Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 32145 

achieve the finest presort level for the 

mailing, except that a flat-size copalletized 

mailing prepared under 8.11 or 8.14 using 

the bundle reallocation option may not 

always result in all bundles being placed on 

the finest pallet level possible.* * * Origin 

mailers participating in a copalletized 

mailing of Standard Mail letters in trays must 

prepare a separate postage statement for the 

portion entered at the origin site and another 

postage statement for the portion directed to 

the consolidator. 

* * * * * 

8.8 Basic Uses 

These types of mail may be palletized: 

* * * * * 

[Revise 8.8 by re-sequencing items f 

through i as the new g through j and adding 

a new item f as follows:] 

f. Copalletized multiple letter-size 

mailings, prepared in trays, subject to 8.0. 

* * * * * 

[Revise title of 8.16 as follows:] 

8.16 Copalletized Letter-Size and Flat-size 

Pieces—Periodicals or Standard Mail 

8.16.1 Basic Standards 

[Revise 8.16.1 as follows:] 

Copalletized letter- and flat-size mailings 

must meet the applicable standards in 8.0. In 

addition, if copalletized under 10.0, 12.0, or 

13.0, the applicable provisions of that 

preparation option must also be met. Any 

combination of automation mailings and 

nonautomation mailings is subject to the 

restrictions in 8.14. Trays and bundles in a 

copalletized mailing qualify for the 

appropriate presort level price, regardless of 

the pallet level on which they are placed. 

Mailers participating in copalletized mailings 

must: 

a. Transmit postage statements and mailing 

documentation to the USPS using an 

approved electronic method. 

b. In accordance with 708.6.5 and 708.6.6, 

use Intelligent Mail tray labels on trays and 

sacks and Intelligent Mail container placards 

on pallets or similar containers. 

c. If consolidating multiple mailings on 

pallets, update the electronic data for each of 

the original mailings. This updated data must 

be reflected in the electronic data transmitted 

to the USPS by the consolidator. 

d. Meet postage payment requirements as 

specified by Business Mailer Support. 

8.16.2 Periodicals 

Additional standards are as follows: 

* * * * * 

[Revise 8.16.2 by adding a new item d as 

follows:] 

d. Postage for copalletized mailings of flatsize Periodicals must be paid at the 

consolidator’s site. 

8.16.3 Standard Mail 

Additional standards are as follows: 

* * * * * 

[Revise 8.16.3 by adding a new item f as 

follows:] 

f. Origin mailers participating in a 

copalletized mailing of Standard Mail letters 

in trays must prepare a separate postage 

statement for the portion entered at the origin 

site and another postage statement for the 

portion directed to the consolidator. 

* * * * * 

707 Periodicals 

* * * * * 

27.0 Combining Multiple Editions or 

Publications 

* * * * * 

27.5 Documentation 

* * * The following additional standards 

apply: 

[Revise 27.5 by adding a new item c and 

d as follows:] 

c. Unless excepted by Business Mailer 

Support (BMS), mailers combining 

Periodicals publications under 27.1a must 

transmit postage statements and mailing 

documentation to the USPS using a BMSapproved electronic method. 

d. Mailers combining Periodicals 

publications under 27.1c must transmit 

postage statements and mailing 

documentation to the USPS using a BMSapproved electronic method. 

[Renumber current 27.6 through 27.8 as 

new 27.7 through 27.9 and add a new item 

27.6 as follows:] 

27.6 Additional Standards 

Mailers combining Periodicals publications 

under 27.1a or 27.1c must: 

a. Use Intelligent Mail tray labels on trays 

and sacks and Intelligent Mail container 

placards, under 708.6.5 and 6.6, on pallets or 

similar containers. 

b. When using a consolidator, prepare a 

separate postage statement for the portion of 

the mailing accepted at the origin site and 

another statement for that portion directed to 

a consolidator. 

c. When using a consolidator under 27.1c, 

pay postage at the consolidator’s site. 

d. If consolidating multiple mailings on 

pallets, update the electronic data for each of 

the original mailings. This updated data must 

be reflected in the electronic data transmitted 

to the USPS. 

f. Meet postage payment requirements as 

specified by Business Mailer Support. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes if our proposal is adopted. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–13574 Filed 6–4–10; 8:45 am] 

BILLING CODE 7710–12–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: Notice of proposed rulemaking. 

