control group; is the TANF Family exempt from the Federal time-limit
provisions; is the TANF family a new child-only family.
(2) Adult-level or minor child-head-of-household data maintained in
the TDS may include: Family affiliation; noncustodial parent indicator;
date of
[[Page 17904]]
birth; Social Security Number (SSN); race/ethnicity; gender; receives
disability benefits; marital status; relationship to head of household;
parent-with-minor-child-in-the-family; needs of a pregnant woman;
educational level; citizenship/alienage; cooperation with child
support; number of months countable towards Federal time-limit; number
of countable months remaining under State's (Tribe's) time-limit; Is
current month exempt from the State's (Tribe's) time-limit; employment
status; work-eligible individual indicator; work participation status;
unsubsidized employment; subsidized private-sector employment hours;
subsidized public-sector employment; work experience; on-the-job
training; job search and job readiness assistance; community service
program; vocational educational training; job skills training directly
related to employment; education directly related to employment for
individuals with no high school diploma or certificate of high school
equivalency; satisfactory school attendance for individuals with no
high school diploma or certificate of high school equivalency;
providing child care services to an individual who is participating in
a community service program; other work activities; number of deemed
core hours for overall rate; number of deemed core hours for the two-
parent rate; amount of earned income; amount of unearned income (earned
income tax credit (EITC), Social Security, Supplemental Security Income
(SSI), Worker's Compensation, Other Unearned Income)
(3) Child data (i.e., data pertaining to every child in a recipient
TANF family) may include: Family affiliation; date of birth; SSN; race
and ethnicity; gender; receives disability benefits; relationship to
head of household; parent-with-minor-child-in-the-family status;
educational level; citizenship/alienage; amount of unearned income (SSI
and other unearned income).
Authority for Maintenance of the System:
42 U.S.C. 601-619 (Title IV-A of the Social Security Act); 45 CFR
part 265 (TANF data collection and reporting regulations); 42 U.S.C.
603(a)(4), 613(d) (Sections 403 and 413 of the Social Security Act); 45
CFR part 270 (collection of information for performance measures).
Purpose(s):
The purposes of the TANF Data Reporting System are: (1) To
determine whether States are meeting certain requirements prescribed by
the Act, including prescribed work and time-limit requirements; (2) to
compile information used to report to Congress on the TANF program;
and, (3) to compute State scores on work measures and rank States on
their performance in assisting TANF recipients to obtain and retain
employment. The monthly TANF data are reported by the individual States
for each (Federal) fiscal quarter. (The term State is used in this
notice to refer to the 50 States, the District of Columbia, and the
jurisdictions of Puerto Rico, the U.S. Virgin Islands, and Guam). The
State data are pooled to create a national database for each quarter.
Some records in the system may be provided to Office of Child Support
Enforcement for matching with records of individual employment
information contained in the National Directory of New Hires. Match
results are transmitted back to OFA in a form that is not individually
identifiable.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purpose of Such Uses:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, 5 U.S.C. 552a(b), under
which ACF may release 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.
(1) Disclosure of Identifiable Data for Research.
Information from this system of records may be disclosed in
response to specific requests from public or private entities, where
the requester's proposed use of data from the TANF Data System is found
compatible with the purposes for which this data was collected, supply
untabulated data, which may include personal identifiers for
individuals whose information is included in the data. No data that may
include personal identifiers will be disclosed until the requester has
agreed in writing not to use such data to identify any individuals and
has provided advance adequate written assurance that the records will
be used solely as statistical research or reporting records.
(2) Disclosure for Law Enforcement Purpose.
Information 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.
(3) Disclosure for Private Relief Legislation.
Information may be disclosed to the Office of Management and Budget
at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular
No. A 19.
(4) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(5) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when: HHS, or any
component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
The United States,
if HHS determines that litigation is likely to affect HHS or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice or
HHS 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.
(6) Disclosure to the National Archives.
Information may be disclosed to the National Archives and Records
Administration in records management inspections.
(7) Disclosure to Contractors, Grantees, and Others.
