Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices 45659

Dated: August 25, 1997.

Reginald F. Wells,

Deputy Commissioner, Administration on

Developmental Disabilities.

[FR Doc. 97–22962 Filed 8–27–97; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

Privacy Act of 1974; Altered System of

Records

AGENCY: Office of Child Support

Enforcement, ACF, DHHS.

ACTION: Notice.

SUMMARY: In accordance with the

requirements of the Privacy Act, the

Office of Child Support Enforcement

(OCSE) is publishing a notice of

proposal to amend one of its Systems of

Records, ‘‘The Federal Parent Locator

System and Federal Tax Offset System

(FPLS), DHHS/OCSE No. 09–90–0074.

We are also proposing to amend the

routine uses for this system.

DATES: HHS invites interested parties to

submit comments on the proposed

internal and routine uses within

September 29, 1997. HHS has submitted

a report of a notice of an altered system

to the Congress and to the Office of

Management and Budget on August 22,

1997. The alteration to the system will

be effective 40 days from the date

submitted to OMB unless HHS receives

comments which would result in a

contrary determination.

ADDRESS: Please submit comments to:

Donna Bonar, Director, Division of

Program Operations, Office of Child

Support Enforcement, Administration

for Children and Families, 370 L’Enfant

Promenade, SW, 4th Floor East,

Washington, DC 20447, (202) 401–9271.

Comments received will be available for

inspection at this same address from 9

a.m. to 3 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Director, Division of Program

Operations, Office of Child Support

Enforcement, Administration for

Children and Families, 370 L’Enfant

Promenade, SW, 4th Floor East,

Washington, DC 20447, (202) 401–9271.

The numbers listed above are not toll

free.

SUPPLEMENTARY INFORMATION: Notice is

hereby given that the Office of Child

Support Enforcement (OCSE) is

amending one of its Systems of Records,

‘‘The Federal Parent Locator System and

Federal Tax Offset System (FPLS)’’,

DHHS/OCSE No. 09–90–0074.

Information on this system was last

published at 61 FR 38754, July 25, 1996.

OCSE wishes to advise the public that

OCSE is changing the name of this

system to the ‘‘Federal Parent Locator

and Federal Tax Refund/Administrative

Offset System’’ (FPLS). Furthermore, the

uses of the FPLS are being expanded

pursuant to Pub. L. 104–193, the

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(PRWORA) and pursuant to Pub. L.

104–134, the Debt Collection

Improvement Act of 1996 (DCIA) and

Executive Order 13019, dated

September 28, 1996.

The system is divided into two

subsystems: Parent Locator Service and

Tax Refund/Administrative Offset

(TROP/ADOP). The Parent Locator

portion of the system is being expanded

consistent with section 316 of the

PRWORA, which authorizes the

establishment of a National Directory of

New Hires (NDNH) effective no later

than October 1, 1997. The NDNH will be

comprised of three components. First,

the NDNH will maintain employment

data on newly-hired employees (new

hire reporting) submitted by the State

Directories of New Hires (SDNH)

pursuant to section 453A(g)(2)(A) of the

Social Security Act (the Act) and by

Federal agencies pursuant to section

453A(B)(1)(c) of the Act. Second, the

NDNH will maintain quarterly wage

information on individual employees,

submitted by States under the authority

of sections 453A(g)(2)(B) and 303(h) of

the Act, and section 3304(a)(16) of the

Internal Revenue Code (IRC) of 1986, as

well as quarterly wage information on

Federal employees pursuant to section

453(n) of the Act. Third, the NDNH will

maintain unemployment compensation

claims data submitted by States under

the authority of sections 453A(g)(2)(B)

and 303(h) of the Act, and section

3304(a)(16) of the Internal Revenue

Code of 1986. Federal agencies and

States will transmit new hire and

quarterly wage and data electronically

to the NDNH and States will transmit

claim information electronically as well.

The TROP/ADOP portion of the

system is expanding the current use of

Federal tax refund intercepts to assist

families in collecting past-due child

support, intercept certain other Federal

payments owed by child support

obligors, and divert the payment to

obligees/States for the payment of pastdue child support. Specifically, the

TROP/ADOP will: (1) Combine the

Federal Tax Refund Offset program with

the Administrative Program operated by

Department of Treasury’s Financial

Management Service (FMS); (2)

periodically match cases from the

TROP/ADOP system with the NDNH; (3)

conduct crossmatches with the State

Department for denial of passports; (4)

conduct crossmatches for asset

identification with the Department of

Treasury (Project 1099) against States’

obligor file(s); (5) disclose information

to additional sources; and (6) allow

access to new authorized users.

The Social Security Act, as amended

by PRWORA and the DCIA require an

expansion of the uses of the FPLS. The

Parent Locator portion of the FPLS will

now be used to obtain and transmit

information to any authorized person,

for the purpose of establishing

parentage, establishing, setting the

amount of, modifying, or enforcing

child support obligations, investigating

parental kidnapping cases, or making or

enforcing child custody or visitation

orders. Additonally, PRWORA replaced

the AFDC programs with TANF

programs, and routine uses are being

updated to reflect that change.

