[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Notices]
[Page 20306-20309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap08-90]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Administration for Children and Families (ACF)
Office of Child Support Enforcement (OCSE); Privacy Act of 1974;
Amended System of Records
AGENCY: Office of Child Support Enforcement, ACF, HHS.
ACTION: Notice of Amended System of Records.
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SUMMARY: In accordance with the requirements of the Privacy Act of 1974
(5 U.S.C. 552a), the Office of Child Support Enforcement (OCSE) is
publishing notice of amendment of its system of records, entitled
``Federal Case Registry of Child Support Orders'' (FCR), 09-80-0202,
last published at 69 FR 46550 on August 3, 2004. The amendment adds
four routine uses; new categories of records; and clarifying
information and technical amendments.
DATES: Department of Health and Human Services (HHS) invites interested
parties to submit written comments on the proposed notice until May 15,
2008. As required by the Privacy Act (5 U.S.C. 552a(r)), HHS on April
8, 2008 sent a report of an Amended System of Records to the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Office of Information and Regulatory Affairs
of the Office of Management and Budget (OMB). The amendments described
in this notice are effective on May 15, 2008, unless HHS receives
comments that would result in a contrary determination.
ADDRESSES: Interested parties may submit written comment on this notice
by writing to Linda Deimeke, Director, Division of Federal Systems,
Office of Automation and Program Operations, Office of Child Support
Enforcement, Administration for Children and Families, 370 L'Enfant
Promenade, SW., Washington, DC 20447. Comments received will be
available for public inspection at this address from 9 a.m. to 5 p.m.
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Linda Deimeke, Director, Division of
Federal Systems, Office of Child Support Enforcement, 370 L'Enfant
Promenade, SW., Washington, DC 20447. Telephone Number (202) 401-5439.
SUPPLEMENTARY INFORMATION: The Office of Child Support Enforcement
(OCSE) is amending one of its systems of records, ``Federal Case
Registry of Child Support Orders'' (FCR), 09-80-0202, last published at
69 FR 46550 on August 3, 2004.
First, OCSE is adding a routine use (15) to facilitate
international child support enforcement in cases involving residents of
the United States and residents of foreign countries that are the
subject of a declaration under section 459A of the Social Security Act,
by providing to foreign reciprocating countries notification of the
state of residence of individuals sought for support enforcement.
Second, OCSE is adding a routine use (16) for the disclosure to
authorized OCSE users and the HHS Office of Inspector General, Office
of Investigations, in accordance with established procedures for the
purpose of Federal criminal nonsupport prosecution.
Third, in accordance with a memorandum issued by the Office of
Management and Budget, OCSE is adding a routine use (17) for the FCR
pertaining to the disclosure of information to appropriate persons and
entities for purposes of response and remedial efforts in the event of
a breach of data maintained in the FCR. This routine use will
facilitate an effective response to a confirmed or suspected breach by
allowing for disclosure to those individuals affected by the breach, as
well as to others who are in a position to assist in response efforts.
Fourth, OCSE is adding a routine use (18) for disclosures to
authorized agency contractors for the purpose of accomplishing an
agency function.
Fifth, OCSE is adding a category of records that will be maintained
within the FCR, records from locate requests, which are disseminated
through the FCR. Note: OCSE assists State child support agencies and
other authorized persons in locating individuals who are involved in
child support cases and to locate employment and asset information
maintained in OCSE's National Directory of New Hires (NDNH) database,
and within other Federal agencies' records. Records from locate
requests are included in this Notice as a category of records within
the system of records because they are disseminated through the FCR.
However, because the records are collected and maintained within the
NDNH prior to disclosure through the FCR, the routine uses under which
they
[[Page 20307]]
are disclosed are published in the system of record notice for the
Location and Collection System.
Sixth, OCSE is adding a category of records that will be maintained
within the FCR, records from locate requests, which are retained within
the FCR as a result of a computer system enhancement to electronically
filter and suppress redundant information that would have been
transmitted to State child support agencies or other authorized
persons. This new filtering, suppressing process will also reduce State
child support agencies' staff and computer processing unit costs.
Seventh, OCSE is adding a category of records maintained in the
FCR, transaction audit logs.
The amendment also revises and expands upon the language of the
previous system of records Notice and adds other clarifying information
and technical amendments.
Dated: March 21, 2008.
Margot Bean,
Commissioner, Office of Child Support Enforcement.
09-80-0202
SYSTEM NAME:
Federal Case Registry of Child Support Orders (FCR).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Computer Center, Social Security Administration,
Baltimore, Maryland.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals whose records are maintained within
this system are: (1) Individuals involved in child support cases being
enforced by the State child support agencies, and (2) individuals who
are parties to child support orders established or modified after
October 1, 1998. The individuals include custodial parties, non-
custodial parents, putative fathers (individuals whose parentage is
alleged but not established), and children. The information is obtained
from the State Case Registries.