Information may be disclosed to contractors, grantees, consultants,
or volunteers performing or working on a contract, service, grant,
cooperative agreement, job, or other activity for HHS and who have a
need to have access to the information in the performance of their
duties or activities for HHS.
(8) Disclosure for Administrative Claim, Complaint, and Appeal.
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator,
[[Page 17905]]
arbitrator or other person properly engaged in investigation or
settlement of an administrative grievance, complaint, claim, or appeal
filed by an employee, but only to the extent that the information is
relevant and necessary to the proceeding. Agencies that may obtain
information under this routine use include, but are not limited to, the
Office of Personnel Management, Office of Special Counsel, Merit
Systems Protection Board, Federal Labor Relations Authority, Equal
Employment Opportunity Commission, and Office of Government Ethics.
(9) Disclosure to Office of Personnel Management.
Information from this system of records may be disclosed to the
Office of Personnel Management pursuant to that agency's responsibility
for evaluation and oversight of Federal personnel management.
(10) Disclosure in Connection with Litigation.
Information from this system of records may be disclosed in
connection with litigation or settlement discussions regarding claims
by or against HHS, including public filing with a court, to the extent
that disclosure of the information is relevant and necessary to the
litigation or discussions and except where court orders are otherwise
required under section (b)(11) of the Privacy Act of 1974, 5 U.S.C.
552a(b)(11).
(11) Disclosure in the Event of a Security Breach.
Information 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, provided the information
disclosed is relevant and necessary for that assistance.
(12) Disclosure to Consumer Reporting Agencies. None.
Note: Data produced by matching State provided data with data
from the Office of Child Support Enforcement's National Directory of
New Hires will only be disclosed in accordance with applicable
routine use disclosures set forth in the Office of Child Support
Enforcement's systems of records for OCSE Debtor File and OCSE
National Directory of New Hires.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records may be transmitted electronically and stored on computer
tapes, disks, and networks.
Retrievability:
Records may be retrieved by name, state-defined unique identifier
(which may be an SSN), or assigned case or family identification
numbers.
Safeguards:
Safeguards conform to the HHS Information Security Program, https://www.hhs.gov/ocio/securityprivacy/.
Retention and Disposal:
The data transmitted by a State for a fiscal quarter are backed up
after the initial processing of the data. The backed-up version of the
data is kept only for a period of 30 days. The data transmitted by the
States for a fiscal quarter, after processing and acceptance, are
pooled to create a national database for the quarter. The national
database is stored for up to 24 months after the end of the fiscal
year. Afterwards, the database is copied to a compact disc, and the
original data are erased. The data on the compact disc is securely
maintained by ACF for up to 20 years in order to facilitate research on
caseload trends, changes in the characteristics of TANF recipients, or
other pertinent research. The eventual disposal of the data will be by
means of physical destruction of the CD's containing the data. The
Office of Information Systems of the Office of Administration and OFA,
ACF, are responsible for the retention and disposal of the data system.
The SSNs obtained for the work performance measures for a performance
year, although initially kept in an electronic file, are erased after
calculation of the work measures for the performance year. The erasing
of this SSN data file is done within two years after the performance
measures are actually published for a performance year (which precedes
the year in which they are calculated). Aggregate data files based on
information provided for the work measures are also erased at the same
time.
System Managers and Addresses:
(1) Director, Division of Applications Development Services, Office
of Information Services, Office of Administration, Administration for
Children and Families, Department of Health and Human Services, 370
L'Enfant Promenade SW., Washington, DC 20447.
(2) Director, Division of Data Collection and Analysis, TANF
Bureau, Office of Family Assistance, Administration for Children and
Families, Department of Health and Human Services, 370 L'Enfant
Promenade 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. 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. 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 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:
All information is obtained from the states.
System Exempted From Certain Provisions of the Act:
None.
[[Page 17906]]
System Number: 09-80-0381
System Name:
OCSE National Directory of New Hires, HHS/ACF/OCSE
Security Classification:
Unclassified
System Location:
National Computer Center, Social Security Administration,
Baltimore, Maryland; OCSE Data Facility, Manassas, Virginia.