The Federal TROP/ADOP portion of

the system will be used for the purposes

of: Collecting past-due child support

from Federal tax refunds and from

certain Federal payments otherwise

owed to child support obligors;

identifying assets of obligors; and

enforcing child support orders by

assisting the State Department in

preventing delinquent obligors from

travelling outside the country by the

denial, restriction and/or revocation of

passports.

Section 370 of PRWORA established a

new section 452(k) of the Act which

requires that after October 1, 1997, the

Secretary of HHS shall transmit to the

Secretary of the Department of State,

certifications from State child support

enforcement (CSE) agencies of

individuals who owe arrearages of child

support exceeding $5000 and that the

Department of State may revoke, restrict

or deny passports to such individuals.

Project 1099 provides State CSE

agencies access to all earned and

unearned income information reported

to the Department of Treasury by

employers and financial institutions.

This information is used to locate

noncustodial parents and to verify

income and employment, which is

essential to establishing and enforcing

child support obligations.

Sections 452 and 453 of the Social

Security Act require the Secretary of

HHS to establish and conduct the

Federal Parent Locator Service, a

computerized national location network

which provides address and social

security number (SSN) information to

State and local child support

enforcement agencies (CSEAs) for

purposes of locating parents to establish
45660 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices

or enforce a child support order and to

assist authorized persons in resolving

parental kidnapping and child custody

cases.

Pursuant to section 124(a) of the

Family Support Act of 1988 (Pub. L.

100–485), the FPLS obtained access to

wage and unemployment compensation

claims information maintained for or by

the Department of Labor (DOL) or the

State Employment Security Agencies

(SESAs). In January 1990, the FPLS

began conducting periodic crossmatches

in which the names and SSNs of child

support obligors are run against SESA

wage and unemployment files. OCSE is

currently limited to 250,000 cases per

State per bi-weekly crossmatch. The

information generated from

crossmatches between quarterly wage,

claims and child support data, both at

the State level and in the more limited

FPLS context, has proven extremely

beneficial for the location of child

support obligors and their wages. The

inclusion of quarterly wage and

unemployment compensations claims

data in the NDNH allows for a

substantially higher volume of interstate

crossmatching than is currently

possible.

The Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

requires the Secretary to develop an

expanded Federal Parent Locator

Service to improve the States’ ability to

locate and collect child support. The

OCSE, within ACF, is charged with the

task of developing, implementing, and

maintaining the FPLS. The Secretary

will house the expanded FPLS in the

Social Security Administration’s

National Computer Center. The

Secretary and SSA believe that locating

the expanded FPLS there will provide

the most efficient and cost-effective

mechanism for developing the

expanded FPLS, as well as ensuring

state-of-the-art standards for system

security and confidentiality of the

expanded FPLS data.

The expanded FPLS will include the

NDNH (operational no later than

October 1, 1997), The Federal Case

Registry (FCR) (operational no later than

October 1, 1998), and the capability to

continue matching against existing

FPLS data sources, including but not

limited to, the Internal Revenue Service,

Social Security Administration,

Department of Defense/Office of

Personnel Management, Department of

Veterans Affairs, and the Federal Bureau

of Investigation. The expanded FPLS

will perform crossmatches between the

NDNH, the FCR, and specified

additional external databases. With

these new expanded FPLS resources,

the interstate matching of child support

obligors and employment, earnings, and

benefits data will flow more efficiently

and quickly between States.

In addition to performing automatic

matching, the system accepts and

processes automated or manual

information requests from State and

local CSE agencies as well as the FBI,

the National Center for Missing and

Exploited Children, the State

Department, and the Attorney General.

The following information is available

from Federal agencies (including the

Postal Service) and the SESAs:

(1) The Social Security

Administration (SSA) provides three

types of information on the

noncustodial or custodial parent per

locate request. SSA can also provide

social security number information

(including identification, verification,

nonverification or correction) pertaining

to the noncustodial or custodial parent.

When SSA is the specified agency

queried, SSA provides the name and

address of employers, address where the

benefits check is being delivered, and

date of death, as well as SSN and

address information;

(2) The SESAs provide two types of

information. If the noncustodial parent

is employed, the SESAs provide the

name and address of the most recent

employer and the amount of the wages

earned in the previous quarter. If the

noncustodial or custodial parent is

unemployed, the SESAs provide the

home address where the unemployment

check is or was most recently mailed;

(3) The Department of Treasury

(Treasury) provides several types of

information. If the noncustodial or

custodial parent has filed a tax return in

the last three years, provides the address

reported on the most recent return.

Treasury also provides the SSNs of

parents listed on the tax return.

Additionally, the Project 1099 provides

information to State CSE agencies to

access all earned and unearned income

information reported to the Treasury by

employers and financial institutions.

The FPLS conducts matches on with

data from IRS forms 1098 and 1099;

(4) The Department of Defense (DoD)

provides information on noncustodial or

custodial parents who are in the Army,

Navy, Air Force, Marine Corps, and the

National Oceanic and Atmospheric

Administration (NOAA). DoD provides

the military unit address, pay grade, and

date of separation from the service.

