81894 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Oklahoma: Oklahoma (FEMA 

Docket No.: B– 

1129) 

City of Del City (09– 

06–1014P).

May 6, 2010; May 13, 2010; 

The Oklahoman.

The Honorable Brian Linley, Mayor, City 

of Del City, P.O. Box 15177, Del City, 

OK 73155.

September 10, 2010 ....... 400233 

Texas: 

Montgomery 

(FEMA Docket No.: B– 

1124).

Unincorporated 

areas of Montgomery County 

(09–06–2479P).

April 14, 2010; April 21, 2010; 

The Courier.

The Honorable Alan B. Sadler, Montgomery County Judge, 501 North 

Thompson Street, Suite 401, Conroe, 

TX 77301.

August 19, 2010 ............. 480483 

Tarrant (FEMA 

Docket No.: 

B–1124).

City of Keller (09– 

06–2005P).

April 14, 2010; April 21, 2010; 

The Keller Citizen.

The Honorable Pat McGrail, Mayor, City 

of Keller, 1100 Bear Creek Parkway, 

Keller, TX 76248.

August 19, 2010 ............. 480602 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 10, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–32703 Filed 12–28–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 301, 302, 303, and 307 

Safeguarding Child Support 

Information 

AGENCY: Office of Child Support 

Enforcement (OCSE), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: The Personal Responsibility 

and Work Opportunity Reconciliation 

Act of 1996 (PRWORA) created and 

expanded State and Federal Child 

Support Enforcement databases under 

title IV–D of the Social Security Act (the 

Act) and significantly enhanced access 

to information for title IV–D child 

support purposes. States are moving 

toward a more integrated service 

delivery to better serve families and 

further the mission of the Child Support 

Enforcement program, while protecting 

confidential data. This final rule 

specifies requirements for: State Parent 

Locator Service responses to authorized 

location requests; and State Child 

Support Enforcement program 

safeguards for confidential information 

and authorized disclosures of this 

information. This final rule revises 

certain aspects of the State Parent 

Locator Service; Safeguarding Child 

Support Information final rule 

published on September 26, 2008 with 

an effective date delayed until 

December 30, 2010. This final rule will 

prohibit the disclosure of confidential 

and personally identifiable information 

to private collection agencies and 

expand disclosure to child welfare 

programs and the Supplemental 

Nutrition Assistance Program (SNAP). 

DATES: This rule is effective on 

December 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Paige Hausburg, OCSE, Division of 

Policy, (202) 401–5635, e-mail 

paige.hausburg@acf.hhs.gov. Deaf and 

hearing-impaired individuals may call 

the Federal Dual Party Relay Service at 

1–800–877–8339 between 8 a.m. and 5 

p.m. Eastern time. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

This final rule is published under the 

authority granted to the Secretary of the 

United States Department of Health and 

Human Services (Secretary) by sections 

1102, 453, 453A, 454, 454A, and 463 of 

the Act. Section 1102 of the Act, 42 

U.S.C. 1302, authorizes the Secretary to 

publish regulations that may be 

necessary for the efficient 

administration of the Child Support 

Enforcement program authorized under 

title IV–D of the Act (IV–D program). 

The provisions of this final rule 

pertaining to the Federal Parent Locator 

Service (Federal PLS) implement 

section 453 of the Act, 42 U.S.C. 653. 

Section 453 requires the Secretary to 

establish and conduct a Federal PLS to 

obtain and transmit specified 

information only to authorized persons 

for purposes of establishing parentage, 

or establishing, modifying, or enforcing 

child support obligations. Section 453 of 

the Act, 42 U.S.C. 653, also authorizes 

the Secretary to disclose information in 

the Federal PLS to the State Child 

Support Enforcement program 

(authorized under title IV–D of the Act), 

Temporary Assistance for Needy 

Families program (TANF or IV–A 

program authorized under title IV–A of 

the Act), Child Welfare Services 

program (IV–B program authorized 

under title IV–B of the Act), and Foster 

Care and Adoption Assistance program 

(IV–E program authorized under title 

IV–E of the Act) to assist States in 

carrying out their responsibilities under 

those programs. Section 463 of the Act, 

42 U.S.C. 663, also permits States to use 

information in the Federal PLS for the 

purpose of enforcing any Federal or 

State law with respect to a parental 

kidnapping or making or enforcing a 

child custody or visitation 

determination. In addition, the 

provisions of this final rule pertaining to 

the State Parent Locator Service (State 

PLS) implement section 454(8), 42 

U.S.C. 654(8), which requires each State 

IV–D program to establish a State PLS 

to locate parents by exchanging data 

with the Federal PLS and utilizing other 

information sources and records in the 

State. 

Several sections of the Act require 

safeguarding measures for information 

contained in State and Federal 

databases, including the National 

Directory of New Hires (NDNH) and the 

Federal Case Registry (FCR). Section 

454(8) requires States receiving funding 

under title IV–D to have a State plan 

providing that the State IV–D program 

will: (1) Establish a service to locate 

parents utilizing all sources of 

information and available records and 

the Federal PLS; and (2) disclose the 

information described in sections 453 

and 463 only to the ‘‘authorized 

persons’’ specified in sections 453 and 

463, subject to the privacy safeguards in 

section 454(26) of the Act. In addition, 

sections 453(m) and 463(c) restrict 

disclosure of confidential information 

maintained by the Federal PLS only to 

an ‘‘authorized person’’ for an 

authorized purpose and require the 

Secretary to establish and implement 

safeguards designed to restrict access to 

confidential information in the Federal 

PLS to authorized persons for 

authorized purposes. Section 453(l), 42 

U.S.C. 653(l), also specifies that 

information in the Federal PLS shall not 

be used or disclosed except as expressly 

provided in section 453. Section 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81895 

454(26), 42 U.S.C. 654(26), requires the 

State IV–D agency to have in effect 

safeguards, applicable to all confidential 

information handled by the State 

agency, that are designed to protect the 

privacy rights of the parties and prohibit 

disclosure of information in cases 

involving domestic violence or child 

abuse. Section 453A of the Act, 42 

U.S.C. 653a, requires States to establish 

and operate an automated directory 

containing information on newly hired 

employees and to use the information to 

assist in the administration of the State 

Child Support program and certain 

other specified programs listed in 

section 453A(h) of the Act. 

Additionally, sections 454(16) and 

454A, 42 U.S.C. 654(16) and 654a, 

require States to maintain computerized 

child support enforcement systems and 

to use the system to extract information 

necessary to enable the State IV–D 

agency (and other programs designated 

by the Secretary) to carry out their 

responsibilities under title IV–D of the 

Act and under such programs, and to 

have in effect safeguards on the access 

to and use of data in the State’s 

automated system. 

II. Background 

This final rule prohibits disclosure of 

confidential and personally identifiable 

information to private collection 

agencies (PCAs) and expands disclosure 

of information to child welfare programs 

authorized under titles IV–B and IV–E 

and the Supplemental Nutrition 

Assistance Program (SNAP). On 

September 26, 2008, a final rule, 

following a notice and comment period, 

entitled ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information,’’ was published in the 

Federal Register [73 FR 56422] to 

address requirements for State Parent 

Locator Service responses to authorized 

location requests, State IV–D program 

safeguarding of confidential 

information, authorized disclosures of 

this information, and restrictions on the 

use of confidential data and information 

for child support purposes with 

exceptions for certain disclosures 

permitted by statute. The effective date 

given for the final rule was March 23, 

2009. In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff entitled ‘‘Regulatory Review’’ [74 

FR 4435], on March 3, 2009, the 

Department published a notice in the 

Federal Register [74 FR 9171] seeking 

public comment on a contemplated 

delay of 60 days in the effective date of 

the rule entitled ‘‘State Parent Locator 

Service; Safeguarding Child Support 

Information.’’ In response to those 

comments, the Department issued a 

subsequent notice published in the 

Federal Register [74 FR 11879] on 

March 20, 2009, which delayed the 

effective date of the September 26, 2008 

rule by 60 days until May 22, 2009, in 

order to permit Departmental officials 

the opportunity for further review of the 

issues of law and policy raised by this 

rule. However, subsequent to 

publication of the March 20, 2009 

notice, the Department determined that 

additional time would be needed for 

officials to complete their review of the 

rule and to fully assess the substantive 

comments received in response to the 

March 3, 2009 notice. As a result, on 

April 15, 2009, a notice was published 

in the Federal Register [74 FR 17445] 

indicating that the Department was 

contemplating a further delay in the 

effective date of the ‘‘State Parent 

Locator Service; Safeguarding Child 

Support Information’’ final rule to 

December 30, 2010, and requesting 

comments on the delay of the effective 

date. In response to comments from the 

April 15, 2009 notice, the Department 

issued a subsequent notice, published in 

the Federal Register [74 FR 23798] on 

May 21, 2009 delaying the effective date 

of the September 26, 2008 rule to 

December 30, 2010. 

Although the March 3, 2009 and the 

April 15, 2009 notices invited 

comments on whether a delay in the 

rule’s effective date was needed ‘‘to 

allow Departmental officials the 

opportunity for further review and 

consideration,’’ both notices also 

generated focused substantive 

comments recommending changes to 

several particular provisions of the final 

rule that warranted further 

consideration. In addition to supporting 

a delay in the effective date of the rule, 

the comments raised specific policy 

concerns regarding two areas of the 

September 26, 2008 final rule: (1) The 

rules for disclosure of confidential and 

personally identifiable information 

about individuals maintained by State 

IV–D programs to a private, for-profit 

child support collection agency as an 

‘‘agent of a child;’’ and (2) the child 

welfare data exchange provisions of the 

rules in light of legislation enacted in 

October 2008 after publication of the 

final rule. 

With respect to disclosure of 

information to private collection 

agencies, concerns have been raised by 

commenters, Departmental officials, 

media coverage, litigation and program 

stakeholders that the government’s 

disclosure of confidential information to 

private child support collection 

agencies may not serve the children’s 

best interests. Specific concerns have 

been raised about the risks involved in 

disclosing confidential data to private 

collection agencies not acting as a 

State’s agent under a contractual 

relationship nor required to comply 

with ethics and confidentiality rules 

such as those governing State agencies 

and private attorneys, and whose 

business practices are largely 

unregulated and not subject to program 

oversight. 

Additionally, commenters on the 

March 3 and April 15, 2009 notices 

stated that a delay in the effective date 

would give the Administration an 

opportunity to conduct a review of the 

child welfare data exchange provisions 

to ensure that the provisions of the rule 

conform to The Fostering Connections 

to Success and Increasing Adoptions 

Act (Pub. L. 110–351), (the Fostering 

Connections Act) signed into law on 

October 7, 2008, eleven days after the 

Safeguarding Final Rule was published. 