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) and 653a(b)(1)(c).
This category does not include 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. 653(e)(3) and 653a(g)(2)(B).
(4) Individuals whose information is contained within input records
furnished by an authorized state or federal agency for matching to
obtain employment, wage, or unemployment compensation information
pertaining to those individuals for purposes of establishing or
verifying eligibility of applicants for, or beneficiaries of, federal
or state benefit programs, such as those funded under 42 U.S.C. 601
through 619 (Title IV-A of the Social Security Act, Temporary
Assistance for Needy Families). Other individuals whose information is
contained within input records furnished for authorized matching are
listed in the routine uses to this system of records notice.
(5) Individuals involved in child support cases whose information
is collected and disseminated to and from employers (and other payers
of income) and state IV-D child support enforcement agencies, courts,
and other authorized entities for enforcement of child support orders
by withholding of income.
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) or Taxpayer Identification Number (TIN) and date of hire 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 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), including the name, address, SSN (or TIN) and date of
hire of the employee and the name, address and employer identification
number of the employer. A Department of Defense status code, if
available, is also included in the records.
(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) and wage and unemployment compensation records obtained
pursuant to an agreement with the Department of Labor pursuant to 42
U.S.C. 653(e)(3).
(5) Input records furnished by a state or federal agency or other
entity for authorized matching with the NDNH.
(6) Records collected and disseminated to and from employers (and
other income sources) and state IV-D child support enforcement agencies
and other authorized entities pertaining to income withholding,
including additional information, such as termination date, final
payment date and amount, contact information, children's names, lump
sum income information, order information, past-due support
information, amounts to withhold, and instructions for withholding.
Authority for Maintenance of the System:
42 U.S.C. 653(i), 652(a)(9) and 653(a)(1).
Purpose(s):
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
[[Page 17907]]
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 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), 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.
Pursuant to 42 U.S.C. 653(b)(1) and 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. 653(a)(2) and 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) and 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 629m (Title IV-B of the Social
Security Act), Foster Care and Adoption Assistance programs operated
under 42 U.S.C. 670 through 679c (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
[[Page 17908]]
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.
Information may be disclosed to the appropriate federal, state,
local, tribal, or foreign agency responsible for identifying,
investigating, and prosecuting, noncustodial parents who knowingly fail
to pay their support obligations and meet the criteria for Federal
prosecution under 18 U.S.C. 228. The information must be relevant to
the violation of criminal nonsupport, as stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228 and the disclosure must be compatible
with the purpose for which the records were collected.
(18) Disclosure to Department of Justice or in Proceedings.
Records may be disclosed to support the Department of Justice, or
in a proceeding before a court, adjudicative body, or other
administrative body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
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 or the court or
adjudicative body 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 Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(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, provided 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 and the OCSE Data
Facility. Historical logs and system backups are stored off-site at an
alternate location.
Retrievability:
Records maintained in the NDNH are retrieved by the SSN (or TIN) of
the individual to whom the record pertains. Records collected and
disseminated from employers and other income sources are retrieved by
state FIPS codes and employer identification numbers, and records
collected and disseminated from state IV-D child support enforcement
agencies are retrieved by state FIPS codes.
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. (1) Input records for authorized
matching to obtain NDNH information and (2) records pertaining to
income withholding collected and disseminated by OCSE are retained for
60 days. Audit logs including information such as employer
identification numbers, FIPS code numbers, document tracking numbers,
case identification numbers and order identifier are retained up to 5
years.
[[Page 17909]]
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 them 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 them 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 them 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 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, from entities
authorized to match to receive NDNH information, and from employers and
other income sources.
Exemptions Claimed for the System:
None.
System Number: 09-80-0383
System Name:
OCSE Debtor File, HHS/ACF/OCSE
Security Classification:
Unclassified
System Location:
National Computer Center, Social Security Administration,
Baltimore, Maryland
Categories of Individuals Covered by the System:
Individuals owing past-due child support, as indicated 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)
are covered by this system.