CATEGORIES OF RECORDS IN THE SYSTEM:
The FCR maintains, collects, and disseminates several categories of
records. The FCR collects records provided by State Child Support
Registries. These records are information from child support cases and
support orders being enforced by the State child support agencies. 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
(IV-D, non-IV-D), 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 locate information (locate requests) from Federal
Parent Locator Service (FPLS), which includes the FCR system of
records, and the ``Location and Collection System'' (LCS), 09-90-0074.
The Notice for the LCS lists the authority and routine uses of
disclosures from the LCS. The FPLS must also seek the requested locate
information from other Federal agencies. When State child support
agencies, or other authorized persons, make locate requests to 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 disseminated, depending upon the requestor's specific
authority, may include information retrieved from the FCR, from the
NDNH, or from other Federal agencies. Records from the NDNH and other
agencies disseminated through the FCR may include categories of
information such as name, SSN, address, phone number, employer,
employment status and wages, retirement status and pay, assets,
military status and pay, Federal benefits status and amount,
representative payees, unemployment status and amount, children's
health insurance, incarceration status, financial institution accounts,
assets, and date of death. The FCR also contains information related to
those categories of records; for example, the date of receipt of
Federal benefits.
The FCR maintains records (logs) of transactions involving the
receipt of locate requests and the dissemination of requested
information and copies of the disseminated locate information for the
purpose of electronically filtering and suppressing the transmission of
redundant locate information.
AUTHORITY OF MAINTENANCE OF THE SYSTEM:
The Social Security Act (the Act), Section 453(a)(1) requires HHS
to establish and conduct a FPLS pursuant to 42 U.S.C. 653(a)(1).
Section 452(a)(9) of the Act placed the operation of the FPLS under the
direction of the Office of Child Support Enforcement (OCSE) pursuant to
42 U.S.C. 652(a)(9). Section 456(h) requires OCSE to maintain within
the FPLS an automated registry, the ``Federal Case Registry of Child
Support Orders'' (FCR), containing abstracts of support cases and
orders as furnished and regularly updated by State child support
agencies pursuant to 42 U.S.C Sec. 653(h).
PURPOSES:
The primary purpose of the FCR is to assist States in establishing
parentage or establishing, setting the amount of, modifying, or
enforcing child support obligations. OCSE is required to compare
records transmitted to or maintained within the FCR to records
maintained within the NDNH and other Federal agencies' databases and
discloses information about the individuals within the records to State
child support agencies or other authorized persons. The information
assists State child support agencies or other authorized persons by
locating individuals and their employment and asset information who are
involved in child support cases. The FCR also conducts FCR to FCR
comparisons to locate information about individuals who are involved in
child support cases in more than one State and provides the information
to those States. Other purposes of the FCR are: to provide locate
information (state of residence) pertaining to individuals sought
pursuant to the Convention on the Civil Aspects of International Child
Abduction to authorized persons in a Central Authority; to assist the
Attorney General of the United States in locating any parent or child
for the purpose of enforcing State or Federal law with respect to the
unlawful taking or restraint of a child, or making or enforcing a child
custody or visitation determination; and to assist the Secretary of the
Treasury in administering the sections of the Internal Revenue Code of
1986 which grant tax benefits based on support or residence of
children. FCR records, without personal identifiers, are also available
for research purposes likely to contribute to achieving the purposes of
the Temporary Assistance for Needy
[[Page 20308]]
Families (TANF) or the Federal/State child support program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The routine uses for the FCR are compatible with the stated purpose
of the system. Records maintained within the FCR may be disclosed to
the following categories of users for the purposes listed. If any
record contains a ``family violence indicator'' associated to the
record by State child support agencies if there is reasonable evidence
of domestic violence or child abuse, and that disclosure could be
harmful to the party or the child, the record will not be disclosed
from the FCR. However, disclosure of any information defined as
``return or return information'' under 26 U.S.C. 6103 of the Internal
Revenue Code will not be disclosed unless authorized by a statute, the
Internal Revenue Service (IRS), or IRS regulations.
ROUTINE USES INCLUDING FURNISHING INFORMATION TO THE FOLLOWING
CATEGORIES OR USERS:
(1) Agents and attorneys of a State which has in effect an approved
plan under Title IV-D of the Act who have duty or authority to collect
child and spousal support for the purpose of establishing parentage or
establishing, setting the amount of, modifying, or enforcing child
support obligations pursuant to 42 U.S.C. 653(c)(1); (2) the court
which has authority to issue an order against a non-custodial parent
for the support and maintenance of a child, or to issue an order
against a resident parent for child custody or visitation rights, or
any agent of such court for the purpose of establishing parentage or
establishing, setting the amount of, modifying, or enforcing child
support obligations pursuant to 42 U.S.C 653(c)(2); (3) the resident
parent, legal guardian, attorney, or agent of a child (other than a
child receiving TANF assistance) for the purpose of establishing
parentage or establishing, setting the amount of, modifying, or
enforcing child support obligations. 42 U.S.C. 653(c)(3); (4) a State
agency that is administering a program operated under a State plan
under subpart 1 of part B of the Act (Child Welfare Services) or a
State plan approved under subpart 2 of part B (Promoting Safe and
Stable Families) or under part E (Foster Care and Adoption Assistance),
for the purpose of locating or facilitating the discovery of an
individual who is or may be a child's parent pursuant to 42 U.S.C.