On June 7, 2010, a Notice of Proposed 

Rulemaking (NPRM) was published in 

the Federal Register [75 FR 32145] 

which proposed limited changes to the 

final regulation published on September 

26, 2008 to address concerns identified 

by Department officials as well as those 

raised by commenters. Only selected 

portions of the ‘‘State Parent Locator; 

Safeguarding Child Support 

Information’’ final rule were addressed 

in the NPRM. The final rule published 

on September 26, 2008, in [73 FR 56442] 

will go into effect on December 30, 

2010. 

III. Summary Description of Regulatory 

Provisions 

The following is a summary of the 

regulatory provisions included in this 

final rule. The NPRM limited those 

sections of the final rule published on 

September 26, 2008 that were open for 

public comment. Affected sections 

include §§ 301.1, 302.35, 303.21, 303.69, 

303.70, and 307.13. Additionally, we 

made a conforming change to § 303.20, 

which did not appear in the NPRM. 

The Section-by-Section Discussion of 

the Regulations (Section IV) provides a 

detailed listing of the comments and 

responses. We considered each 

comment and where appropriate, 

amended the final rule. Specifically, 

changes include: 

In § 301.1 we added a definition of 

‘‘attorney of a child.’’ Commenters 

recommended a definition that requires 

the assurance of a genuine attorneyclient relationship which creates an 

ethical obligation to represent the best 

interests of the child and/or the child’s 

resident parent. The newly-added 

definition specifies that there is an 

attorney-client relationship with an 


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81896 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

ethical and fiduciary duty upon the 

attorney to represent the client’s best 

interests under applicable rules of 

professional responsibility. 

We made a technical change to the 

language in § 302.35(a)(2)(i) to include 

‘‘non-parent relatives’’ to the list of those 

individuals about whom the State PLS 

may disclose information under section 

453(a)(2) and 453(j)(3) of the Act for 

locate purposes. This was based on a 

comment that the rule was inconsistent; 

we agree and made the change 

accordingly. Additionally, this change is 

consistent with the change made to 

§ 302.35(d)(2) in accordance with the 

Fostering Connections Act. We changed 

the language at § 302.35(c) in response 

to a comment that, as written, the NPRM 

would mandate that Tribal IV–D 

programs would have to make 

attestation and provide evidence that 

they are an authorized program to 

which the State PLS may disclose locate 

information. It was not our intent to 

exclude authorization for Tribal IV–D 

programs which are a part of the Child 

Support Enforcement program and have 

an intergovernmental agreement with a 

State to access Federal PLS information 

as set forth in OCSE PIQT–10–01. 

Therefore, we added new language to 

§ 302.35(c)(1) providing that a Tribal 

IV–D agency that provides child support 

services under an approved Tribal IV– 

D plan and has an intergovernmental 

agreement in place with a State, entered 

into pursuant to section 454(7) of the 

Act for the provision of Federal PLS 

services, is an authorized program and 

may request locate information from the 

State PLS. 

Additionally, the commenters 

supported preventing disclosure of 

confidential information to private 

collection agencies. However, the 

commenters thought that attestation 

remained important for a parent, legal 

guardian, attorney, or agent of a child 

not receiving assistance under title IV– 

A of the Act. We agree and reinstated 

the attestation for those individuals 

listed above in § 302.35(c)(3)(iii). 

A conforming change was made to 

§ 303.20 that was not proposed in the 

NPRM. Previously, § 303.20(b)(7) 

referenced operation of the State PLS 

required under § 302.35. Because of the 

changes made to the regulatory language 

at § 302.35, it was necessary to make a 

conforming change for consistency by 

adding §§ 303.3 and 303.70 to the 

regulatory text at § 303.20(b)(7). 

The final change to the regulatory 

language is in §§ 303.70(d)(1), (3), and 

(4). This technical amendment was 

made to correspond with the change 

intended to permit disclosure of 

location information regarding nonparent relatives. The former paragraph 

referred to information provided to 

parents and putative fathers. The 

technical correction is necessary to 

eliminate any conflicts or confusion in 

providing non-parent relative 

information to IV–B and IV–E agencies. 

The phrase ‘‘non-parent relative’’ was 

added to § 303.70(d)(1). The language at 

§ 303.70(d)(2), which requires that a 

parent’s or putative father’s Social 

Security Number (SSN) be provided to 

the State PLS or Federal PLS for 

purposes of locating parents, putative 

fathers, or children for purposes related 

to title IV–D, IV–A, IV–B and IV–E was 

not changed. This also requires that the 

IV–D agency must make reasonable 

efforts to ascertain the individual’s SSN 

before making the submittal to the 

Federal PLS. It was not appropriate to 

add ‘‘non-parent relative’’ to this section 

because the IV–D agency is not required 

to ascertain the SSN of a non-parent 

relative prior to making a submittal to 

the Federal PLS. A new § 303.70(d)(3) 

was added to require that the submittal 

request contain the non-parent relative’s 

SSN, if known. Former § 303.70(d)(3) is 

thus renumbered to § 303.70(d)(4). 

Some commenters suggested changes 

to the Appendices based on changes in 

the proposed regulatory language. We 

amended the Appendices in three areas: 

one change was made to Appendix A 

and two changes were made to 

Appendix C. A suggestion was made 

that we include language in the 

‘‘Limitations’’ column in Appendix A as 

it relates to the State agency 

administering IV–B and IV–E programs 

in accordance with sections 453(c)(4), 

453(j)(3) and 454(8) of the Act. We agree 

and added language that indicates that 

any use of the information from the 

Federal PLS and the State PLS outside 

the purposes of section 453(a)(2) and 

453(j)(3) of the Act requires 

independent verification. The first 

change in Appendix C was to modify 

the term ‘‘food stamps’’ to ‘‘SNAP’’ for 

consistency with the regulatory 

language and the rest of the Appendix. 

This change was in the ‘‘Authorized 

person/program’’ under the portion of 

Appendix C that listed the authority for 

sections 453A(h)(2) and 1137 of the Act. 

The second change to the Appendix was 

to add a footnote. Commenters correctly 

noted that Appendix C did not reference 

the domestic violence language 

referenced in both Appendices A and B. 

This prohibition against the disclosure 

of information if there is a reasonable 

evidence of domestic violence or child 

abuse and the disclosure of such 

information would be harmful to the 

custodial parent (also referred to as 

resident parent) or child is required by 

sections 453(b)(2) and (3), 454(8) and 

(26) of the Act. 

IV. Section-by-Section Discussion of 

Comments 

This section provides a detailed 

discussion of comments received on the 

proposed rule, and describes changes 

made to the proposed rule. We referred 

generally to actions of the ‘‘Department’’ 

pursuant to the rule. The rule itself 

refers to actions of the ‘‘Secretary,’’ 

however, the day-to-day activities of the 

Secretary’s functions have been 

delegated and are exercised by other 

Department officials, primarily in the 

Administration for Children and 

Families. ‘‘Office’’ refers to the Federal 

Office of Child Support Enforcement 

(OCSE). We received comments from 26 

commenters including 12 State 

agencies, nine advocacy groups, two 

organizations, and three private citizens. 

The majority of comments related to 

State Parent Locator Service, § 302.35. 

General Comments 

Several comments not attributable to 

specific sections of the regulation are 

discussed below. 

1. Comment: All commenters 

supported the prohibition of disclosing 

confidential and personally identifiable 

information to private child support 

collection agencies (PCAs). 

Response: We agree that the 

prohibition of disclosing confidential 

and personally identifiable information 

to PCAs is an appropriate change to the 

regulation. The final rule reflects that 

position. 

2. Comment: All commenters 

supported the expansion of released 

information to title IV agencies, 

including IV–B and IV–E. 

Response: This final rule mandates 

the expansion provided in the proposed 

rules consistent with section 453(j)(3) of 

the Social Security Act, permitting 

disclosure of information to IV–B and 

IV–E agencies for a broader range of 

authorized purposes that was not fully 

addressed in the September 26, 2008 

regulation. Program responsibilities 

include locating relatives of children 

removed from parental custody in order 

to identify potential placements for the 

child and assist the State agency in 

permanency planning. Communication 

involving data matches and shared data 

between IV–D, IV–B, and IV–E programs 

serves the best interests of children and 

their families. 

3. Comment: One commenter stated 

that for child welfare purposes, 

noncustodial parents should be notified 

and considered as potential placements. 

This would occur when identifying 


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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81897 

relatives, providing notice to relatives, 

and placing siblings together. If the 

noncustodial parent is not an 

appropriate placement, the noncustodial 

parent may still be able to provide 

critical information to aid in making 

prompt and appropriate arrangements 

for children. 

Response: We agree that it may be 

appropriate for children to be placed 

with their biological (both custodial and 

noncustodial) parents, consistent with 

child welfare program policies and the 

best interests of the children. This 

regulation provides for information 

concerning relatives, including the 

noncustodial parent under 

§ 305.35(d)(1), to be released to the IV– 

B and IV–E agencies. 

4. Comment: One commenter was 

supportive of restricting access to PCAs, 

but questioned the policy in PIQ 02–02 

that, as written, would allow custodial 

parents to change their addresses to a 

PCA address. 

Response: As discussed in the 

preamble to the NPRM, PIQ–02–02, 

Requests by Custodial Parents for a 

Change of Address for the Disbursement 

of the Custodial Parent’s Share of Child 

Support Collections allowed a custodial 

parent to change his or her address to 

that of a PCA. The redirection of 

payments by a PCA and the policy to 

allow a custodial parent to change his 

or her address to that of a PCA, will be 

considered under a separate rulemaking 

authority. 

On August 14, 2009, OCSE issued 

DCL–09–22, Private Collection Agencies 

and Redirection of Payments. This DCL 

indicated that OCSE had been alerted to 

the fact that some PCAs have instructed 

employers to redirect child support 

payments away from a State 

Disbursement Unit (SDU) to a PCA. In 

accordance with sections 454B, 

466(a)(1)(A), 466(a)(8), and 466(b)(5) of 

the Act, payments in all IV–D cases and 

in non-IV–D cases in which the initial 

support order was issued on or after 

January 1, 1994 and in which the 

obligor’s income is subject to wage 

withholding must be paid through the 

SDU. 

5. Comment: One commenter 

expressed concern that the answer to 

question one in PIQ 03–05 conflicts 

with the NPRM, and should be changed. 

Response: We agree. PIQ–03–05, 

Guidance on Private Collection 

Agencies—Agent of a Child and Third 

Party Address for Correspondence 

addressed inquiries requesting 

clarification on issues related to PCAs. 

The PIQ indicated that because ‘‘agent of 

a child’’ was not defined, a ‘‘for profit, 

private collection agency or private 

attorney could act as an ‘agent of a 

child’ provided it has a valid contract 

that meets the State’s statutory and 

regulatory requirements for acting as an 

agent, if any,’’ and was thus authorized, 

under section 453(b)(1) and (c), to 

access confidential information from the 

Federal and State PLS. 