Additional individuals whose records are contained in input files
for authorized matching with records in this system are also covered by
this system. These additional individuals include those claiming or
receiving income or benefits, such as workers' compensation or
insurance claims, settlements, awards, and payments.
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, including the name, Social Security Number (SSN)
or Taxpayer Identification Number (TIN), 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 enforcement 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; income and benefits
information; vendor payments and expense reimbursement payments and
travel payments; and information pertaining to the collection of those
amounts by state child support enforcement agencies.
(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 a financial institution doing business in two
or more states, including the name, record address, SSN (or TIN), or
other identifying number of each such individual and information about
any account, held by the individual and maintained at such institution,
including the amounts to withhold from the account, date of withholding
of the amounts, and other information pertaining to the placement of a
lien or levy by a state child support enforcement agency on the
account.
(4) Records pertaining to individuals claiming or receiving
periodic or lump-sum workers' compensation payments (including name,
record address, SSN (or TIN), claim numbers, and workers' compensation
insurers) which are furnished by a workers' compensation agency and
records of the results of a comparison between those records and
records in the Debtor File pertaining to individuals owing past-due
child support.
(5) Records pertaining to individuals whose information is
maintained by an insurer (or its agent) concerning insurance claims,
settlements, awards, and payments and the results of a comparison
between records in the Debtor File pertaining to individuals owing
past-due child support and income and benefits information, including
lump sum payment information and information maintained by insurers (or
their agents) concerning insurance claims, settlements, awards, and
payments and information pertaining to state child support enforcement
agency withholding of these amounts.
(6) Records pertaining to individuals claiming or receiving other
periodic or lump-sum state or federal benefits or other income and
match results between those individuals and individuals owing past-due
support.
Authority for Maintenance of the System:
42 U.S.C. 652, 653, 664, and 666.
Purpose(s):
The primary purpose of the Debtor File is to improve states'
abilities to collect past-due child support. The
[[Page 17910]]
Debtor File facilitates OCSE's execution of its responsibility to
perform the following duties: Transmit to the Secretary of State a
certification by a state IV-D child support agency that an individual
owes arrearages of child support in an amount exceeding $2,500 for
action (with respect to denial, revocation or limitation of passports)
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 in operating a data match system
pursuant to 42 U.S.C. 652(l) (see also 42 U.S.C. 666(a)(17)(A)(i)) and
to aid in the transmission of information pertaining to a lien or levy
of financial institution accounts located as a result of that data
match system authorized under 42 U.S.C. 652(a)(7), 666(c)(1)(G), and
666(c)(1)(G)(ii); through the FLPS, to compare information regarding
individuals owing past-due support with income and benefits information
of such individuals, including lump sum payment information, 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(a)(7), 653(a)(2), 666(a)(4) and 666(c)(1)(G);
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 Sec.
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 part 285; and to improve
states' abilities to collect past-due and current support from
individuals who are owed workers' compensation benefits pursuant to 42
U.S.C. 653(e)(1); 666(a)(1)(A), (b)(1) and (8), and (c)(1)(F) and (G);
and 653(b)(1)(B). 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. Information pertaining to requests by
the state child support enforcement agencies for the placement of a
lien or levy of such accounts may also be disclosed.
(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 Workers' Compensation Agencies to Collect Current
and Past-Due Support.
Pursuant to 42 U.S.C. 653(e)(1); 666(a)(1)(A), (b)(1) and (8), and
(c)(1)(F) and (G), information pertaining to an individual owing past-
due child support may be disclosed to a workers' compensation agency to
identify an individual who is applying for or receiving periodic or
lump-sum workers' compensation for the purpose of collecting current
and past-due support.
(6) Disclosure of Treasury Information 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.
(7) Disclosure of Financial Institution Information to State Child
Support Enforcement Agency of Comparison Information 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 provided by multistate financial institutions may be
disclosed to a state child support enforcement agency for the purpose
of assisting state agencies-in collecting past-due support. Information
pertaining to responses to requests by the state child support
enforcement agencies for the placement of a lien or levy of such
accounts may also be disclosed.