FPLS conducts matches with Office of

Personnel Management (OPM) through

DoD. OPM provides the name and

address of the payroll office for nonmilitary and non-postal noncustodial or

custodial parents who work for the

Federal government, or receive

retirement benefits;

(5) The Postal Service provides

information on noncustodial or

custodial parents who are employed by

the U.S. Postal Service; and

(6) The Department of Veterans

Affairs (VA) provides information on

those individuals who are receiving VA

benefits. The VA indicates if the

noncustodial or custodial parent is

receiving compensation, pension, or

educational benefits, the amount of the

benefit, and where the check is being

delivered.

Furthermore, pursuant to the DCIA,

and pursuant to Executive Order 13019,

the Department of Treasury’s FMS is

charged with the responsibility of

increasing the collection of non-tax

debts owed to the Federal Government

and/or States, and collecting past-due

child support through administrative

offsets. The OCSE will match its records

against Federal payment certification

records and Federal financial assistance

records maintained by FMS. The

purpose is to facilitate the collection of

delinquent child support obligations

from persons who may be entitled or

eligible to receive certain Federal

payments or Federal assistance. State

CSE agencies submit names of

delinquent child support debts to the

OCSE for submission to FMS.

These cases are sent on-line, dial-up

access via personal computer, tape and

cartridge via mail, file transfer, or

electronic data transmission. OCSE

serves as a conduit between State CSE

agencies and the FMS by processing

weekly updates of collection data and

distributing the information back to the

appropriate State CSE agency. The

information will be disclosed by OCSE

to State CSE agencies for use in the

collection of child support debts,

through locate, wage withholding, or

other enforcement actions.

The system of records is used for the

collection of past-due child support via

administrative offset, (offset of certain

funds payable to an individual by the

Federal Government.) (Not all Federal

funds will be subject to administrative

offset; see 62 FR 36205, dated July 7,

1997.) The FMS serves as the lead

agency in this debt collection initiative.

The FMS has a Debt Collection

Operations System to maintain records

of individuals and entities that are

indebted and will match these records

against the payment certification

records of Federal departments and

agencies.

In addition, the system of records is

used to determine which delinquent

obligors are appropriate for referral to

the U.S. State Department for
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices 45661

revocation/restriction/denial of a U.S.

Passport. OCSE extracts cases with

arrearages of $5,000 or greater from the

certified case file. These cases are

electronically submitted to SSA with

name and SSN. SSA returns the file

with date of birth, SSN, name, place of

birth, and sex. These cases are then

forwarded to the State Department via

tape with date of birth, place of birth,

sex, SSN, and name. These files are

matched against individuals who make

application for passport. Passports may

be denied to those obligors owing

$5,000 or greater. The State

Department’s system is called the

Consular and Support System (CLASS)

(State 26, Passport Records, published at

60 FR 148, August 2, 1995).

If there is a match, the Passport Office

will notify the applicant to contact the

State CSE agency that submitted his/her

name. If, as a result of payment, the

applicant’s child support arrearage falls

below the $5,000 threshold, the CSE

office will issue a Notice of Withdrawal

of Passport Denial requesting that the

Passport Office issue a passport to the

noncustodial parent if otherwise

qualified.

The FPLS system of records will be

comprised of records that contain the

name of noncustodial or custodial

parent or child, Social Security number

(when available), date of birth, place of

birth, sex code, State case identification

number, local identification number

(State use only), State or locality

originating request, date of origination,

type of case (TANF, non-TANF fullservice, non-TANF locate only, parental

kidnapping), home address, mailing

address, type of employment, work

location, annual salary, pay rate,

quarterly wages, medical coverage,

benefit amounts, type of military service

(Army, Navy, Marines, Air Force, not in

service), retired military (yes or no),

Federal employee (yes or no), recent

employer’s address, known alias (last

name only), offset amount, date requests

sent to Federal agencies or departments

(SSA, Treasury, DoD/OPM, VA, USPS,

FBI, and SESAs), dates of Federal

agencies’ or departments’ responses,

date of death, record identifier,

employee date of hire, employee State of

hire, Federal EIN, State EIN, employer

name, employer address, employer

foreign address, employer optional

address, and employer optional foreign

address; employee SSN, employee

name, employee wage amount, reporting

period, claimant SSN, claimant name,

claimant address, SSA/VA benefit

amount, reporting period, State code,

local code, case number, arrearage

amount, collection amount, adjustment

amount, return indicator, transfer State,

street address, city and State, zip code,

zip code 4, total debt, number of

adjustments, number of collections, net

amount, adjustment year, tax period for

offset, type of offset, State code,

submitting State FIPS, locate code, case

ID number, case type, and court/

administrative order indicator.

Safeguarding

All requests from the State IV–D

Agency must certify that: (1) They are

being made to locate noncustodial or

custodial parents for the purpose of

establishing paternity or securing child

support, or in cases involving parental

kidnapping or child custody

determinations and for no other

purpose; (2) the State IV–D agency has

in effect protective measures to

safeguard the personal information

being transferred and received from the

FPLS; and (3) the State IV–D Agency

will use or disclose this information for

the purposes prescribed in 45 CFR

302.70.

The records in the FPLS will be

maintained in a secure manner

compatible with their content and use.