This final rule adds a definition of 

‘‘agent of a child.’’ Under the definition 

of ‘‘agent of a child,’’ a PCA no longer 

qualifies as an authorized person to 

receive confidential and personally 

identifiable information. In the final 

rule ‘‘agent of a child’’ means a caretaker 

relative having custody of or 

responsibility for the child. We will 

revise the PIQ after publication of the 

final rule to ensure consistency with the 

regulation. 

6. Comment: The proposed effective 

date for changes is not sufficient time to 

implement the changes. The commenter 

expressed concerns about the difficulty 

for States to implement the final rule as 

published on September 26, 2008 and 

then implement this final rule. 

Response: The delay in 

implementation of the final rule 

published on September 26, 2008 was 

necessitated by the concerns raised by 

Departmental officials and commenters. 

We believe that the differences in the 

proposed and final regulation are not so 

great that the implementation cannot be 

accomplished. OCSE is prepared to 

provide assistance to States as needed. 

Section 301.1, ‘‘Agent of a Child’’ 

Definition 

1. Comment: Many commenters 

agreed with the inclusion of ‘‘caretaker 

relative’’ in the definition of ‘‘agent of a 

child.’’ Other commenters suggested 

removing ‘‘relative’’ from the definition, 

and a few commenters proposed 

narrowing the definition to include only 

a court-appointed conservator or 

guardian ad litem. One commenter 

suggested adding ‘‘non-parent relative’’ 

to the definition. 

Response: As noted in the preamble to 

the NPRM, ‘‘caretaker relative’’ is a 

longstanding term used in the TANF 

program and recognizes the practical 

reality that children are sometimes left 

in the care of a relative even though the 

relative may not have been appointed by 

a court. This language allows 

appropriate family members to advocate 

for the child’s best interests. The 

definition also prohibits PCAs, which 

may have financial motives separate, or 

even adverse to the child’s best 

interests, from acting as the child’s 

agent. We did not see the need to 

provide a specific definition for legal 

guardian. 

2. Comment: One commenter agreed 

with our definition, but questioned 

whether a Tribal IV–D agency’s ability 

to access the Federal PLS is supported 

by the definition of ‘‘agent of a child.’’ 

Response: We agree and have revised 

the final rule to clarify that a Tribal IV– 

D agency’s authority to access 

information contained in the Federal 

PLS and State PLS is at newly added 

language at § 302.35(c)(1) which 

includes a Tribal IV–D agency as an 

authorized program. 

Section 301.1, ‘‘Attorney of a Child’’ 

Definition 

1. Comment: In the NPRM, we 

specifically sought comments on 

whether to add a definition of ‘‘attorney 

of a child’’ to the final rule. Several 

commenters thought a definition was 

necessary for ‘‘attorney of a child’’ for 

various reasons. Some commenters 

thought that it was important to clarify 

that attorney, as referenced in section 

453(c)(3) of the Act refers to attorney of 

a child, not an attorney for either parent. 

Other commenters thought it was 

important that OCSE adopt a definition 

that requires assurance of a genuine 

attorney-client relationship that creates 

an ethical obligation to represent the 

best interests of the child. Another 

commenter stated that the language in 

the NPRM regarding the phrase 

‘‘attorney of a child,’’ was too broad and 

needed to be defined. 

Response: We are persuaded that a 

definition is necessary, and we have 

revised § 301.1 to provide the following 

definition: ‘‘Attorney of a child means a 

licensed lawyer who has entered into an 

attorney-client relationship with either 

the child or the child’s resident parent 

to provide legal representation to the 

child or resident parent related to the 

establishment of paternity, or the 

establishment, modification, or 

enforcement of child support. An 

attorney-client relationship imposes an 

ethical and fiduciary duty upon the 

attorney to represent the client’s best 

interests under applicable rules of 

professional responsibility.’’ (Please note 

that ‘‘resident parent’’ is also referred to 

as ‘‘custodial parent’’.) 

Section 302.35—Parent Locator Service 

1. Comment: One commenter 

correctly noted that although 

§§ 302.35(a) and (b) were not open for 

comment, a clarification was necessary 

to add ‘‘non-parent relative’’ to authorize 

disclosure of locate information for title 

IV–B and title IV–E purposes in 

§ 302.35(a)(2) consistent with the 

change made to § 302.35(d)(2). 

Response: We agree with this 

comment and made this technical 

correction to the final rule at 

§ 302.35(a)(2)(i) to read, ‘‘The State PLS 


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81898 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

shall access and release information 

authorized to be disclosed under section 

453(a)(2) and 453(j)(3) of the Act from 

the Federal PLS and, in accordance with 

State law, information from relevant inState sources of information and 

records, as appropriate, for locating 

custodial parents, noncustodial parents, 

non-parent relatives, and children upon 

request of authorized individuals 

specified in paragraph (c) of this 

section, for authorized purposes 

specified in paragraph (d) of this 

section.’’ An additional change was 

made to § 302.35(a)(2)(i) that authorizes 

disclosure of information about relatives 

of children involved in IV–B and/or IV– 

E cases in accordance with the Fostering 

Connections Act. 

2. Comment: One commenter said that 

the language at § 302.35(c) and 

Appendix A indicates that a request 

involving a child not receiving IV–A 

assistance is a non-IV–D requests. Many 

children who are not receiving IV–A 

assistance are participants in a IV–D 

case. 

Response: We agree that many 

children who are not receiving IV–A 

assistance may be participants in a IV– 

D case. However, this authorized 

purpose of the request example is 

specific to non-IV–D child support 

cases. The language is based on section 

453(c)(3) of the Act. 

3. Comment: One commenter, 

although supportive of the goal of 

denying access to Federal PLS 

information to a PCA, proposed that we 

do not delete § 302.35(c)(3)(iii) since it 

did not solely apply to PCAs, and also 

required evidence of a relationship 

between the requestor and the child. 

Another commenter suggested that it is 

not burdensome to request an attestation 

that the requestors are who they purport 

to be, especially when it comes to 

releasing confidential information. This 

same commenter suggested that we add 

‘‘resident’’ to the regulatory language. 

Response: We agree with the 

commenters and have added 

§ 302.35(c)(3)(iii) requiring an 

attestation from a resident parent, legal 

guardian, attorney, or agent of a child. 

The addition of ‘‘resident’’ is appropriate 

as it is consistent with the statutory 

language. Section 453(c)(3) of the Act 

includes the definition of ‘‘authorized 

person’’ as a resident parent. The final 

rule at § 302.35(c)(3)(iii) is amended to 

read: ‘‘Attests that the requestor is the 

resident parent, legal guardian, or 

attorney, or agent of a child not 

receiving assistance under title IV–A.’’ 

4. Comment: Many commenters were 

pleased with broadened disclosure of 

information allowed by § 302.35(d) for 

the disclosure of an individual’s 

location, income, employment benefits, 

assets, debts, child support history, 

Family Violence Indicator (FVI), and 

other confidential information not only 

for parents, but non-parent relatives as 

well. One commenter explained that the 

broadened purposes will assist in 

carrying out IV–B and IV–E’s 

responsibility to administer their 

programs. 

Other commenters wanted to limit 

disclosure to non-parent relatives and 

were primarily concerned with privacy 

for family violence victims. One 

commenter who wanted to limit 

disclosure expressed concern that the 

option for State IV–D agencies to share 

with other child welfare agencies a 

broader range of data elements than 

available in the Federal PLS raises 

safety, information reliability, and 

privacy concerns for domestic violence 

victims. 

One commenter prefers limiting data 

access to ‘‘the extent necessary’’ to 

achieve an authorized purpose. The 

commenter elaborated that this language 

would protect the privacy rights of 

individuals as information regarding an 

individual’s assets and debts would 

rarely be necessary to establish parental 

rights, and the availability of health 

insurance would not be relevant 

towards locating a non-parent relative 

for placement of a child. 

Response: Section 105 of the 

Fostering Connections Act amended 

section 453(j)(3) of the Social Security 

Act to expand the authority for 

information comparisons and 

disclosures of information from the 

Federal PLS for title IV program 

purposes to include child welfare and 

foster care programs funded under IV– 

B and IV–E of the Social Security Act. 

The law authorizes disclosure of 

information in the Federal PLS and 

State PLS to conduct data matches and 

share data with child welfare agencies 

‘‘to the extent and with the frequency 

that the Secretary determines to be 

effective in assisting States to carry out 

their responsibilities under this part [D], 

part B or E, and programs funded under 

part A.’’ This final rule reflects the 

extent to which that data matching and 

sharing is appropriate in assisting States 

to carry out their responsibilities. 

The purpose of broadening disclosure 

of information about non-parent 

relatives is to promote communication 

and efficiency between title IV agencies. 

Many of the commenters realized this 

and were pleased with the policy. Some 

commenters were justifiably concerned 

about disclosing information in family 

violence cases. The Act addresses their 

concerns. Under sections 453(b)(2) and 

(3), 454(8), and 454(26) of the Act, no 

information may be disseminated 

regarding a family violence case. 

Section 453(b)(2) of the Act states that 

‘‘* * * No information shall be 

disclosed if the State has notified the 

Secretary that the State has reasonable 

evidence of domestic violence or child 

abuse and the disclosure of such 

information could be harmful to the 

custodial parent or the child of such 

parent * * *.’’ Please refer to the 

‘‘Limitations’’ column in Appendices A, 

B, and C. This statutory limitation is 

reflected in Appendices A, B, and C. 

Additionally, the final rule at sections 

302.35(e) and 303.21(e) published in the 

Federal Register on September 26, 2008 

[73 FR 56422] prohibits the release of 

information when the State has 

reasonable evidence of domestic 

violence or child abuse. 

We take these requirements very 

seriously and are committed to ensuring 

that information is not shared that might 

jeopardize the safety of an individual 

thought to be a victim of family violence 

or child abuse. The intention of the FVI 

is to protect the victim whether the 

victim is the child, the custodial parent 

or the noncustodial parent. We are 

working closely with the Family and 

Youth Services Bureau, Family Violence 

Prevention and Services Program in the 

Administration for Children and 

Families on this critical issue. We also 

plan to reach out to domestic violence 

programs in developing guidance and 

training. In fact, we currently lead a 

Domestic Violence Collaboration Work 

Group which includes representatives 

from the National Resource Center on 

Domestic Violence and the Family 

Violence Prevention and Services 

Program. 

5. Comment: Two commenters stated 

that these final regulations should 

clarify that States will provide 

assurances that their title IV–D and IV– 

E agencies will collaborate, through an 

interagency agreement, to ensure that 

child welfare agencies safely and 

appropriately handle cases with an FVI 

flag. These agreements should address 

the manner and information to be 

shared. In addition, required training 

should address confidentiality, the 

impact of family violence, posttraumatic stress disorder, and cultural 

competency. OCSE and the Children’s 

Bureau should consider issuing a joint 

guidance to assist States in crafting 

interagency agreements. 