(8) 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
enforcement agency for the
[[Page 17911]]
purpose of assisting state agencies in collecting past-due support.
(9) Disclosure of Workers' Compensation Information to State Child
Support Enforcement Agency for Assistance in Collecting Past-Due and
Current Support.
Pursuant to 42 U.S.C. 653(b)(1)(B), the results of a comparison
between the information pertaining to an individual owing past-due
child support and information maintained by a workers' compensation
agency concerning workers' compensation payments may be disclosed to a
state IV-D child support enforcement agency for the purpose of
assisting states in collecting past-due support and any current support
owed by the individual.
(10) Disclosure of Income and Benefits Information to State Child
Support Enforcement Agency for Assistance in Collecting Past-Due and
Current Support.
Pursuant to 42 U.S.C. 652(a)(7), 653(a)(2), 666(a)(4) and
666(c)(1)(G), the results of a comparison between the information
pertaining to an individual owing past-due child support and income and
benefits information of such individuals, including lump sum payment
information, may be disclosed for the purpose of assisting states in
collecting past-due support and any current support owed by the
individual.
(11) Disclosure for Law Enforcement Purpose.
Information may be disclosed to the appropriate federal, state,
local, tribal, or foreign agency responsible for identifying,
investigating, and prosecuting noncustodial parents who knowingly fail
to pay their support obligations and meet the criteria for federal
prosecution under 18 U.S.C. 228. The information must be relevant to
the violation of criminal nonsupport, as stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228 and the disclosure must be compatible
with the purpose for which the records were collected.
(12) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to support the Department of Justice,
or in a proceeding before a court, or adjudicative body, or other
administrative body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
The United States, if HHS determines that litigation is
likely to affect HHS or any of its components, is a party to litigation
or has an interest in such litigation, and the use of such records by
the Department of Justice or the court or other adjudicative body 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 Contractor to Perform Duties.
Information 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.
(14) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(15) Disclosure in the Event of a Security Breach.
Information 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, provided 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 offsite at an alternate location.
Retrievability:
Records maintained in the Debtor File are retrieved by the SSN or
TIN of the individual to whom the record pertains; provided, however,
that for the purpose of comparing information in the Debtor File with
information provided by workers' compensation agencies or insurers (or
their agents), 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. For the purpose of collecting and disseminating information
provided by state child support agencies and financial institutions,
information is retrieved by the FEIN of the financial institution and
the state FIPS code of the state child support agency and, where
requested, by the state child support case identification number.
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 pertaining to
a financial institution or an insurer (or its agent) are retained for
60 days and are then deleted; provided, however, that after removal of
personal 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
enforcement agencies and are then deleted. OCSE retains information
furnished by workers' compensation agencies for only a period necessary
to complete the processing of the file, not to exceed 60 days from the
date OCSE received the file. A copy of response file records provided
to state child support enforcement agencies is retained by OCSE for 60
days and is then deleted. A copy of records matched is retained by OCSE
for the purpose of electronically filtering and suppressing the
transmission of redundant information for one year and is then deleted.
[[Page 17912]]
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 them 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. 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 them 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. 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 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 and from multistate
financial institutions and insurers (or their agents).
Exemptions Claimed for the System:
None.
System Number: 09-80-0385 (formerly 09-80-0202)
System Name:
OCSE Federal Case Registry of Child Support Orders (FCR), HHS/ACF/
OCSE
Security Classification:
Unclassified
System Location:
National Computer Center, Social Security Administration,
Baltimore, Maryland; OCSE Data Facility, Manassas, Virginia
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. Individuals whose information is collected and/or
disseminated through the system, as part of authorized technical
assistance or matching, including but not limited to individuals
involved in a child and family services' program provided by the state
IV-B agency, and individuals involved in a state IV-E foster care and
adoption assistance program and programs administered by other
authorized agencies and entities specified in the routine uses of
records maintained in this system.
Categories of Records in the System:
The FCR maintains, collects, and disseminates several categories of
records. 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,
non-custodial parent, putative father, child), family violence
indicator (domestic violence or child abuse), order indicator, locate
request type, and requested locate source. 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.