All Federal and State personnel and

contractors will be required to adhere to

the provisions of the Privacy Act and

the HHS Privacy Act regulations at 45

CFR part 5b. The System Manager will

control access to the data. Only

authorized users whose official duties

require the use of such information will

have regular access to the records in this

system. Authorized users are: (1) Any

State or Federal government department

or agency charged with the

responsibility of locating custodial or

noncustodial parents; (2) State agencies

under agreements covered by title IV–D

of the Social Security Act for the

purposes of locating non-custodial and

custodial parents in connection with

establishing or enforcing child support

obligations; (3) State agencies under

agreements covered by section 463 of

the Act for the purpose of locating

custodial parents or children in

connection with activities by State

courts and Federal attorneys and agents

charged with making or enforcing child

custody and visitation determinations or

conducting investigations, enforcement

proceedings or prosecutions concerning

the unlawful taking or restraint of

children; and (4) agents and attorneys of

the United States involved in activities

in States which do not have agreements

under section 463 of the Act for the

purpose of locating custodial parents in

connection with activities by State

courts and Federal attorneys and agents

charged with making or enforcing child

custody and visitation determinations or

conducting investigations, enforcement

proceedings or prosecutions concerning

unlawful taking or restraint of children.

All microfilm and paper files are

accessible only by authorized personnel

who have a need for the information in

the performance of their official duties.

Safeguards for automated records have

been established in accordance with the

HHS Information Resources

Management Manual, Part 6, Automated

Information Systems Security Program

Handbook.

Storage

Records are maintained on disk and

magnetic tape, and hard copy.

Retrievability

System records can be accessed by

either a State assigned case

identification number or Social Security

Number. Data stored in computers will

be accessed through the use of

‘‘passwords’’ known only to authorized

users. Rooms where records are stored

are locked when not in use. During

regular business hours rooms are

unlocked but are controlled by on-site

personnel. Information will not be

disclosed to any person if the disclosure

would contravene the national or

security interest of the United States or

the confidentiality of census data.

Information will not be disclosed to

any person 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.

Information received or transmitted

pursuant to this section shall be subject

to the safeguard provisions contained in

section 454(26) of the Act.

Retention and Disposal

Quarterly wage data supplied to the

FPLS will be retained for eight calendar

quarters and then destroyed. New hire

information supplied to the FPLS will

be kept in an active file for two years.

New hire information will then be

stored for an additional three years

before being destroyed.

Tax refund and administrative offset

information will be maintained for six

years in an active master file for

purposes of collection and adjustment.

After this time, records of cases for

which there was no collection will be

destroyed. Records of cases with a

collection will be stored on-line in an

inactive master file.

Records pertaining to passport denial

will be updated and/or deleted as

obligors meet satisfactory restitution or

other State approved arrangements.
45662 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices

Records of information provided by

the FPLS to authorized users will be

maintained only long enough to

communicate the information to the

appropriate State or Federal agent.

Thereafter, the information provided

will be destroyed. However, records

pertaining to the disclosures, which

include information provided by States,

Federal agencies contacted, and an

indication of the type(s) of information

returned, will be stored on a history

tape and in hard copy for five years and

then destroyed.

System Manager(s) and Address

Director, Program Operations

Division, Office of Child Support

Enforcement, Department of Health and

Human Services, 370 L’Enfant

Promenade, SW, 4th Floor, Washington,

DC 20447.

Record Access Procedures

Same as notification procedures.

Requesters should also specify the

record contents being sought.

Contesting Record Procedures

Contact the official at the address

specified under system manager above,

and identify record and specify the

information to be contested.

Record Source Categories

Information is obtained from

departments, agencies, or

instrumentalities of the United States or

any State.

Systems Exempted From Certain

Provisions of the Privacy Act

None.

Routine Uses of Records Maintained in

the System, Including Categories of

Users and the Purpose of Such Users

The current routine uses for this

system of records are: (1) Request the

most recent home and employment

addresses and SSN of the noncustodial

parents from any State or Federal

government department, agency or

instrumentality which might have such

information in its records; (2) Provide

the most recent home and employment

addresses and SSN to State CSE

agencies (including the FBI and the

Center for Missing and Exploited

Children) for the purpose of locating

noncustodial parents in connection with

establishing or enforcing child support

obligations; (3) Provide the most recent

home and employment addresses and

SSN to State CSE agencies under

agreements covered by section 463 of

the Social Security Act (42 U.S.C. 663)

for the purpose of locating noncustodial

parents or children in connection with

activities by State courts and Federal

attorneys and agents charged with

making or enforcing child custody

determinations or conducting

investigations, enforcement proceedings

or prosecutions concerning the unlawful

taking or restraint of children; (4)

Provide the most recent home and

employment addresses and SSN to

agents and attorneys of the United

States, involved in activities in States

which do not have agreements under

section 463 of the Act for purposes of

locating noncustodial parents or

children in connection with Federal

investigations, enforcement proceedings

or prosecutions involving the unlawful

taking or restraint of children; and (5)

provide to the State Department the

name and SSN of noncustodial parents

in international child support cases, and

in cases involving the Hague

Convention on the Civil Aspects of

International Child Abduction.