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 and 

significantly enhanced access to 

information for title IV–D child support 

purposes. States are moving toward 

more integrated service delivery to 

better serve the families and further the 

mission of the child support 

enforcement program, while protecting 

confidential data. This Notice of 

Proposed Rulemaking (NPRM) proposes 

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 

proposed rule would revise certain 

aspects of the final rule State Parent 

Locator Service; Safeguarding Child 

Support Information Final Rule 

published on September 26, 2008 and 

effective December 30, 2010. This 

NPRM will prohibit 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: Consideration will be given to 

comments received on or before August 

6, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Interested persons are invited 

to submit written comments via regular 

postal mail to: Office of Child Support 

Enforcement, Administration for 

Children and Families, 370 L’Enfant 

Promenade, SW., 4th Floor, 

Washington, DC 20447, Attention: 

Division of Policy; Mail Stop: ACF/ 

OCSE/DP. 

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32146 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 

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 NPRM is published under the 

authority granted to the Secretary of the 

United States Department of Health and 

Human Services (Secretary) by sections 

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

Social Security Act (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 NPRM 

pertaining to the Federal Parent Locator 

Service (Federal PLS) implement 

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

Section 453 requires the Secretary to 

establish and conduct a Federal Parent 

Locator Service (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 Social Security Act), 

Temporary Assistance to Needy 

Families program (TANF or IV–A 

program authorized under title IV–A of 

the Social Security 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 NPRM pertaining 

to the State Parent Locator Service (State 

PLS) implement sections 454(8) and 

(17), 42 U.S.C. 654(8) and (17), which 

require each State IV–D program to 

establish a State Parent Locator Service 

(State PLS) to locate parents by 

exchanging data with the Federal PLS 

and utilizing other information sources 

and records. 

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 FPLS shall not be 

used or disclosed except as expressly 

provided in section 453. Section 

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. 

Additionally, sections 454(16) and 

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

require States to maintain computerized 

child support enforcement systems to 

carry out their responsibilities under 

title IV–D and to have in effect 

safeguards on the access to and use of 

data in the State’s automated system. 

II. Background 

This NPRM will prohibit disclosure of 

confidential and personally identifiable 

information to private collection 

agencies and expand the disclosure of 

confidential and personally identifiable 

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 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 warrant 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 

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1Available at http://www.acf.hhs.gov/programs/ 

cse/pol/AT/2002/at-02-04.htm. 

2Available at http://www.acf.hhs.gov/programs/ 

cse/pol/DCL/2002/dcl-02-35.htm. 

3Available at http://www.acf.hhs.gov/programs/ 

cse/pol/IM/2002/im-02-09.htm. 

4Available at http://www.acf.hhs.gov/programs/

cse/pol/PIQ/2002/piq-02-02.htm. 

5Available at http://www.acf.hhs.gov/programs/ 

cse/pol/PIQ/2003/piq-03-05.htm. 

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 child’s best 

interests. Specific comments 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), signed into law 

on October 7, 2008, eleven days after the 

Safeguarding Final Rule was published. 

One commenter also indicated that the 

final rule appeared to prohibit the State 

IV–D agency from disclosing 

confidential information, such as child 

support payment records, to other State 

agencies, including the State food 

assistance program (now called the 

Supplemental Nutrition Assistance 

Program (SNAP)). 

This NPRM proposes 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 are 

addressed in the NPRM. The final rule 

published on September 26, 2008 in 73 

FR 56442 will go into effect on 

December 30, 2010. It is our intent that 

the selected revised sections, as 

proposed in this notice, also will go into 

effect on December 30, 2010 via a 

separate final rule. We are specifically 

seeking comments on those issues 

raised by commenters as mentioned 

above and the proposed revisions 

discussed further below. 