State child support agencies and other authorized persons can
directly request information (referred to as locate requests) from the
FPLS, which includes the FCR system of records, and the National
Directory of New Hires system of records. The FPLS must seek the
requested information from other federal agencies. When state child
support agencies or other authorized persons request information from
the FPLS, the request is transmitted to the FPLS via the FCR. Upon
receipt of such requests, or as a result of the regular comparisons of
the FCR with the NDNH and other agencies' databases, the records
located pertaining to the requests are disseminated to the requestor
via the FCR. The records collected and disseminated, depending upon the
requestor's specific authority, may include information retrieved from
the FCR, from the NDNH, or from other federal or state agencies.
Records from the NDNH and other agencies disseminated through the FCR
may include categories of information such as name, SSN (or TIN),
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.
Additional categories of information include those contained in the
following documents: judicial or administrative orders pertaining to
child support and medical support; an administrative subpoena; an
affidavit in support of establishing paternity; a financial statement;
a medical support notice; a notice of a lien; and an income withholding
notice. The FCR also maintains: (1) Records (logs) of transactions
involving the receipt of requests and the dissemination of requested
information; (2) copies of the disseminated information for audit
[[Page 17913]]
purposes; and (3) copies of certain disseminated information for the
purpose of electronically filtering and suppressing the transmission of
redundant information.
Authority for Maintenance of the System:
42 U.S.C. 652(a)(7) and (9), 653(a)(1), (h), and (j)(3)
Purpose(s):
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) and programs funded under 42 U.S.C. 601 to
619 (Title IV-A of the Social Security Act, Temporary Assistance for
Needy Families). Additional purposes are specified in sections 453 and
463 of the Social Security Act. (42 U.S.C. 653, 663).
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 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,'' as defined in 42 U.S.C. 653(c), 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.
(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 on 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); or the type, status, location, and amount
of any assets of, or debts owed by or to, the individual.
(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.
(4) 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 who 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 629m (Title IV-B of the Social
Security Act), Foster Care and Adoption Assistance programs operated
under 42 U.S.C. 670 through 679c (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. 653(b)(1) and 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. 653(a)(2) and 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
[[Page 17914]]
are the subject of a declaration may be disclosed to a foreign
reciprocating country.
(11) Disclosure for Law Enforcement Purpose.
Information may be disclosed to the appropriate federal, state,
local, tribal, or foreign agency responsible for identifying,
investigating, and prosecuting noncustodial parents who knowingly fail
to pay their support obligations and meet the criteria for federal
prosecution under 18 U.S.C. 228. The information must be relevant to
the violation of criminal nonsupport, as stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228 and the disclosure must be compatible
with the purpose for which the records were collected.
(12) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(13) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to support the Department of Justice,
or in a proceeding before a court, adjudicative body, or other
administrative body before which HHS is authorized to appear, when:
HHS, or any component thereof; or
Any employee of HHS in his or her official capacity; or
Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
The United States, if HHS determines that litigation is
likely to affect HHS or any of its components, is a party to litigation
or has an interest in such litigation, and the use of such records by
the Department of Justice or HHS 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.
Information 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.
Information 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, provided the information
disclosed is relevant and necessary for that assistance.
(16) Disclosure 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 and the OCSE Data Facility.
Historical logs and system backups are stored offsite at an alternate
location.
Retrievability:
Records are retrieved by an identification number assigned to a
child support case by the state child support enforcement agency, an
SSN or TIN of an individual, a transaction serial number, or by a name
and date of birth 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 records are processed and stored in a secure
environment. All record 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, 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 and match results 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.
(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 to the Secretary of the
Treasury for the purpose of administering sections of the Internal
Revenue Code which grant tax benefits based on support or residence of
children (routine use 8) are retained for one year and then deleted.
(6) Records collected or disseminated for technical assistance to
child support agencies or other authorized agencies or entities are
retained for 60 days to five years, and audit data is retained for a
period of up to two years.
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
[[Page 17915]]
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 them 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 them 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 them 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 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 enforcement 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.