The PRWORA amends Federal law

and authorizes new uses and

disclosures for the expanded FPLS. The

new routine uses proposed for this

system are compatible with the stated

purposes of the system and include the

following:

(1) Pursuant to section 453(j) (2) and

(3) of the Social Security Act, State

agencies may access data in the NDNH

for the purpose of administering the

Child Support Enforcement Program

and the Temporary Assistance for

Needy Families (TANF) program; (2)

Pursuant to section 453(j)(4) of the Act,

the Commissioner of Social Security

may access information in the NDNH for

the purpose of verifying reported SSNs

and other purposes; (3) Pursuant to

section 453(i)(3) of the Act, the

Secretary of the Treasury may access

information in the NDNH for purposes

of administering advance payment of

the earned income tax credit and

verifying a claim with respect to

employment in a tax return; (4)

Pursuant to section 453(j)(5) of the Act,

the Secretary of Health and Human

Services may provide researchers with

access to the new hire data for research

efforts that would contribute to the

TANF and CSE programs. Information

disclosed may not contain personal

identifiers; (5) Under section 6103(el)(6)

of the Internal Revenue Code of 1986,

records may be disclosed to any agent

of an agency that is under contract with

the State CSE agency to assist in

locating individuals for the purposes of

establishing, modifying, and enforcing

child support obligations; (6) Under

section 453(j) of the Act, records in the

NDNH may be disclosed to State CSE

agencies in order to locate individuals

for the purpose of establishing paternity

and for establishment, modification, or

enforcement of a support order; (7)

Pursuant to section 453(a) of the Act,

records may be disclosed to State CSE

agencies for the purpose of locating

individuals for the purpose of enforcing

child custody and visitation orders; (8)

Pursuant to section 453(j) of the Act,

new hire information may also be

disclosed to the State agency

administering the Medicaid,

Unemployment Compensation, Food

Stamp, SSI, and territorial cash

assistance programs for income

eligibility verification, and to State

agencies administering unemployment

and workers’ compensation programs to

assist determinations of the allowability

of claims; (9) OCSE will disclose

information to the Treasury Department

for the offset of certain Federal

payments in order to collect past due

child support obligations. The Federal

payments included in the

Administrative Offset System are:

Federal salary, wage and retirement

payments; vendor payments; expense

reimbursement payments; and travel

payments; and (10) Pursuant to section

452(k) of the Act, information from the

FPLS may be disclosed to the Secretary

of State to revoke, restrict, or deny a

passport to any person certified by State

CSE agencies as owing a child support

arrearage greater than $5,000.

Dated: August 21, 1997.

David Gray Ross,

Deputy Director.

09–90–0074

SYSTEM NAME:

Federal Parent Locator and Federal

Tax Refund/Administrative Offset

System (FPLS), HHS, OCSE.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Office of Child Support Enforcement,

370 L’Enfant Promenade, SW., 4th

Floor East, Washington, DC 20447;

Social Security Administration, 6200

Security Boulevard, Baltimore,

Maryland 21235.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Records will be maintained to locate

individuals for the purpose of

establishing parentage, establishing,

setting the amount of, modifying, or

enforcing child support obligations, or

enforcing child custody or visitation

orders: (1) Information on, or facilitating

the discovery of, or the location of any

individual: (A) who are under an

obligation to pay child support or
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices 45663

provide child custody or visitation

rights; (B) against whom such an

obligation is sought; and (C) to whom

such an obligation is owed including

the individual’s social security number

(or numbers), most recent address, and

the name, address, and employer

identification number of the

individual’s employer; and (2)

information on the individual’s wages

(or other income) from, and benefits of,

employment (including rights to

enrollment in group health care

coverage); and (3) information on

certain Federal disbursements payable

to a delinquent obligor which may be

offset for the purpose of collecting pastdue child support.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system will comprise records that

contain the name of noncustodial or

custodial parent or child, Social

Security number (when available), date

of birth, place of birth, sex code, State

case identification number, local

identification number (State use only),

State or locality originating request, date

of origination, type of case (TANF, nonTANF full-service, non-TANF locate

only, parental kidnapping), home

address, mailing address, type of

employment, work location, annual

salary, pay rate, quarterly wages,

medical coverage, benefit amounts, type

of military service (Army, Navy,

Marines, Air Force, not in service),

retired military (yes or no), Federal

employee (yes or no), recent employer’s

address, known alias (last name only),

offset amount, date requests sent to

Federal agencies or departments (SSA,

IRS, DoD/OPM, VA, USPS, FBI, and

SESAs), dates of Federal agencies’ or

departments’ responses, date of death,

record identifier, employee date of hire,

employee State of hire, Federal EIN,

State EIN, employer name, employer

address, employer foreign address,

employer optional address, and

employer optional foreign address;

employee SSN, employee name,

employee wage amount, reporting

period, claimant SSN, claimant name,

claimant address, SSA/VA benefit

amount, reporting period, State code,

local code, case number, arrearage

amount, collection amount, adjustment

amount, return indicator, transfer State,

street address, city and State, zip code,

zip code 4, total debt, number of

adjustments, number of collections, net

amount, adjustment year, tax period for

offset, type of offset, State code,

submitting State FIPS, locate code, case

ID number, case type, and court/

administrative order indicator.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sections 452 and 453 of the Social

Security Act required the Secretary of

HHS to establish and conduct the

Federal Parent Locator Service, a

computerized national location network

which provides address and SSN

information to State and local Child

Support Enforcement Agencies (CSE).