Response: We agree that when there is 

data sharing between two agencies, an 

interagency agreement strengthens the 

integrity of safeguarding the information 

between the agencies involved. 

Interagency training between IV–D, IV– 

B and IV–E agencies is appropriate to 


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ensure proper implementation of this 

final regulation. As we work to 

operationalize these regulations, we will 

develop joint guidance with our Federal 

counterparts in the child welfare and 

domestic violence programs on 

interagency agreements and conduct 

extensive outreach to State child 

support and child welfare programs. 

6. Comment: Two commenters 

opposed establishing separate standards 

for disclosure for the Federal PLS and 

State PLS. One commenter requested 

that the regulations or other Federal 

guidance make clear, when referring to 

State IV–B and IV–E agencies for the 

purpose of receiving information under 

the proposed regulations, that political 

subdivisions of the State should be 

considered. 

Response: The Federal PLS is not part 

of the State PLS. Requests for 

information from the Federal PLS must 

flow through the State PLS, and each 

State’s standards are different based on 

sources of information each State 

receives in accordance with the State’s 

law. For example, some States may have 

additional enforcement remedies that do 

not exist in the Federal PLS, such as 

seizure of lottery or gambling winnings. 

In addition, States administer the 

placement of children involved in IV–B 

and IV–E cases, and must abide by 

minimum Federal guidelines. States 

have broad discretion to implement 

their IV–B and IV–E programs, as long 

as they comport with the minimum 

Federal guidelines. 

7. Comment: The regulation should 

acknowledge that establishing parental 

rights is part of assisting States to carry 

out their responsibilities under IV–B 

and IV–E. 

Response: We agree that establishing 

parental rights is part of assisting States 

to carry out their responsibilities under 

titles IV–B and IV–E of the Act. We will 

work with our IV–B and IV–E colleagues 

in defining States’ program 

responsibilities. 

8. Comment: Two commenters raised 

a number of questions about 

information that is gathered as part of 

the application process for child 

support services and kept on file at the 

child support agency. These 

commenters wanted to know: What type 

of case-specific information is currently 

entered and retained in OCSE databases; 

whether location information could be 

separated from other types of 

information in the databases; if notice is 

provided to IV–D clients about the types 

of information entered and retained in 

the databases, and with whom and for 

what purposes may it be shared. The 

commenters also wanted to know 

whether there are opportunities 

available for the person providing the 

information to view and correct 

inaccuracies before sharing occurs; if 

informed consent is provided prior to 

OCSE sharing information with other 

agencies; if the client has the ability to 

limit any aspect of data sharing, and 

whether IV–D workers could be subject 

to a subpoena in child welfare cases in 

which decisions were made based on 

data secured from the OCSE database. 

Response: Applications for child 

support services, although developed by 

each State agency, must contain 

Federally required data elements which 

are uploaded onto the State’s automated 

system. OCSE’s databases, such as the 

National Directory of New Hires and the 

Federal Case Registry must have system 

of records notices that provide notice to 

the public with respect to the collection 

of information on individuals and 

procedures for contesting the accuracy 

of a record. The system of records 

notices are currently in the process of 

being updated and should be in effect 

prior to the effective date of this rule. 

Also, see the Privacy Act and Paperwork 

Reduction Act notice on the Internal 

Revenue Service form W–4 form, 

available at http://www.irs.gov/pub/irspdf/fw4.pdf. 

Additionally, location information 

can be separated from other types of 

data. Many States have a generic 

disclosure statement regarding the 

information collected on individuals 

and with whom it may be shared. States 

also proactively urge clients to update 

demographic information. A growing 

trend among States is the establishment 

of customer service Web sites which 

permit and/or encourage clients to 

review and update other information in 

the State’s database. 

Informed consent is not provided 

prior to OCSE sharing information with 

other agencies. Title IV–B and IV–E 

agencies are authorized by law to access 

this information under section 453(j)(3) 

of the Act for the purpose of carrying 

out their programs. Redisclosure of 

information is not addressed in this 

rule. Presently, such information must 

be independently verified before 

redisclosure by the IV–B or IV–E agency 

is permitted. 

9. Comment: One commenter stated 

that 42 U.S.C. 653(j) clearly seemed to 

contemplate that not only will the IV– 

D agency share matches—the pairing of 

a known identity with additional 

elements—but it also will disclose 

information, including the identity of a 

person who may not previously have 

been known, to the IV–B and IV–E 

agency. 

Response: This final regulation 

authorizes the sharing of information 

with IV–B and IV–E agencies available 

through the State PLS to locate relatives 

for potential placement of a child 

removed from parental custody, to place 

siblings in groups, and to otherwise 

assist State agencies in permanency 

planning activities. Information which 

may be disclosed about a child or a 

relative of children involved in IV–B 

and IV–E cases is limited to name, SSN, 

most recent address, employer name, 

and address and employer identification 

number. To the extent that a relative is 

‘‘identified’’ through use of the Federal 

PLS and the State PLS, that information 

may be shared with IV–B and IV–E 

agencies. This final regulation also 

authorizes the sharing of information 

with IV–B and IV–E agencies available 

from the statewide automated system 

pursuant to section 454A(f)(3) of the 

Act, to assist such programs to carry out 

program functions. 

Child welfare agencies do not have 

direct access to statewide child support 

automated systems to permit IV–B and 

IV–E caseworkers to search for data. 

Only certain IV–D staff have direct 

access to the Federal PLS. Courts and 

other programs do not. State IV–A, IV– 

B, and IV–E agencies will work together 

to develop appropriate transactions for 

an automated information exchange 

between the agencies to ensure 

adherence to proper data safeguarding 

standards as set forth in this regulation. 

10. Comment: One commenter said 

that New York State is a Statesupervised, county administered State. 

The commenter would like to know 

explicitly how the process of access to 

information from the State PLS would 

function in that State. The commenter 

also asked whether the information 

would be available directly to the local 

departments of Social Services, and how 

requests for information would be 

transmitted and received. 

Response: We acknowledge that 

States organize and operate their 

programs differently. OCSE is currently 

in discussions with our Federal 

counterparts in the child welfare and 

domestic violence programs to develop 

broad based implementing guidance 

that States can use in their specific 

operational environments. 

11. Comment: One commenter asked 

if the final regulation imposes any 

limitations on redisclosure of 

information by local departments of 

social services in performing their child 

welfare functions. 

Response: We direct the commenter to 

Appendix A. Whether redisclosure is 

permitted depends upon the purpose of 

the inquiry, and the agency requesting 

the data. Title IV–B and IV–E agencies 

are authorized by law to access this 


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81900 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

information for the purpose of carrying 

out their programs. Redisclosure of 

information is not addressed in this 

rule. Presently, such information needs 

to be independently verified before 

redisclosure is permitted. OCSE and its 

counterparts in Federal child welfare 

and domestic violence programs will 

provide instructions in the future. 

12. Comment: One commenter noted 

that currently there is a jointly-issued 

administrative directive which 

references how referrals for locating 

absent parents travel from child welfare 

to local IV–D units. The local IV–D units 

access Federal PLS and State PLS and 

return information back to local child 

welfare agencies. The commenter would 

like to see a new jointly-issued 

administrative directive as a result of 

the publication of this final rule. 

Response: We agree that the jointly 

issued directive: ACYF–CB–IM–07–06/ 

OCSE–IM–07–06, Appropriate Referrals, 

Requests for Location Services, Child 

Support Applications, and Electronic 

Interface between Child Welfare and 

Child Support Enforcement Agencies, 

issued on September 6, 2007, is an 

important document for the 

interoperability of the child support, 

domestic violence, and child welfare 

programs. We will collaborate with the 

Administration on Children, Youth and 

Families of HHS to update this joint 

document as appropriate. 

13. Comment: One commenter 

suggested that the purpose of disclosure 

should guide the amount of information 

disclosed rather than the specific 

relative relationship between the 

requester and the child. The commenter 

supported the broader disclosure 

regulated at § 302.35(d)(1) and the more 

limited disclosure regulated at 

§ 302.35(d)(2). 

Response: We agree with the 

commenter. As provided in the 

regulation, the purpose of a request does 

control the nature of the data disclosed. 

The Appendices provide guidance as to 

the information that may be disclosed 

and the agencies to which the 

information may be disclosed 

depending on the purpose for which the 

information is being requested. 

14. Comment: One commenter stated 

that title IV–B and IV–E agencies should 

be provided with at least the six pieces 

of information [name, Social Security 

Number, address, employer’s name, 

employer’s address, and employer 

identification number]. The commenter 

also encouraged the sharing of 

additional contact information, such as 

telephone numbers and e-mail 

addresses, if the Federal PLS or State 

PLS maintains these sources of 

information. 

Response: The final regulation at 

§ 302.35(d)(2) clearly establishes that for 

the purposes of assisting States to carry 

out their responsibilities to administer 

the IV–B and IV–E programs, the 

information that may be disclosed with 

respect to a child or relative of a child 

involved in a IV–B or IV–E case is 

limited to: Name, SSN, most recent 

address, employer name and address, 

and employer identification number. 

The Federal PLS does not maintain 

additional contact information such as 

telephone numbers and e-mail 

addresses. Additionally, if the case has 

an FVI marker, then no information 

about the case may be shared for any 

reason. Section 453(b)(2) of the Act says: 

‘‘no information shall be disclosed if the 

State has reasonable evidence of 

domestic violence or child abuse and 

the disclosure of such information could 

be harmful to the custodial parent or the 

child.’’ Information from cases marked 

with the FVI may be released to a court 

or an agent of a court pursuant to the 

procedure set forth in section 

453(b)(2)(A) and (B). 

15. Comment: One commenter stated 

that child welfare agencies do not need 

extensive information if their intent is to 

locate noncustodial parents, or to 

identify and/or locate grandparents or 

other relatives to carry out the purpose 

of the IV–B or IV–E program. The 

commenter encourages sharing any 

other contact information such as 

telephone numbers and e-mail 

addresses, if they are maintained on the 

State PLS or Federal PLS. 

Response: As stated above, the 

information that may be disclosed about 

a child or relative of a child involved in 

a IV–B or IV–E case is limited to name, 

SSN, most recent address, employer 

name and address, and employer 

identification number. 

16. Comment: One commenter noted 

that section 453(j)(3) of the Act directs 

the Secretary to disclose Federal PLS 

information to State agencies and the 

regulation directs the State PLS to 

disclose confidential information only 

from in-State sources regarding nonparent relatives; the regulation also 

excludes IV–B and IV–E agencies from 

receiving Federal PLS information 

regarding non-parent relatives. The 

commenter questioned the statutory 

authority for § 302.35(d)(2). The 

commenter recommended deleting 

§ 302.35(d)(2) because the lack of a clear 

statutory basis creates liability for State 

IV–D agencies. 