653(c)(4). Only information as to the name, SSN, address or location,
and employment wages, benefits or income of the parent shall be
provided under this section. Requests must be made through the State
child support agency; (5) the Social Security Administration for
verification of name, SSN, and birth dates pursuant to 42 U.S.C.
653(j)(1); (6) State agencies for the purpose of locating individuals
in a paternity establishment case or a case involving the
establishment, modification, or enforcement of a support order pursuant
to 42 U.S.C. 653(j)(2)(B); (7) State agencies for the purpose of
assisting States to carry out their responsibilities under programs
operated under Titles IV-D (child support programs) and IV-A (TANF) of
the Act pursuant to 42 U.S.C 653(j)(3)(B); (8) agents or attorneys of
States having an agreement under this section who have the duty or
authority to enforce child custody or visitation determinations.
Requests may be made for the purpose of determining the whereabouts of
any parent or child when such information is to be used to locate such
parent or child for the purpose of making or enforcing a child custody
or visitation determination. Only information as to the most recent
address and place of employment of any parent or child shall be
provided under this section pursuant to 42 U.S.C. 663(d)(2)(A); (9)
courts or their agents having jurisdiction to make or enforce a child
custody or visitation determination. Requests may be made for the
purpose of determining the whereabouts of any parent or child when such
information is to be used to locate such parent or child for the
purpose of making or enforcing a child custody or visitation
determination. Only information as to the most recent address and place
of employment of any parent or child shall be provided under this
section pursuant to 42 U.S.C. 663(d)(2)(B); (10) agents or attorneys of
the United States having an agreement under this section with the U.S.
Attorney, or of a State, who have the authority or duty to investigate,
enforce, or prosecute the unlawful taking or restraint of a child. The
request may be made for the purpose of determining the whereabouts of
any parent or child when such information is to be used to locate such
parent or child for the purpose of enforcing any State or Federal law
with respect to the unlawful taking or restraint of a child. Only
information as to the most recent address and place of employment of
any parent or child shall be provided under this section pursuant to 42
U.S.C. 663(d)(2)(C) and 42 U.S.C. 663(f); (11) the U.S. Central
Authority (U.S. Department of State) designated in accordance with the
International Child Abduction Act, for the purpose of locating any
parent or child on behalf of an applicant to that Central Authority.
Only information as to the state of residence shall be provided under
this section pursuant to 42 U.S.C. 663(e); (12) 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 pursuant to 42 U.S.C. 653(h)(3); (13) researchers for approved
research purposes found by the Secretary to be likely to contribute to
achieving the purposes of part A or part B of title IV of the Act, but
without personal identifiers pursuant to 42 U.S.C. 653(j)(5); (14) any
of the departments, agencies, or instrumentalities of the United States
or of any State for the purpose of locating the individual, information
on the individual's location, wages (or other income) from, and
benefits of, employment (including rights to or enrollment in group
health care coverage) and information on the type, status, location,
and amount of any assets of, or debts owed by or to, any such
individual pursuant to 42 U.S.C. 653(e); (15) a foreign reciprocating
country in cases involving residents of the United States and residents
of foreign countries that are the subject of a declaration under
section 459A of the Social Security Act. Information disclosed is the
State of residence of individuals sought for support enforcement
purposes pursuant to 42 U.S.C.659A(c)(2); (16) OCSE and HHS Office of
Inspector General, Office of Investigations, to identify, investigate,
and, where warranted, to a U.S. Attorney for Federal nonsupport
prosecution under 18 U.S.C. 228; (17) in the event of a breach of FCR
data, an authorized individual or entity for response and remedial
efforts related to such breach; and (18) an entity under contract to
operate the records in the FCR for the purpose of accomplishing an
agency function.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in the FCR are stored electronically at the Social Security
Administration's National Computer Center. Historical logs and system
backups are stored offsite at an alternate location.
[[Page 20309]]
RETRIEVABILITY:
System records can be retrieved by an identification number
assigned to a child support case by the State child support agency or
an SSN of the individuals whose records are maintained in the FCR.