Section 124(a) of the Family Support

Act of 1988 authorized the Secretary of

HHS to obtain access to wage and

unemployment compensation claims

information maintained for or by the

Department of Labor (DOL) or the State

Employment Security Agencies

(SESAs).

The FPLS is being expanded pursuant

to: Social Security Act amendments

promulgated as section 316 of the

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(PRWORA); the Debt Collection

Improvement Act of 1996 (DCIA); and

Executive Order 13019. These

provisions give the Secretary of Health

and Human Services the authority to

expand the Federal Parent Locator

Service to improve the States’ ability to

locate and collect child support.

PURPOSE(S):

The purpose of the system is to

expand the Federal Parent Locator

Service (FPLS) to improve States’ ability

to locate parents and collect child

support. A large database, the National

Directory of New Hires, will be

established. Through this database, the

interstate matching of child support

obligors and employment, earnings, and

benefit data will flow more efficiently

and quickly between States. The

National Directory of New Hires

(NDNH) will contain the following:

(1) New hire information on

employees commencing employment in

either the public or private sector;

(2) Quarterly wage data on private and

public sector employees; and

(3) Information on unemployment

compensation benefits. Federal agencies

are also required to submit both new

hire and quarterly wage information.

Names and social security numbers

submitted for both new hire and

quarterly wage information will be

verified by the Social Security

Administration to ensure that the social

security number provided is correct.

In October of 1998, a second database

will be established, the Federal Case

Register (FCR), which will be derived

from State level case registry

information and will contain abstracts

on all participants involved in child

support enforcement cases. The NDNH

and the FCR will be matched against

each other on an on-going basis to

determine if an employee is a

participant in a child support case

anywhere in the country. If the FPLS

identifies a person as being a participant

in a State child support case, that State

will be notified of the participant’s

current employer.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES:

The current routine uses in this

system of records are maintained to: (1)

Request the most recent home and

employment addresses and SSN of the

noncustodial or custodial parents from

any State or Federal government

department, agency or instrumentality

which might have such information in

its records; (2) Provide the most recent

home and employment addresses and

SSN to State CSE agencies for the

purpose of locating noncustodial

parents in connection with establishing

or enforcing child support obligations;

(3) Provide the most recent home and

employment addresses and SSN to State

CSE agencies under agreements covered

by section 463 of the Social Security Act

(42 U.S.C. 663) for the purpose of

locating noncustodial parents or

children in connection with activities

by State courts and Federal attorneys

and agents charged with making or

enforcing child custody determinations

or conducting investigations,

enforcement proceedings or

prosecutions concerning the unlawful

taking or restraint of children; and (4)

Provide the most recent home and

employment addresses and SSN to

agents and attorneys of the United

States, involved in activities in States

which do not have agreements under

section 463 of the Act for purposes of

locating noncustodial parents or

children in connection with Federal

investigations, enforcement proceedings

or prosecutions involving the unlawful

taking or restraint of children; and (5)

provide to the State Department the

name and SSN of noncustodial parents

in international child support cases, and

in cases involving the Hague

Convention on the Civil Aspects of

International child Abduction.

The PRWORA amends Federal law

and authorizes new uses and

disclosures for the expanded FPLS. The

new routine uses proposed for this

system are compatible with the stated

purposes of the system and include the

following: (1) State agencies may access

data in the NDNH for the purpose of

administering the Child Support

Enforcement Program and the

Temporary Assistance for Needy

Families (TANF) program; (2) The

Commissioner of Social Security may
45664 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices

access information in the NDNH for the

purpose of verifying reported SSNs and

other purposes; (3) The Secretary of the

Treasury may access information in the

NDNH for purposes of administering

advance payment of the earned income

tax credit and verifying a claim with

respect to employment in a tax return;

(4) The Secretary of Health and Human

Services may provide researchers with

access to the new hire data for research

efforts that would contribute to the

TANF and CSE programs. Information

disclosed may not contain personal

identifiers; (5) Records may be disclosed

to any agent of an agency that is under

contract with the State CSE agency to

assist in locating individuals for the

purposes of establishing paternity and

for establishing, modifying, and

enforcing child support obligations; (6)

Records in the NDNH may be disclosed

to State CSE agencies in order to locate

individuals for the purpose of

establishing paternity and for

establishment, modification, or

enforcement of a support order; (7)

Records may be disclosed to State CSE

agencies for the purpose of locating

individuals for the purpose of enforcing

child custody and visitation orders; (8)

New hire information may be disclosed

to the State agency administering the

Medicaid, Unemployment

Compensation, Food Stamp, SSI, and

territorial cash assistance programs for

income eligibility verification, and to

State agencies administering

unemployment and workers’

compensation programs to assist

determinations of the allowability of

claims. (9) OCSE will disclose

information to the Treasury Department

for the offset of certain Federal

payments in order to collect past due

child support obligations. The Federal

payments included in the

Administrative Offset System are:

Federal salary, wage and retirement

payments; vendor payments; expense

reimbursement payments; and travel

payments; and (10) Pursuant to section

452(k) of the Act, information from the

FPLS may be disclosed to the Secretary

of State to revoke, restrict, or deny a

passport to any person certified by State

CSE agencies as owing a child support

arrearage greater than $5,000.