Exemptions Claimed for the System:
A rulemaking is pending publication to add this system to the list
of exempt systems in HHS regulations implementing the Privacy Act (45
CFR 5b, at Sec. 5b.11), and that exemption will be effective upon
publication of a Final Rule. The Final Rule will, pursuant to 5 U.S.C.
552a(k)(5), exempt the portions of this system consisting of
investigatory material compiled for law enforcement purposes from the
requirements in subsections (c)(3) and (d) of the Privacy Act (5 U.S.C.
552a(c)(3) and (d)), subject to the limitations set forth in subsection
(k)(5) and to the limitation in 42 U.S.C. 653(b)(2).
Case files marked with the Family Violence Indicator (FVI) (i.e.,
indicating there is reasonable evidence of domestic violence or child
abuse) are de facto exempt from the Privacy Act's notification, access
and accounting requirements, by virtue of the statutory prohibitions in
Sec. 653(b)(2) of the Social Security Act (42 U.S.C. 653(b)(2)).
Section 653(b)(2) prohibits disclosure of case files marked with the
FVI to anyone other than a court or an agent of the court pursuant to
section 653(b)(2)(B), to avoid harm to the custodial parent or the
child of such parent.
System Number: 09-80-0387
System Name:
Federal Parent Locator Service Child Support Services Portal, HHS/
ACF/OCSE
Security Classification:
Unclassified
System Location:
OCSE Data Facility, Manassas, Virginia
Categories of Individuals Covered by the System:
OCSE employees and contractors, and employees of states, financial
institutions, insurance companies, federal agencies and other employers
who have registered to access the system and its services for the
purpose(s) of exchanging information to support electronic income
withholding orders process (also referred to as e-IWO), to identify
financial holdings, to locate parents or other responsible parties, to
intercept tax refunds and administrative payments or to deny or
reinstate a U.S. passport for a noncustodial parent owing past-due
child support.
Categories of Records in the System:
Information relating to registration requests by individuals
seeking access to the portal and its services, including the
individual's name, Social Security number (SSN), date of birth, and the
address and Federal Employer Identification Number (FEIN) of the
individual's employer.
Authority for Maintenance of the System:
42 U.S.C. 652(a)(7) and (9) and 653(a)(1)
Purpose(s):
To validate eligibility for, and maintain an official registry file
that identifies individuals and organizations, including third-parties
conducting business on behalf of another business or organization that
apply for and are granted access privileges to the FPLS Child Support
Services Portal and its services.
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 Department of Justice or in Proceedings.
Records may be disclosed to support the Department of Justice, or
in proceedings before a court, or adjudicative body, or other
administrative body before which HHS is authorized to appear, when:
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
[[Page 17916]]
litigation, and the use of such records by the Department of Justice or
court or adjudicative body 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.
(2) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the request of the individual.
(3) 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.
(4) 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, provided the information
disclosed is relevant and necessary for that assistance.
(5) 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 system are stored electronically at the OCSE Data
Facility.
Retrievability:
Records are retrieved by the Social Security Number 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 FPLS
Child Support Services Portal 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. The individual's SSN is encrypted,
and access to, and viewing of, the SSN is restricted to designated
employees and contractors of OCSE solely for the purpose of verifying
the identity of a registrant or a user of the portal. 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:
Electronic records are deleted when/if OCSE determines that the
records are no longer needed for administrative, audit, legal, or
operational purposes, and in accordance with records schedules approved
by the National Archives and Records Administration. Approved disposal
methods for electronic records and media include overwriting,
degaussing, erasing, disintegration, pulverization, burning, melting,
incineration, shredding, or sanding.
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 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. 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 them 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,
Social Security number (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 them 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, Social Security number (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:
Information is obtained from individuals and organizations,
including third-parties conducting business on behalf of a business or
organization, that apply for access privileges to the FPLS Child
Support Services Portal and its services.
Exemptions Claimed for the System:
None.
[FR Doc. 2015-07440 Filed 4-1-15; 8:45 am]
BILLING CODE 4184-42-P