The preamble includes a discussion 

about the rationale behind the changes, 

followed by an explanation of the 

provisions of the proposed regulation. 

The major issues include a prohibition 

against disclosure of confidential and 

personally identifiable information to 

private child support collection 

agencies and expanded release of 

information for titles IV–B and IV–E 

purposes. In order to address concerns 

regarding disclosure of information to 

private child support collection 

agencies, we propose to define the term 

‘‘agent of a child’’ as it is used in section 

453(c)(3). Under a broad interpretation 

of the term ‘‘agent of a child’’ included 

in policy guidance previously issued by 

OCSE, a private collection agency is 

treated as an agent of a child in some 

States and thus may obtain confidential 

information about parents and families 

from the Federal PLS and State PLS. 

However, this term is not defined in the 

statute or regulation. The proposed 

definition of ‘‘agent of a child’’ included 

in this NPRM will prohibit the 

disclosure of information to private 

child support collection agencies 

concerning which the State has no 

contractual relationship or oversight 

responsibility, and also will revise 

sections of the rule that are inconsistent 

with the proposed definition of ‘‘agent of 

a child.’’ The proposed definition will 

supersede the five policy statements 

issued by OCSE in 2002 and 2003 with 

respect to disclosure of information 

contained in the State PLS and the 

Federal PLS to private child support 

collection agencies. The prior policy 

allowed States to disclose PLS 

information to private collection 

agencies, and although never 

promulgated as a rule, it has been in 

place for several years. We are 

particularly interested in comments on 

superseding the previously-issued 

policy. A more detailed explanation of 

these policy documents, and the 

underlying policy considerations, are 

discussed in section III of the preamble. 

We also propose revisions to the rule 

that would expand permissible 

disclosure of information in the Federal 

PLS and the State PLS to State IV–B and 

IV–E agencies to assist States in carrying 

out their responsibilities under those 

programs, pursuant to section 453(j)(3), 

as amended by The Fostering 

Connections to Success and Increasing 

Adoptions Act of 2009 (Pub. L. 110– 

351). 

III. Discussion of the Issues 

In late 2002, OCSE issued a series of 

four policy statements dated December 

4, 2002 addressing Federal law and 

regulation on disclosure of information 

and redirection of child support 

payments to private collection agencies. 

OCSE also issued a fifth policy 

statement addressing the same issues on 

May 23, 2003. The policy statements 

are: 

• AT–02–04, Providing FPLS locate 

services to an ‘‘agent of the child’’ for 

child support purposes; 1

• DCL–02–35, Federal Guidance on 

Private Collection Agencies; 2

• IM–02–09, Effective Practices for 

Working with Child Support Private 

Collection Agencies; 3 and 

• 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; 4

• PIQ–03–05, Guidance on Private 

Collection Agencies—Agent of a Child 

and Third Party Addresses for 

Correspondence.5

The policy guidance issued in 2002 

and 2003 stated that Federal law and 

regulation did not prohibit State IV–D 

programs from providing confidential 

and personally identifiable information 

and redirecting child support 

collections to private collection agencies 

upon request of a custodial parentpayee. The policy stated that, if 

permitted under applicable State law, a 

private collection agency could act as 

the ‘‘agent of a child.’’ The term was not 

defined in the Act or in regulation and 

it was left to States to determine 

whether or not to release such 

information to private collection 

agencies. The policy guidance was 

issued by OCSE following the issuance 

of a General Accounting Office (now the 

Government Accountability Office) 

report regarding access to information in 

Federal databases and use of wage 

withholding by private child support 

collection agencies (GAO 02–349, 

March 2002). 

Public comments received in response 

to the March 3 and April 15, 2009 

notices, as well as recent litigation 

alleging unlawful actions by private 

child support collection agencies 

adverse to the interests of families 

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32148 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 

6United States Postal Service v. Child Support 

Services of Atlanta, Inc., No. 7:09–CV–111 (M.D. 

Ga. Feb. 19, 2010): Commonwealth of Virginia, et 

al. v. Supportkids, Inc., No. 08000728–00 (Va. Cir. 