Response: We disagree that there is 

not a clear statutory basis for the 

disclosure of information at 

§ 302.35(d)(2). The Fostering 

Connections Act amended section 

453(j)(3) of the Act to include IV–B and 

IV–E agencies. While certain IV–D staff 

have direct access to the Federal PLS; 

courts and other programs do not have 

access. Requests for information from 

the Federal PLS must flow through the 

State PLS. Federal PLS information is 

not excluded. 

17. Comment: Two commenters said 

that if data was exchanged between 

child support and child welfare 

agencies through an interagency 

agreement, provisions for 

implementation and enforcement of 

privacy and family violence safety 

protections should be required. This 

final rule should mandate the 

provisions to be included in the 

interagency agreements to facilitate 

compliance with the safeguarding rules. 

Those agreements should also contain 

provisions for informed consent to 

disclosures. 

Response: As stated earlier in this 

preamble, when there is data sharing 

between two agencies, an interagency 

agreement strengthens the integrity of 

the agencies involved to safeguard the 

information. Intergovernmental 

agreements support the integrity and 

security of an intergovernmental system 

when data is shared. Any interagency 

agreement should contain provisions 

that comport with this final rule. 

Disclosures under section 453 of the Act 

do not require consent of the individual. 

Such disclosures are considered to be a 

routine use of the information collected 

under the Privacy Act. 

18. Comment: One commenter noted 

that the Children’s Bureau recently 

issued guidance on The Fostering 

Connections Act, encouraging States to 

employ a consistent definition of 

‘‘relative’’ for the purposes of any 

guardianship assistance program and 

any notification that is carried out 

pursuant to The Fostering Connections 

Act. States are permitted to include nonblood relatives or ‘‘fictive kin’’ when 

defining ‘‘relative.’’ The commenter 

suggests States be provided the latitude 

to use ‘‘fictive kin’’ when implementing 

this rule. 

Response: OCSE defers to States’ 

definitions of ‘‘relative.’’ 

Section 303.21—Safeguarding and 

Disclosure of Confidential Information 

1. Comment: One commenter stated 

that under § 303.21(d)(1), the IV–D 

agency is not required to provide locate 

services to other State agencies 

performing duties under title IV, XIX, 

XXI, and SNAP if it is determined that 

doing so would interfere with the IV–D 

agency meeting its own obligations. The 

commenter said that the same provision 

should apply when providing location 


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information to authorized individuals in 

non-IV–D cases under section § 302.35. 

Response: The statutory change made 

by The Fostering Connections Act 

contemplates that child support 

agencies will exchange data with IV–B 

and IV–E programs. 

2. Comment: One commenter said that 

the response to comment 32, page 56437 

of the final rule, published on 

September 26, 2008, implies that before 

IV–D agencies can disclose address or 

employment information received from 

the FCR or NDNH to the Medicaid 

agency, the IV–D agency is expected to 

verify the information through postal 

verifications or wages. 

Response: The response to comment 

32 in the final rule published on 

September 26, 2008, was meant as an 

example. We used postal verification in 

that instance for illustrative purposes 

only. Independent verification, as 

defined in § 303.21(a)(2), is still valid: 

‘‘Independent verification is the process 

of acquiring and confirming confidential 

information through the use of a second 

source. The information from the 

second source, which verifies the 

information about NDNH or FCR data, 

may be released to those authorized to 

inspect and use the information as 

authorized under the regulations or the 

Act.’’ This final rule did not change 

§ 303.21(a)(2). 

Section 303.70—Procedures for 

Submissions to the State Parent Locator 

Service (State PLS) or the Federal Parent 

Locator Service (Federal PLS) 

1. Comment: One commenter noted 

that although not open for comment, 

§ 303.70(d)(1) needs to be revised to 

correspond with the change intended to 

permit location information for nonparent relatives. The paragraph refers to 

information to be provided to parents 

and putative parents. Without 

corresponding changes, the commenter 

noted conflicts may arise in providing 

non-parent relative information to IV–D 

and IV–B agencies. 

Response: We agree that a conforming 

change is appropriate and have made 

the corresponding change. The final 

regulation at § 303.70(d)(1) now reads: 

‘‘The parent’s, putative father’s or nonparent relative’s name; * * *.’’ 

2. Comment: One commenter 

observed that State IV–D directors are 

required to annually attest that the State 

IV–D agency only will obtain 

information from the Federal PLS that 

meets Federal requirements. Any 

conflict in requirements for State PLS 

and Federal PLS increases the risks for 

States that must interpret and apply the 

law correctly. 

Response: States should continue to 

be diligent in meeting requirements and 

assessing risks. States are responsible 

for applying these laws. 

Section 307.13—Security and 

confidentiality for computerized 

support enforcement systems in 

operation after October 1, 1997 

1. Comment: One commenter stated 

that the automated systems guide 

requires States to have data exchanges 

with title XXI for establishing and 

enforcing medical support. The 

elements include address, name, 

employer, and employer address. In 

Florida, all SSNs are verified by the 

Federal Case Registry (FCR). The FCR is 

the only verification source used for 

SSNs. Under the new requirements, 

States will be required to reprogram 

systems to identify each data element’s 

verification source, isolate National 

Directory for New Hires (NDNH) and 

FCR sources and only exchange data 

that does not have a verification source 

of NDNH and FCR. The commenter 

further explained that the final rule in 

2008 (73 FR 56437, response to 

comment 42) stated that independent 

verification is not required but ‘‘is 

merely a condition that must be met if 

the State wishes to use or disclose 

information for non-IV–D purposes to 

non-authorized persons. There is no 

such restriction in IV–D cases.’’ That 

rule says that IV–D agencies are 

required to exchange information with 

title XIX and SSI using the automated 

system and would not require 

independent verification because it was 

used for IV–D purposes. Is that still the 

case or does this new rule supersede 

that? 

Response: This rule revised only 

certain sections of the State Parent 

Locator Services, Safeguarding Child 

Support Information; Final Rule that 

was published on September 26, 2008. 

This final rule does not change the fact 

that child support agencies may 

exchange data from the automated child 

support system with title XIX and title 

IV programs under section 454A(f)(3) of 

the Act, and sections 303.21(d)(1) and 

307.13(a)(3) and (4), without 

independent verification. The only 

limitation in the final rule is that IRS 

information must be independently 

verified before being exchanged with 

title IV or title XIX programs and 

MSFIDM data may not be shared, even 

if independently verified. Therefore, 

this final rule does not supersede the 

final rule published on September 26, 

2008 [73 FR 56422] as it relates to data 

exchanges with title XIX agencies. 

Regarding the SSI program, SDNH 

information may be shared for benefits 

eligibility verification pursuant to 

section 453A(h)(2) 

2. Comment: One commenter was 

pleased to see the inclusion of SNAP on 

the list of authorized recipients of child 

support information. Another 

commenter questioned the different 

requirements for disclosure in 

§ 307.13(a)(3) and § 307.13(a)(4)(iii) and 

§ 307.13(a)(4)(iv). 

Response: The commenter was correct 

that there are different requirements for 

disclosure under § 307.13(a)(3) and 

§ 307.13(a)(4)(iii) and § 307.13(a)(4)(iv). 

Under § 307.13(a)(3), information may 

be disclosed to Medicaid, SNAP, and 

CHIP to the extent necessary to carry out 

their program responsibilities to the 

extent that the information disclosure 

does not interfere with the IV–D 

program meeting its own obligations. 

Under § 307.13(a)(4), the disclosure of 

NDNH, FCR, FIDM, and IRS information 

may not be shared outside the program 

except with IV–B and IV–E agencies. 

Under section 454A(f)(3) of the Act, the 

Secretary has designated the title IV 

programs and thus authorized the 

release of that information to title IV 

programs. Title IV–B and IV–E programs 

are within the scope of the authority as 

set forth by those delegations. 

Appendices 

1. Comment: One commenter said that 

in the final rule published on September 

26, 2008, the response to comment 39 

stated that not all information received 

from the FCR is part of the FCR database 

and not subject to independent 

verification. Appendix A does not 

specify which data elements available 

from the FCR are subject to independent 

verification and which are not subject to 

independent verification. The 

commenter further explained that States 

need specific information on which data 

elements in which automated files are 

subject to independent verification. 

Response: The data that is subject to 

independent verification is dependent 

upon several factors. The charts in the 

Appendices to this final rule are 

intended to assist the States in 

determining what data can be shared 

with which agencies from the different 

systems of information available to the 

State. i.e., the automated statewide child 

support enforcement system, the State 

PLS, or the State Directory of New 

Hires, and for which purposes. OCSE 

will continue to assist States in ensuring 

that their statewide child support 

enforcement systems are programmed to 

be compliant with these data 

safeguarding rules. 

2. Comment: One commenter said that 

the language in the ‘‘Limitations’’ 

column in Appendix A that states, ‘‘no 


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Internal Revenue Service information 

provided for non-IV–D cases unless 

independently verified’’ should be 

eliminated because IRS tax information 

cannot be disclosed for any reason, IV– 

D or non-IV–D, unless obtained by a 

third party. The preamble to the rule 

published on September 26, 2008 states: 

‘‘There is no way to independently 

verify Federal Tax refund offset 

information. We continue to work with 

the Department of Treasury and the 

Congress to resolve this issue.’’ 

Response: We are not persuaded that 

this language should be eliminated from 

the Appendix. Independent verification, 

as defined in § 303.21(a)(2), is still valid 

and reads: ‘‘Independent verification is 

the process of acquiring and confirming 

confidential information through the 

use of a second source. The information 

from the second source, which verifies 

the information about NDNH or FCR 

data, may be released to those 

authorized to inspect and use the 

information as authorized under the 

regulations or the Act.’’ 

3. Comment: One commenter 

requested changes to the ‘‘Limitations’’ 

column in Appendix A. The commenter 

said that multi-State and in-State 

financial institution information is not 

available for non-IV–D cases. The 

wording in the Limitation ‘‘provide for 

non-IV–D cases’’ implies that State IV– 

D agencies are required to disclose 

Financial Institution Data Match (FIDM) 

information for non-IV–D cases. The 

suggestion was to revise the text to 

clarify that FIDM information cannot be 

disclosed outside of the IV–D program 

to any entity for any purpose. The same 

comment applies to resident parents, 

legal guardians, and attorneys. 

Response: We disagree and have not 

amended the ‘‘Limitations’’ column. 

Please note that the column states ‘‘no 

multistate institution data match 

(MSFIDM) and no State Financial 

Institution Data Match (FIDM) provided 

for non-IV–D cases.’’ 

4. Comment: One commenter stated 

that the last row of the Appendix A, 

which refers to IV–B and IV–E receiving 

information on relatives of children, 

include both Federal PLS and State PLS 

as sources, but the regulatory language 

at § 302.35(d)(2) does not include 

Federal PLS. 