SAFEGUARDS:
OCSE has established appropriate administrative, technical and
physical safeguards to ensure the security and confidentiality of
records maintained in the FCR. These safeguards include, but are not
limited to, the following:
(1) Administrative Safeguards. On an annual basis, a risk
assessment and a security assessment are conducted. Personnel are
required to undergo background checks and must participate annually in
security awareness training. (2) Technical Safeguards. Identification
and authentication controls for access to the system and for access to
the datasets are used, with audit logging for accountability. Records
are encrypted prior to transmission. Firewalls and intrusion detection
equipment are in place. (3) Physical Safeguards: Policies and
procedures limit physical access to the system and the facility in
which it is housed, while ensuring that authorized access is allowed.
Guards, electronic monitoring, access keys, personal badges and
physical barriers all contribute to the physical safeguarding of the
system and the records maintained therein.
Records maintained in the FCR are secured in full compliance with
Federal requirements, including the Federal Information Security
Management Act and the HHS Security Program Policy, and in accordance
with requirements governing a FIPS 199 categorized system. The FCR is
fully certified and accredited in accordance with HHS requirements and
guidance issued by the National Institute of Standards and Technology.
RETENTION AND DISPOSAL:
(1) Records provided from State child support agencies. (a)
Electronic records furnished by the State child support agency
containing child support case and order information (input files) are
retained for 60 days and then deleted. (b) State agency records (as
posted to the FCR) remain within the FCR until removed, upon
notification by the State agency that the case is closed and notifies
OCSE to remove it from the FCR, provided that, upon request, a sample
may be retained for research purposes found by OCSE to be likely to
contribute to achieving the purposes of child support programs or the
TANF program, but without personal identifiers. (c) Records pertaining
to closed cases are archived on the fiscal year basis and retained for
two years. Family violence indicators are removed from the individual's
record, upon request by the State that initiated the indicator. (2)
Locate requests and match results. (a) Locate requests submitted by
State child support agencies and other authorized persons are retained
for 60 days and are then deleted. (b) Audit trail records of locate
requests and disclosures of match results pursuant to those requests,
which include indications of which Federal agencies were contacted for
locate information, whether information was located, and the type(s) of
information returned to the requesting entity. These records are
archived once a year based on the fiscal year. The records are retained
for two completed fiscal years and then destroyed. These records
indicate the type of information located for the authorized user, not
the information itself. (c) Copies of records containing information
from the NDNH or other agencies obtained pursuant to locate requests
are provided to authorized persons through the FCR. They are maintained
within the FCR for one year for the purpose of electronically filtering
and suppressing redundant information from being transmitted. After one
year, the records are deleted. (3) Match results generated as a result
of FCR to FCR comparisons which locate individuals who are participants
in child support cases or orders in more than one state are transmitted
to the relevant States. Copies of FCR to FCR match results are retained
for 60 days and then deleted. (4) Any record relating or potentially
relating to a fraud or abuse investigation or a pending or ongoing
legal action including a class action, is retained until conclusion of
the investigation or legal action. (5) Copies of the FCR records
transmitted annually to the IRS for the purpose of administering the
earned income tax credit (routine use 12) are retained for one year and
then deleted.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Federal Systems, Office of Automation and
Program Operations, Office of Child Support Enforcement, Administration
for Children and Families, 370 L'Enfant Promenade, SW., 4th Floor East,
Washington, DC 20447.
NOTIFICATION PROCEDURES:
To determine if a record exists, write to the Systems Manager at
the address listed above. The Privacy Act requires that, except under
certain conditions specified in the law, only the subject of the
records may have access to them. All requests must be submitted in the
following manner: Identify the system of records to be searched, have
the request notarized to verify requestor's identity, and requestor
should indicate awareness that the knowing and willful request for or
acquisition of a Privacy Act record under false pretenses is a criminal
offense subject to a $10,000 fine. The requestor's letter must also
provide sufficient particulars to enable OCSE to distinguish between
records on subject individuals with the same name.
RECORD ACCESS PROCEDURES:
Write to the Systems Manager specified above to attain access to
records. Requestors should provide a detailed description of the record
content they are seeking.
CONTESTING RECORD PROCEDURES:
Contact the official at the address specified under the Systems
Manager above, and identify the record and specify the information to
be contested and corrective action sought with supporting justification
to show how the record is inaccurate, incomplete, untimely, or
irrelevant.
RECORD SOURCE CATEGORIES:
Records maintained within the FCR are furnished by State child
support agencies. Records disseminated from the FCR for the purpose of
providing locate information from the NDNH and other Federal agencies
are furnished by departments, agencies, or instrumentalities of the
United States or any State, employers, financial institutions, and
insurers or their agents. Records maintained for the purpose of
filtering redundant data are also furnished by these sources.
EXEMPTIONS CLAIMED FROM THE SYSTEM:
None.
[FR Doc. E8-7944 Filed 4-14-08; 8:45 am]
BILLING CODE 4184-01-P