Ct. Richmond City Nov. 17, 2009); and 

Commonwealth of Virginia, et al. v. Supportkids 

Services, Inc., No. 3:10–CV–73, 2010 U.S. Dist. 

LEXIS 30726 (E.D. Va. Mar. 29, 2010). 

7For example, see the Committee on Oversight 

and Government Reform’s Hearing on ‘‘Identity 

Theft: Victims Bill of Rights’’ at: http:// 

oversight.house.gov/index.php?option=com_

content&view=article&id=4264&catid=48:hearings&

Itemid=29. 

http://hsgac.senate.gov/public/index.cfm?

FuseAction=Hearings.Hearing&Hearing_

ID=db89f4c3-b2b8-42fd-8dae-934a1b317c35 

http://oversight.house.gov/index.php?option=

com_content&view=article&id=4286:qprivacy-theuse-of-commericial-information-resellers-byfederal-agenciesq&catid=48:hearings&Itemid=29 

http://waysandmeans.house.gov/hearings.asp?

formmode=detail&hearing=570&comm=4. 

8Some of these practices are described in U.S. 

General Accountability Office, Child Support 

Enforcement: Clear Guidance Would Help Ensure 

Proper Access to Information and Use of Wage 

Withholding by Private Firms. http://www.gao.gov/ 

new.items/d02349.pdf 

9See the National Child Support Enforcement 

Strategic Plan FY 2005–2009, at http:// 

www.acf.hhs.gov/programs/cse/pubs/2004/ 

Strategic_Plan_FY2005-2009.pdf. 

served by the IV–D program,6 have 

given us sufficient concern to reassess 

the September 26, 2008 rule and the 

2002 and 2003 policy guidance 

permitting disclosure of confidential 

information in the Federal and State 

databases to private collection agencies. 

Accordingly, this NPRM proposes 

revisions to relevant parts of the 

September 26, 2008 rule that would 

supersede the 2002 and 2003 policy 

statements with respect to disclosure of 

confidential and personally identifiable 

information in the Federal PLS and the 

State PLS to private child support 

collection agencies due to: (1) The 

increase in public security and privacy 

concerns with personally identifiable 

data maintained by the government and 

the dramatic increase in incidences of 

identity theft; (2) the questionable 

practices and fiscal instability of several 

large private child support collection 

agencies; and (3) the Department’s 

interest in promoting policies that serve 

the best interest of children and 

families. These underlying policy 

considerations, discussed further below, 

have informed our proposed definition 

of ‘‘agent of the child’’ in proposed 

§ 301.1, discussed in section IV. 

Increase in Security and Privacy 

Concerns 

In June 2009, the Department of 

Health and Human Services (HHS), 

Office of the Chief Information Officer, 

issued the HHS–OCIO Policy for 

Information Systems Security and 

Privacy (http://www.hhs.gov/ocio/

policy/hhs-ocio_policy_

for_information_systems_security_

and_privacy__.html). The policy 

provides direction to the information 

technology security programs of HHS 

Operating Divisions and Staff Divisions 

for the security and privacy of HHS data 

in accordance with the Federal 

Information Security Management Act 

of 2002 (FISMA). The policy states that, 

‘‘The HHS Information Security and 

Privacy Program (henceforth, ‘‘the 

Program’’) has evolved and matured over 

the last several years as new Federal 

requirements have been published and 

as advances in technology have been 

made. Citizens’ concerns over the 

unauthorized disclosure of protected 

health information and personally 

identifiable information have placed 

information technology security and 

privacy issues at the forefront of the 

national dialogue, positively impacting 

the way in which public, private, and 

government organizations provide 

services and protect information.’’ In 

recent years, Congress also has held a 

number of hearings highlighting rising 

concerns with identity theft and other 

confidentiality issues.7 In light of this 

new HHS policy and its associated 

requirements, as well as the concerns 

expressed in Congressional hearings, we 

believe that more rigorous controls over 

access by private entities to confidential 

and personally identifiable data, 

including Social Security numbers, are 

warranted. 