Response: The regulatory language at 

§ 302.35(d)(2) references § 302.35(d)(1) 

which states that information through 

the Federal PLS may be provided. The 

Appendix is accurate as it relates to 

Federal and State PLS as sources of 

information. 

5. Comment: One commenter suggests 

that Tribal IV–D agencies be listed as a 

separate ‘‘authorized person/program’’ in 

Appendix A because it appears as if 

Tribal agencies have different access 

and limitations than those who would 

fall under ‘‘non-IV–D requests.’’ 

Response: Tribal IV–D agencies may 

acquire FIDM information through their 

State counterparts provided they have 

an interagency agreement in effect with 

the State. Many Tribal IV–D programs 

have these agreements in place and are 

receiving the information. We do not 

agree that Tribal IV–D agencies should 

be listed as a separate ‘‘authorized 

person/program’’ and have not made 

that change to the Appendix. 

6. Comment: One commenter noted 

that PIQ–07–02/PIQT–07–02, FFP for 

State Automated Systems Costs related 

to Service Agreements with Tribal IV–D 

Programs; Submitting Tribal IV–D cases 

for Federal Tax Refund Offset; and 

Submitting Requests to the Federal 

Parent Locator Service (FPLS) in Tribal 

IV–D states that access to information 

from a source other than the IRS can be 

provided to Tribal IV–D programs. 

However, Appendix A indicates that no 

MSFIDM can be provided for non-IV–D 

cases. Can that information be disclosed 

to Tribal agencies? 

Response: Tribal IV–D programs do 

not have direct access to the Federal 

PLS. However, Tribal IV–D programs 

may access information from the 

Federal PLS through an interagency 

agreement with the State in accordance 

with the change made to section 

302.35(c)(1). Should a Tribal IV–D 

program enter into an interagency 

agreement with the State for access to 

this information, it is bound by these 

safeguarding regulations as noted in 

Footnote 2 to Appendix A. For 

additional information, see PIQT 10–01. 

7. Comment: One commenter noted 

that the Appendix A limitations include 

‘‘child not receiving IV–A benefits’’ and 

that attestation and evidence are 

required for Tribal IV–D programs. Is 

the intent that a Tribal IV–D program 

request associated with a child not 

receiving benefits not be honored? Is the 

intent that attestation, evidence, and a 

fee, be required for Tribal IV–D program 

access? 

Response: The commenter correctly 

points out that Tribal IV–D programs 

should be included in the list of those 

considered as an authorized program. 

We agree and added new language to 

§ 302.35(c)(1) which indicates that a 

Tribal IV–D agency that provides child 

support services under an approved 

Tribal IV–D plan and has an 

intergovernmental agreement in place 

with a State for the provision of Federal 

PLS services, is an authorized program 

and may request locate information 

from the State PLS. For additional 

information, see PIQT 10–01. 

8. Comment: One commenter noted 

that Appendix C describes the 

disclosure of broader information to 

potentially multiple agencies. The 

Appendix does not include ‘‘Footnote 1’’ 

on limitations that is in both 

Appendices A and B. That footnote 

should be in Appendix C. 

Response: We agree. In this final rule, 

the footnote was added to Appendix C 

and now reads: ‘‘No information shall be 

disclosed if the disclosure of such 

information would contravene the 

national policy or security interests of 

the United States or the confidentiality 

of census data. No information shall be 

disclosed if the State has reasonable 

evidence of domestic violence or child 

abuse and the disclosure of such 

information could be harmful to the CP 

or child. See sections 453(b)(2) and 

454(26) of the Act for the process of 

releasing information to a court or agent 

of a court.’’ 


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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81903 

APPENDIX A—LOCATING INDIVIDUALS THROUGH THE STATE PLS § 302.35 

Authorized person/program Authorized purpose of 

the request 

Persons about whom 

information may be 

asked 

Sources searched Authorized information returned Limitations 1

Agent/attorney of a 

State who has the 

duty or authority to 

collect child and 

spousal support 

under the IV–D plan. 

Tribal IV–D having 

in effect an intergovernmental agreement with a State 

IV–D agency, for the 

provision of Federal 

PLS services. Section 453(c)(1) and 

454(7).

Establish paternity, 

establish, set the 

amount, modify, or 

enforce child support obligations and 

or to facilitate the 

location of any individual who is under 

an obligation to pay 

child support, 

against whom such 

an obligation is 

sought, or to whom 

such an obligation 

is owed.

Locate a parent or 

child involved in a 

non-IV–D child support case to disburse an income 

withholding collection.

Section 453(a)(2) ......

Noncustodial Parent

Putative Father .........

Custodial Parent .......

Child ..........................

Section 453(a)(2)(A)

Federal Parent Locator Service.

In-state sources in 

accordance with 

State law.

Six Elements: Person’s Name, Person’s SSN, Person’s address, Employer’s name, Employer’s address, 

Employer Identification Number.

Section 

453(a)(2)(A)(iii).

Wages, income, and 

benefits of employment, including 

health care coverage.

Section 453(a)(2)(B)

Type, status, location, 

and amount of assets or debts owed 

by or to the individual.

Section 453(a)(2)(C)

See footnote. 

Court that has the authority to issue an 

order against an 

NCP for the support 

and maintenance of 

child, or to serve as 

the initiating court in 

an action to seek a 

child support order. 

Section 453(c)(2).

To facilitate the location of any individual who is under 

an obligation to pay 

child support, 

against whom such 

an obligation is 

sought, or to whom 

such an obligation 

is owed.

Locate a parent or 

child involved in a 

non-IV–D child support case.

Noncustodial Parent

Custodial Parent .......

Putative Father .........

Child ..........................

Federal Parent Locator Service.

In-state sources in 

accordance with 

State law.

Six Elements as 

above, plus.

Wages, income, and 

benefits of employment, including 

health care coverage.

Section 453(a)(2)(B)

Type, status, location, 

and amount of assets or debts owed 

by or to the individual.

Section 453(a)(2)(C)

No Internal Revenue 

Service (IRS) information provided for 

non-IV–D cases 

unless independently verified. 

No Multistate Financial Institution Data 

Match (MSFIDM) 

and no State Financial Institution 

Data Match (FIDM) 

information provided for non-IV–D 

cases. 

No required subsequent attempts to 

locate unless there 

is a new request. 

Resident parent, legal 

guardian, attorney, 

or agent of a child 

not receiving IV–A 

benefits (a non-IV–D 

child support request). Section 

453(c)(3)2.

To facilitate the location of any individual who is under 

an obligation to pay 

child support, 

against whom such 

an obligation is 

sought, or to whom 

such an obligation 

is owed, or who 

has or may have 

parental rights with 

respect to the child.

Locate a parent or 

child involved in a 

non-IV–D child support case. 

Noncustodial Parent

Putative Father .........

Federal Parent Locator Service.

In-state sources in 

accordance with 

State law.

Six Elements as 

above, plus.

Wages, income, and 

benefits of employment, including 

health care coverage.

Section 453(a)(2)(B)

Type, status, location, 

and amount of assets or debts owed 

by or to the individual.

Section 453(a)(2)(C)

Child not receiving 

IV–A benefits. 

No IRS Information. 

No MSFIDM and no 

State FIDM information provided for 

non-IV–D cases. 

In a non-IV–D request, attestation 

and evidence is required as specified 

in § 302.35(c)(3)(i)– 

(iii). 

No required subsequent attempts to 

locate unless there 

is a new request. 


srobinson on DSKHWCL6B1PROD with RULES
81904 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

APPENDIX A—LOCATING INDIVIDUALS THROUGH THE STATE PLS § 302.35—Continued 

Authorized person/program Authorized purpose of 

the request 

Persons about whom 

information may be 

asked 

Sources searched Authorized information returned Limitations 1

State agency that is 

administering a 

Child and Family 

Services program 

(IV–B) or a Foster 

Care and Adoption 

IV–E program. Sections 453(c)(4), 

453(j)(3), and 454(8).

To facilitate the location of any individual who has or 

may have parental 

rights with respect 

to the child.

Section 453(a)(2)(iv); 

and to assist states 

in carrying out their 

responsibilities 

under title IV–B 

and IV–E programs.

Sections 453(j)(3) 

and 454(8).

Noncustodial Parent

Putative Father .........

Custodial Parent 

Child.

Sections 453(a)(2)(A), 

453(j)(3), and 

454(8).

Federal Parent Locator Service.

In-state sources in 

accordance with 

State law.

Six Elements as 

above, plus.

Wages, income, and 

benefits of employment, including 

health care coverage.

Type, status, location, 

and amount of assets or debts owed 

by or to the individual.

Section 453(a)(2)(C)

No IRS information 

unless independently verified. 

No MSFIDM information and no State 

FIDM information 

provided. 

Any information outside the purpose 

stated in Section 

453(a)(2) and Section 453(j)(3) requires independent 

verification. 

State agency that is 

administering a 

Child and Family 

Services program 

(IV–B) or a Foster 

Care and Adoption 

IV–E program. Sections 453(j)(3) and 

454(8).

To assist states in 

carrying out their 

responsibilities 

under title IV–B 

and IV–E programs.

Sections 453(j)(3) 

and 454(8).

Relatives of a child 

involved in a IV–B 

or IV–E case.

Federal Parent Locator Service.

In-state sources in 

accordance with 

State law.

Six Elements as 

above.

No IRS information 

unless independently verified. 

No MSFIDM information and no State 

FIDM information 

provided. 

Any information outside the purpose 

stated in Section 

453(j)(3) requires 

independent 

verification. 

1 No information shall be disclosed if the disclosure of such information would contravene the national policy or security interests of the United 

States or the confidentiality of census data. No information shall be disclosed if the State has reasonable evidence of domestic violence or child 

abuse and the disclosure of such information could be harmful to the CP or child. See sections 453(b)(2) and 454(26) of the Act for the process 

of releasing information to a court or agent of a court. 2 No information shall be disclosed if the disclosure of such information would contravene the national policy or security interests of the United 

States or the confidentiality of census data. No information shall be disclosed if the State has reasonable evidence of domestic violence or child 

abuse and the disclosure of such information could be harmful to the CP or child. See sections 453(b)(2) and 454(26) of the Act for the process 

of releasing information to a court or agent of a court. 

APPENDIX B—LOCATING AN INDIVIDUAL SOUGHT IN A CHILD CUSTODY/VISITATION OR PARENTAL KIDNAPPING CASE

Type of request Authorized person/program 

Authorized purpose of the request About whom information may be requested 

Sources searched Authorized information returned Limitations 2

Locating an individual sought in a 

child custody or 

visitation case 

Any agent or attorney of any 

State who has 

the authority/ 

duty to enforce 

a child custody 

or visitation determination. 

§ 463(d(2)(A) 

A court, or agent 

of the court, 

having jurisdiction to make or 

enforce a child 

custody or visitation determination. 

§ 463(d)(2)(B) 

Determining the 

whereabouts of 

a parent or 

child to make or 

enforce a custody or visitation determination. § 463(a)(2) 

A parent or child. 