DISCLOSURES TO CONSUMER REPORTING

AGENCIES:

None.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

FPLS records are maintained on disc

and computer tape, and hard copy.

RETRIEVABILITY:

System records can be accessed by

either a State assigned case

identification number or Social Security

Number.

SAFEGUARDS:

1. Authorized Users: All requests from

the State IV-D Agency must certify that:

(1) They are being made to locate noncustodial and custodial parents for the

purpose of establishing paternity or

securing child support, or in cases

involving parental kidnapping or child

custody and visitation determinations

and for no other purpose; (2) the State

IV-D agency has in effect protective

measures to safeguard the personal

information being transferred and

received from the Federal Parent

Locator Service; and (3) the State IV-D

Agency will use or disclose this

information for the purposes prescribed

in 45 CFR 302.70.

2. Physical Safeguards: For

computerized records electronically

transmitted between Central Office and

field office locations (including

organizations administering HHS

programs under contractual

agreements), safeguards include a lock/

unlock password system. All input

documents will be inventoried and

accounted for. All inputs and outputs

will be stored in a locked receptacle in

a locked room. All outputs will be

labeled ‘‘For Official Use Only’’ and

treated accordingly.

3. Procedural and Technical

Safeguards: All Federal and State

personnel and contractors, are required

to take a nondisclosure oath. A

password is required to access the

terminal. All microfilm and paper files

are accessible only by authorized

personnel who have a need for the

information in the performance of their

official duties.

These practices are in compliance

with the standards of Chapter 45–13 of

the HHS General Administration

Manual, ‘‘Safeguarding Records

Contained in Systems of Records,’’ and

the Department’s Automated

Information System Security Program

Handbook.

RETENTION AND DISPOSAL:

Quarterly wage data supplied to the

FPLS will be retained for eight calendar

quarters and then destroyed. New hire

information supplied to the FPLS will

be kept in an active file for two years.

New hire information will then be

stored for an additional three years

before being destroyed.

Tax refund and administrative offset

information will be maintained for six

years in an active master file for

purposes of collection and adjustment.

After this time, records of cases for

which there was no collection will be

destroyed. Records of cases with a

collection will be stored on-line in an

inactive master file.

Records pertaining to passport denial

will be updated and/or deleted as

obligors meet satisfactory restitution or

other State approved arrangements.

Records of information provided by

the FPLS to authorized users will be

maintained only long enough to

communicate the information to the

appropriate State or Federal agent.

Thereafter, the information provided

will be destroyed. However, records

pertaining to the disclosures, which

include information provided by States,

Federal agencies contacted, and an

indication of the type(s) of information

returned, will be stored on a history

tape and in hard copy for five years and

then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Division of Program

Operations, Office of Child Support

Enforcement, Administration for

Children and Families, 370 L’Enfant

Promenade, SW., 4th Floor East,

Washington, DC 20447.

NOTIFICATION PROCEDURES:

To determine if a record exists, write

to the System Manager listed above. The

requester must provide his or her full

name and address. Additional

information, such as your Social

Security Number, date of birth or

mother’s maiden name, may be

requested by the system manager in

order to distinguish between

individuals having the same or similar

names.

RECORD ACCESS PROCEDURES:

Write to the System Manager

specified above to attain access to

records. Requesters should also

reasonably specify the record contents

they are seeking.

CONTESTING RECORD PROCEDURE:

Contact the official at the address

specified under system manager above,

and reasonably identify the record and

specify the information to be contested

and corrective action sought with

supporting justification to show how the

record is inaccurate, incomplete,

untimely or irrelevant.

RECORD SOURCE CATEGORIES:

Information is obtained from

departments, agencies, or

instrumentalities of the United States or

any State.
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices 45665

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

[FR Doc. 97–22861 Filed 8–27–97; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

[Docket No. 96N–0496]

Agency Information Collection

Activities; Submission for OMB

Review; Comment Request

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) is announcing

that the proposed collection of

information listed below has been

submitted to the Office of Management

and Budget (OMB) for review and

clearance under the Paperwork

Reduction Act of 1995 (the PRA).

DATES: Submit written comments on the

collection of information by September

29, 1997.

ADDRESSES: Submit written comments

on the collection of information to the

Office of Information and Regulatory

Affairs, OMB, New Executive Office

Bldg., 725 17th St. NW., rm. 10235,

Washington, DC 20503, Attention: Desk

Officer for FDA.

FOR FURTHER INFORMATION CONTACT:

Judith V. Bigelow, Office of Information

Resources Management (HFA–250),

Food and Drug Administration, 5600

Fishers Lane, rm. 16B–19, Rockville,

MD 20857, 301–827–1479.