§ 463(a) 

Federal Parent 

Locator Service 

In-state sources in 

accordance with 

State law.

Only the three following elements: Person’s 

address, Employer’s name, 

Employer’s address, § 463(c) 

See footnote. 

No IRS information provided. 

No MSFIDM or 

State FIDM information provided. 

No subsequent attempts to locate 

unless there is 

a new request. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81905 

APPENDIX B—LOCATING AN INDIVIDUAL SOUGHT IN A CHILD CUSTODY/VISITATION OR PARENTAL KIDNAPPING CASE— 

Continued 

Type of request Authorized person/program 

Authorized purpose of the request About whom information may be requested 

Sources searched Authorized information returned Limitations 2

Locating an individual sought in a 

parental kidnapping case 

Agent or attorney 

of the U.S. or a 

State who has 

authority/duty to 

investigate, enforce, or prosecute the unlawful taking or 

restraint of a 

child. 

§ 463(d)(2)(C) 

Determining the 

whereabouts of 

a parent or 

child to enforce 

any State or 

Federal law 

with respect to 

the unlawful 

taking or restraint of a 

child. 

§ 463(a)(1) 

A parent or child. 

§ 463(a) 

Federal Parent 

Locator Service.

In-state sources in 

accordance with 

State law.

Only the three following elements: Person’s 

address, 

Employer’s name; 

Employer’s address, § 463(c).

See footnote. 

No IRS information provided 

No MSFIDM or 

State FIDM information provided. 

No subsequent attempts to locate 

unless there is 

a new request. 

2 No information shall be disclosed if the disclosure of such information would contravene the national policy or security interests of the United 

States or the confidentiality of census data. No information shall be disclosed if the State has reasonable evidence of domestic violence or child 

abuse and the disclosure of such information could be harmful to the CP or child. See sections 453(b)(2) and 454(26) of the Act for the process 

of releasing information to a court or agent of a court. 

APPENDIX C—AUTHORITY FOR STATE IV–D AGENCIES TO RELEASE INFORMATION TO NON–IV–D FEDERAL, STATE, AND

TRIBAL PROGRAMS

Authority Authorized purpose of request Authorized person/program Authorized information returned Limitations 3

Sections 453 and 

454A(f)(3) of the Act, 

Section 1102 of the Act; 

and 45 CFR 307.13.

To perform State or Tribal 

agency responsibilities 

of designated programs.

State or Tribal agencies 

administering title IV, 

XIX, and XXI, and SNAP 

programs.

Confidential information 

found in automated system.

No Internal Revenue Service information unless 

independently verified 

No MSFIDM or State 

FIDM information provided. 

No NDNH and FCR information for title XIX and 

XXI unless independently verified. 

For IV–B/IV–E, for purpose 

of section 453(a)(2) of 

the Act can have NDNH 

and FCR information 

without independent 

verification. 

— Any other purpose requires independent 

verification. 

For IV–A NDNH/FRC information for purposes of 

section 453(j)(3) of the 

Act without independent 

verification. 

— Need verification for 

other purposes. 

Sections 453A(h)(2) and 

1137 of the Act—State 

Directory of New Hires.

Income and eligibility 

verification purposes of 

designated programs.

State agencies administering title IV–A, Medicaid, unemployment 

compensation, SNAP, or 

other State programs 

under a plan approved 

under title I, X, XIV, or 

XVI of the Act.

SDNH information: Individual’s name, address and 

SSN; employer’s name, 

address, and Federal 

employer identification 

number.

3 No information shall be disclosed if the disclosure of such information would contravene the national policy or security interests of the United 

States or the confidentiality of census data. No information shall be disclosed if the State has reasonable evidence of domestic violence or child 

abuse and the disclosure of such information could be harmful to the CP or child. See sections 453(b)(2) and 454(26) of the Act for the process 

of releasing information to a court or agent of a court. 

Paperwork Reduction Act 

Section 302.35(c) contains an 

information collection requirement. As 

required by the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507(d)), the 

Administration for Children and 

Families (ACF) has submitted a copy of 

this section to the Office of Management 

and Budget (OMB) for its review in 

tandem with the final rule published on 


srobinson on DSKHWCL6B1PROD with RULES
81906 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

September 26, 2008. There are no 

changes to this section. 

Regulatory Flexibility Analysis 

The Secretary certifies that, under 5 

U.S.C. 605(b), as enacted by the 

Regulatory Flexibility Act (Pub. L. 96– 

354), this rule will not result in a 

significant impact on a substantial 

number of small entities. The primary 

impact is on State governments. State 

governments are not considered small 

entities under the Act. 

Regulatory Impact Analysis 

Executive Order 12866 requires that 

regulations be reviewed to ensure that 

they are consistent with the priorities 

and principles set forth in the Executive 

Order. The Department has determined 

that this rule is consistent with these 

priorities and principles. The changes 

would not significantly alter States’ 

child support enforcement operations. 

This regulation responds to State 

requests for guidance on data privacy 

issues and therefore should not raise 

negative impact concerns. 

Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 requires 

that a covered agency prepare a 

budgetary impact statement before 

promulgating a rule that includes any 

Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year adjusted annually for 

inflation. The threshold for 2010, 

adjusted for inflation is $135 million. If 

a covered agency must prepare a 

budgetary impact statement, section 205 

further requires that it select the most 

cost-effective and least burdensome 

alternative that achieves the objectives 

of the rule and is consistent with the 

statutory requirements. In addition, 

section 203 requires a plan for 

informing and advising any small 

governments that may be significantly 

or uniquely impacted by the rule. We 

have determined that this rule will not 

result in the expenditure by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

more than $135 million in 2010. 

Accordingly, we have not prepared a 

budgetary impact statement, specifically 

addressed the regulatory alternatives 

considered, or prepared a plan for 

informing and advising any significantly 

or uniquely impacted small 

governments. There are no costs 

associated with this regulation. It 

clarifies the protection of confidential 

information contained in the records of 

State child support enforcement 

agencies. 

Congressional Review 

This rule is not a major rule as 

defined in 5 U.S.C. chapter 8. 

Assessment of Federal Regulations and 

Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 requires Federal agencies to 

determine whether a proposed policy or 

regulation may affect family well-being. 

If the agency’s determination is 

affirmative, then the agency must 

prepare an impact assessment 

addressing seven criteria specified in 

the law. This regulation protects the 

confidentiality of information contained 

in the records of State child support 

enforcement agencies. These regulations 

will not have an adverse impact on 

family well-being as defined in the 

legislation. 

Executive Order 13132 

Executive Order 13132 prohibits an 

agency from publishing any rule that 

has federalism implications if the rule 

either imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

rule does not have federalism impact as 

defined in the Executive order. 

List of Subjects 

45 CFR Part 301 

Child support, definitions. 

45 CFR Part 302 

Child support, Grants programs/social 

programs, Reporting and recordkeeping 

requirements. 

45 CFR Part 303 

Child support, Grant programs/social 

programs, Reporting and recordkeeping 

requirements. 

45 CFR Part 307 

Child support, Grant programs/social 

programs, Computer technology, 

Requirements. 

Catalog of Federal Domestic Assistance 

Programs No. 93.563, Child Support 

Enforcement Program.) 

Dated: September 30, 2010. 

David A. Hansell, 

Acting Assistant Secretary for Children and 

Families. 

Approved: November 5, 2010. 

Kathleen Sebelius, 

Secretary of Health and Human Services. 

■ Accordingly, the Department of 

Health and Human Services amends 

title 45 chapter III of the Code of Federal 

Regulations as follows: 

PART 301—STATE PLAN 

REQUIREMENTS 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 660, 

664, 666, 667, 1301, and 1302. 

■ 2. Section 301.1 is amended by adding 

a definition for ‘‘agent of a child’’ and 

‘‘attorney of a child’’ in alphabetical 

order to read as follows: 

§ 301.1 General definitions. 

Agent of a Child means a caretaker 

relative having custody of or 

responsibility for the child. 

Attorney of a Child for means a 

licensed lawyer who has entered into an 

attorney-client relationship with either 

the child or the child’s resident parent 

to provide legal representation to the 

child or resident parent related to 

establishment of paternity, or the 

establishment, modification, or 

enforcement of child support. An 

attorney-client relationship imposes an 

ethical and fiduciary duty upon the 

attorney to represent the client’s best 

interests under applicable rules of 

professional responsibility. 

PART 302—STATE PLAN 

REQUIREMENTS 

■ 3. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 660, 

663, 664, 666, 667, 1302, 1396a(a)(25), 

1396b(d)(2), 1396b(o), 1396b(p), 1396(k). 

■ 4. Amend § 302.35 by revising 

paragraphs (a)(2)(i), (c)(1) through (3) 

and (d) to read as follows: 

§ 302.35 State parent locator service. 

(a) * * * 

(2) * * * 

(i) The State PLS shall access and 

release information authorized to be 

disclosed under section 453(a)(2) and 

453(j)(3) of the Act from the Federal PLS 

and, in accordance with State law, 

information from relevant in-State 

sources of information and records, as 

appropriate, for locating custodial 

parents, noncustodial parents, nonparent relatives, and children upon 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81907 

request of authorized individuals 

specified in paragraph (c) of this 

section, for authorized purposes 

specified in paragraph (d) of this 

section. 

* * * * * 

(c) * * * 

(1) Any State or local agency 

providing child and spousal support 

services under the State plan, and any 

Tribal IV–D agency providing child and 

spousal support services under a Tribal 

plan approved under 45 CFR Part 309, 

provided the State and Tribe have in 

effect an intergovernmental agreement 

for the provision of Federal PLS 

services; 

(2) A court that has authority to issue 

an order or to serve as the initiating 

court in an action to seek an order 

against a noncustodial parent for the 

support and maintenance of a child, or 

any agent of such court; 

(3) The resident parent, legal 

guardian, attorney, or agent of a child 

who is not receiving assistance under 

title IV–A of the Act only if the 

individual: 

(i) Attests that the request is being 

made to obtain information on, or to 

facilitate the discovery of, any 

individual in accordance with section 

453(a)(2) of the Act for the purpose of 

establishing parentage, establishing, 

setting the amount of, modifying, or 

enforcing child support obligations; 

(ii) Attests that any information 

obtained through the Federal or State 

PLS shall be used solely for these 

purposes and shall be otherwise treated 

as confidential; 

(iii) Attests that the requestor is the 

resident parent, legal guardian, attorney, 

or agent of a child not receiving 

assistance under title IV–A; and 

(iv) Pays the fee required for Federal 

PLS services under section 453(e)(2) of 

the Act and § 303.70(f)(2)(i) of this 

chapter, if the State does not pay the fee 

itself. The State may also charge a fee 

to cover its costs of processing the 

request, which must be as close to 

actual costs as possible, so as not to 

discourage requests to use the Federal 

PLS. If the State itself pays the fee for 

use of the Federal PLS or the State PLS 

in a non-IV–D case, Federal financial 

participation is not available in those 

expenditures. 