SUPPLEMENTARY INFORMATION: In

compliance with section 3507 of the

PRA (44 U.S.C. 3507), FDA has

submitted the following proposed

collection of information to OMB for

review and clearance:

Reporting and Recordkeeping

Requirements for Manufacturers and

Distributors of Electronic Products—21

CFR Parts 1002–1010, FDA Forms 2877,

3147, and 766 (OMB Control Number

0910–0025—Reinstatement)

Sections 532 through 542 of the

Federal Food, Drug, and Cosmetic Act

(the act) (21 U.S.C. 360ii through 360ss)

direct the Secretary of the Department of

Health and Human Services (the

Secretary) to establish and carry out an

electronic product radiation control

program to protect the public from

unnecessary radiation from electronic

products. Such program shall include

the development, issuance, and

administration of performance

standards to control the emission of

electronic product radiation from

electronic products. Section 534(g) of

the act (21 U.S.C. 360kk(g)) directs the

Secretary to review and evaluate

industry testing programs on a

continuing basis, and section 535(e) and

(f) of the act (21 U.S.C. 360ll(e) and (f))

directs the Secretary to immediately

notify manufacturers of, and assure

correction of, radiation defects or

noncompliances with performance

standards. The authority for records and

reports is contained in section 537(b)

and (c) of the act (21 U.S.C. 360nn(b)

and (c)).

The regulations implementing these

statutory provisions are found in parts

1002 through 1010 (21 CFR parts 1002

through 1010). Section 1002.3 requires

manufacturers, when directed by FDA,

to provide technical and safety

information to users. Section 1002.10(a)

through (k) requires manufacturers to

submit to FDA product reports

containing identification, design,

operation and testing, quality control

procedures, test results, and product

labeling prior to the entry of the product

into commerce. Section 1002.11(a) and

(b) requires manufacturers to submit

supplemental reports to FDA if

modifications in product safety or

testing of electronic products affect

actual or potential radiation emission.

Section 1002.12(a) through (e) requires

manufacturers to submit abbreviated

information on product safety and

testing. Section 1002.13(a) through (c)

requires manufacturers to report

annually to FDA a summary of

manufacturer records maintained in

accordance with § 1002.30, and provide

quarterly updates of models instead of

§ 1002.10 or § 1002.11 reports. Section

1002.20(a) through (c) requires

manufacturers to report to FDA the

circumstances, amount of exposure, and

remedial actions taken concerning any

accidental radiation occurrence

involving their electronic products. If a

firm is also required to report the

incident under 21 CFR part 803, those

regulations take precedence. Section

1002.30(a) and (b) requires

manufacturers to keep records on test

data and procedures, correspondence

regarding radiation safety, and

distribution records. Section 1002.31(a)

requires manufacturers to maintain

records required to be kept under part

1002 for 5 years. Section 1002.31(c)

requires manufacturers, when requested

by FDA, to provide copies of the

distribution records required to be

maintained by § 1002.30(b). Section

1002.40(a) through (c) requires dealers

and distributors to retain first purchaser

information, to be used by

manufacturers when a product recall is

instituted to ensure the radiation safety

of a product. Section 1002.41(a) and (b)

specifies that the dealer/distributor

records in § 1002.40 may be retained by

the dealer or forwarded to the

manufacturer for retention and that the

manufacturer or dealer shall retain

distribution records for 5 years. Section

1002.50(a) specifies criteria by which

manufacturers may request exemption

from reporting and recordkeeping

requirements when there is a low risk of

injury, and § 1002.51 specifies criteria

by which manufacturers may request

exemption from reporting and

recordkeeping requirements under

certain circumstances if the product is

intended for U.S. Government use. The

burden is combined with § 1002.50(a),

because the processes and procedures

are identical.

Section 1003.10(a) and (c) requires

manufacturers to notify FDA when their

product has a defect or fails to comply

with applicable performance standards.

Also, under § 1003.10(b) manufacturers

must notify purchasers, dealers, and

distributors of product defects or

noncompliance. Section 1003.11(a)(3)

specifies criteria by which

manufacturers may refute FDA’s notice

of defective or noncompliant product,

and § 1003.11(b) states that

manufacturers, when notified by FDA,

must provide information on the

number of defective products

introduced into commerce. Section

1003.20(a) through (h) specifies

information to be provided by

manufacturers to FDA when the

manufacturer discovers a defect or

failure to comply. Section 1003.21(a)

through (d) specifies the content and

format of the notification by

manufacturers to affected persons

required by § 1003.10(a). Under

§ 1003.22(a) and (b), manufacturers

must provide to FDA copies of the

§ 1003.10 disclosure sent to purchasers

and to dealers or distributors. Section

1003.30(a) and (b) specifies criteria by

which manufacturers may request an

exemption from the § 1003.10 disclosure

and possible product recall and

§ 1003.31(a) and (b) specifies the

content of the § 1003.30 report and the

procedure that the agency will follow in

reviewing exemption requests. Sections

1004.2(a) through (i), 1004.3(a) through

(i), and 1004.4(a) through (h) require

manufacturers to report to FDA every

plan to remedy a product defect or

noncompliance through repair or

replacement or refund.