* * * * * 

(d) Authorized purposes for requests 

and scope of information provided. The 

State PLS shall obtain location 

information under this section only for 

the purpose specified in paragraphs 

(d)(1), (d)(2), (d)(3), and (d)(4) of this 

section. 

(1) To locate an individual with 

respect to a child in a IV–D, non-IV–D, 

IV–B, or IV–E case. The State PLS shall 

locate individuals for the purpose of 

establishing parentage, or establishing, 

setting the amount of, modifying, or 

enforcing child support obligations or 

for determining who has or may have 

parental rights with respect to a child. 

For these purposes, only information in 

the Federal PLS or the State PLS may be 

provided. This information is limited to 

name, Social Security Number(s), most 

recent address, employer name and 

address, employer identification 

number, wages or other income from, 

and benefits of, employment, including 

rights to, or enrollment in, health care 

coverage, and asset or debt information. 

(2) To assist States in carrying out 

their responsibilities under title IV–D, 

IV–A, IV–B, and IV–E programs. In 

addition to the information that may be 

released pursuant to paragraph (d)(1) of 

this section, State PLS information may 

be disclosed to State IV–D, IV–A, IV–B, 

and IV–E agencies for the purpose of 

assisting States to carry out their 

responsibilities to administer title IV–D, 

IV–A, IV–B, and IV–E programs, 

including information to locate an 

individual who is a child or a relative 

of a child in a IV–B or IV–E case. 

Information that may be disclosed about 

relatives of children involved in IV–B 

and IV–E cases is limited to name, 

Social Security Number(s), most recent 

address, employer name and address 

and employer identification number. 

(3) To locate an individual sought for 

the unlawful taking or restraint of a 

child or for child custody or visitation 

purposes. The State PLS shall locate 

individuals for the purpose of enforcing 

a State law with respect to the unlawful 

taking or restraint of a child or for 

making or enforcing a child custody or 

visitation determination as defined in 

section 463(d)(1) of the Act. This 

information is limited to most recent 

address and place of employment of a 

parent or child. 

* * * * * 

PART 303—STANDARDS FOR 

PROGRAM OPERATIONS 

■ 5. The authority citation for part 303 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 660, 

663, 664, 666, 667, 1302, 1396a(a)(25), 

1396b(d)(2), 1396b(o), 1396b(p) and 1396(k). 

■ 6. Amend § 303.20 by revising 

paragraph (b)(7) to read as follows: 

§ 303.20 Minimum organizational and 

staffing requirements. 

* * * * * 

(b) * * * 

(7) Operation of the State PLS as 

required under §§ 302.35, 303.3, and 

303.70 of this chapter. 

* * * * * 

■ 7. Amend § 303.21 by revising 

paragraph (d)(1) introductory text to 

read as follows: 

§ 303.21 Safeguarding and disclosure of 

confidential information. 

* * * * * 

(d) Authorized disclosures. (1) Upon 

request, the IV–D agency may, to the 

extent that it does not interfere with the 

IV–D agency meeting its own 

obligations and subject to such 

requirements as the Office may 

prescribe, disclose confidential 

information to State agencies as 

necessary to assist them to carry out 

their responsibilities under plans and 

programs funded under titles IV 

(including Tribal programs under title 

IV), XIX, or XXI of the Act, and the 

Supplemental Nutrition Assistance 

Program (SNAP), including: 

* * * * * 

■ 8. Revise § 303.69(c) to read as 

follows: 

§ 303.69 Requests by agents or attorneys 

of the United States for information from 

the Federal Parent Locator Service (Federal 

PLS). 

* * * * * 

(c) All requests under this section 

shall contain the information specified 

in § 303.70(d) of this part. 

* * * * * 

■ 9. Amend § 303.70 by: 

■ a. Revising paragraphs (a) and (d)(1); 

■ b. Redesignating paragraph (d)(3) as 

(d)(4); 

■ c. Adding new paragraph (d)(3); and 

■ d. Revising paragraphs (e) 

introductory text, (e)(1)(i), and (e)(2). 

The revisions and addition read as 

follows: 

§ 303.70 Procedures for submissions to 

the State Parent Locator Service (State PLS) 

or the Federal Parent Locator Service 

(Federal PLS). 

(a) The State agency will have 

procedures for submissions to the State 

PLS or the Federal PLS for the purpose 

of locating parents, putative fathers, or 

children for the purpose of establishing 

parentage or establishing, setting the 

amount of, modifying, or enforcing 

child support obligations; for the 

purpose of enforcing any Federal or 

State law with respect to the unlawful 

taking or restraint of a child or making 

or enforcing a child custody or 

visitation determination as defined in 

section 463(d)(1) of the Act, or for the 

purpose of assisting State agencies to 

carry out their responsibilities under 


srobinson on DSKHWCL6B1PROD with RULES
81908 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

title IV–D, IV–A, IV–B, and IV–E 

programs. 

* * * * * 

(d) * * * 

(1) The parent’s, putative father’s or 

non-parent relative’s name; * * * 

(3) The non-parent relative’s SSN, if 

known. 

(4) Any other information prescribed 

by the Office. 

(e) The director of the IV–D agency or 

his or her designee shall attest annually 

to the following: 

(1)(i) The IV–D agency will only 

obtain information to facilitate the 

location of any individual in accordance 

with section 453(a)(2) of the Act for the 

purpose of establishing parentage, 

establishing, setting the amount of, 

modifying, or enforcing child support 

obligations, or for determining who has 

or may have parental rights with respect 

to a child, or in accordance with section 

453(a)(3) of the Act for enforcing a State 

law with respect to the unlawful taking 

or restraint of a child, or for making or 

enforcing a child custody or visitation 

determination as defined in section 

463(d)(1) of the Act, or in accordance 

with section 453(j)(3) of the Act for the 

purpose of assisting State agencies to 

carry out their responsibilities under 

title IV–D, IV–A, IV–B, and IV–E 

programs. 

* * * * * 

(2) In the case of a submittal made on 

behalf of a resident parent, legal 

guardian, attorney or agent of a child 

not receiving assistance under title IV– 

A, the IV–D agency must verify that the 

requesting individual has complied 

with the provisions of § 302.35 of this 

chapter. 

* * * * * 

PART 307—COMPUTERIZED 

SUPPORT ENFORCEMENT SYSTEMS 

IN OPERATION AFTER OCTOBER 1, 

1997 

■ 10. The authority citation for part 307 

continues to read as follows: 

Authority: 42 U.S.C. 652 through 658, 664, 

666 through 669A, and 1302. 

■ 11. Amend § 307.13 by revising 

paragraphs (a)(3), (4)(iii), and (iv) to 

read as follows: 

§ 307.13 Security and confidentiality for 

computerized support enforcement 

systems in operation after October 1, 1997. 

* * * * * 

(a) * * * 

(3) Permit disclosure of information to 

State agencies administering programs 

under titles IV (including Tribal 

programs under title IV), XIX, and XXI 

of the Act, and SNAP, to the extent 

necessary to assist them to carry out 

their responsibilities under such 

programs in accordance with section 

454A(f)(3) of the Act, to the extent that 

it does not interfere with the IV–D 

program meeting its own obligations 

and subject to such requirements as 

prescribed by the Office. 

(4) * * * 

(iii) NDNH and FCR information may 

be disclosed without independent 

verification to IV–B and IV–E agencies 

to locate parents and putative fathers for 

the purpose of establishing parentage or 

establishing parental rights with respect 

to a child; and 

(iv) NDNH and FCR information may 

be disclosed without independent 

verification to title IV–D, IV–A, IV–B 

and IV–E agencies for the purpose of 

assisting States to carry out their 

responsibilities to administer title IV–D, 

IV–A, IV–B and IV–E programs. 

* * * * * 

[FR Doc. 2010–32424 Filed 12–28–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 209 and 252 

[DFARS Case 2009–D015] 

RIN 0750–AG63 

Defense Federal Acquisition 

Regulation Supplement; 

Organizational Conflicts of Interest in 

Major Defense Acquisition Programs 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement section 207 of the Weapon 

Systems Acquisition Reform Act of 

2009. Section 207 addresses 

organizational conflicts of interest in 

major defense acquisition programs. 

DATES: Effective Date: December 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)(DPAP)(DARS), Room 

3B855, 3062 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 703–602–0328; facsimile 

703–602–7887. Please cite DFARS Case 

2009–D015. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is issuing a final rule to amend 

the DFARS to implement section 207 of 

the Weapon Systems Acquisition 

Reform Act of 2009 (WSARA) (Pub. L. 

111–23). Section 207 requires DoD to 

revise the DFARS to provide uniform 

guidance and tighten existing 

requirements relating to organizational 

conflicts of interest (OCIs) of contractors 

in major defense acquisition programs 

(MDAPs). The law sets out situations 

that must be addressed and allows DoD 

to establish such limited exceptions as 

are necessary to ensure that DoD has 

continued access to advice on systems 

architecture and systems engineering 

matters from highly qualified 

contractors, while also ensuring that 

such advice comes from sources that are 

objective and unbiased. 

In developing regulatory language, 

section 207 directed DoD to consider the 

recommendation presented by the Panel 

on Contracting Integrity and further 

directed DoD to consider any findings 

and recommendations of the 

Administrator of the Office of Federal 

Procurement Policy (OFPP) and the 

Director of the Office of Government 

Ethics (OGE) pursuant to section 841(b) 

of the Duncan Hunter National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2009 (Pub. L. 110–417). 

Section 841(b) of the NDAA for FY 2009 

required review by OFPP, in 

consultation with OGE, of FAR coverage 

of OCIs. Neither OFPP nor OGE has 

issued recommendations to date 

pursuant to section 841(b), but both 

have worked with the FAR Acquisition 

Law Team, which includes 

representatives from DoD and the 

civilian agencies, to draft a proposed 

rule on OCIs under FAR Case 2007–018. 

As part of this process, OFPP, OGE, and 

the FAR Acquisition Law Team 

reviewed comments received in 

response to an Advance Notice of 

Proposed Rulemaking, published in the 

Federal Register at 73 FR 15962 on 

March 26, 2008, and are also 

considering pertinent comments that 

were submitted in response to this 

DFARS Case 2009–D015 in formulation 

of the proposed FAR rule. 

A public meeting was held on 

December 8, 2009 (see 74 FR 57666) to 

provide opportunity for dialogue on the 

possible impact on DoD contracting of 

the section 207 requirements relating to 

OCIs. 

DoD published a proposed rule in the 

Federal Register on April 22, 2010 (75 

FR 20954). The comment period was 

initially scheduled to close on June 21, 

2010. On June 15, 2010, the comment 


srobinson on DSKHWCL6B1PROD with RULES