Questionable Practices of Child Support 

Private Collection Industry 

In addition to privacy concerns, OCSE 

takes its obligation as steward of 

confidential and personally identifiable 

information that has been entrusted by 

parents and Congress very seriously. 

Several private child support collection 

agencies have had a history of consumer 

complaints made by custodial parents, 

non-custodial parents, grandparents, 

employers, and courts, as well as the 

recent litigation brought by the U.S. 

Postal Service and Commonwealth of 

Virginia cited above. The complaints 

allege that some private collection 

agencies use questionable tactics, 

including deceptive advertising, 

perpetual service contracts that prohibit 

cancellation, falsely representing the 

business as a government office, using 

official-looking documents to pressure 

employers to redirect support withheld 

from employees’ paychecks, demanding 

payments from grandparents, 

demanding payments from noncustodial parents that are not owed, and 

other allegedly deceptive and abusive 

tactics.8

OCSE is aware of recent litigation 

filed by the United States Postal Service 

alleging that a private collection agency 

misrepresented itself as a State agency 

to defraud parents in several States. 

Two cases were filed by the State 

Attorney General on behalf of Virginia. 

Such litigation reflects a growing 

national concern with the business 

practices sometimes used by private 

child support collection agencies. It is 

the Department’s position that such 

questionable practices should not be 

facilitated or subsidized by providing 

access to confidential information 

entrusted to the Federal Government 

and States. A recent bankruptcy filing 

by one of the largest private collection 

agencies and subsequent transfer of 

parents’ cases to other companies with 

which the parents had no contact has 

added to our concern. This proposed 

rule would not prohibit or ban these 

private collection activities. Such 

companies can still acquire data directly 

from the custodial parents who sign up 

for their services or through private data 

search companies. 

Promoting Policies That Serve the Best 

Interest of Children and Families 

We are concerned that policies issued 

by the Department should generally 

promote the best interest of children 

and families. The child support program 

is no longer primarily a welfare 

reimbursement, cost recovery device for 

the Federal and State governments; it is 

now a family-first program intended to 

ensure families’ self-sufficiency and 

strengthen parents’ commitment to 

supporting their children.9 Child 

support policies should help increase, 

not decrease, family income and 

stability, and strengthen, not 

undermine, parent-child relationships. 

As indicated previously, consumer 

complaints allege that the practices of 

some private child support collection 

agencies have had the effect of reducing 

child support income received by 

families and increasing conflict between 

parents, and thus do not serve the best 

interests of children and families. 

Expansion of the Release of Information 

for IV–B/E Program Purposes 

The Fostering Connections to Success 

and Increasing Adoptions Act of 2008 

(the Fostering Connections Act) was 

signed into law on October 7, 2008, 

eleven days after the publication of the 

Safeguarding Final Rule published on 

September 26, 2008. Section 105 of the 

Fostering Connections Act amended 

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

Act to expand the authority for 

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10See, e.g., In the Matter of Struthers, 179 Ariz. 

216 (Arizona Sup. Ct., 1994), where the Arizona 

Supreme Court disbarred a private attorney who 

used a variety of tactics to collect child support that 

violated rules of professional responsibility. 

information comparisons and 

disclosures of information in all 

registries for title IV program purposes 

to include child welfare and foster care 

programs funded under part B and part 

E of the Social Security Act. The new 

law authorizes disclosure of information 

in the Federal PLS and the 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.’’ 

Section 103 of the Fostering 

Connections Act amends section 471(a) 

of the Social Security Act to provide 

additional authority to expand the scope 

of information disclosed to State IV–B 

and IV–E programs by adding paragraph 

(29) requiring the State to have a child 

welfare plan that: 

(29) provides that, within 30 days after the 

removal of a child from the custody of the 

parent or parents of the child, the State shall 

exercise due diligence to identify and 

provide notice to all adult grandparents and 

other adult relatives of the child (including 

any other adult relatives suggested by the 

parents), subject to exceptions due to family 

or domestic violence, that— 

(A) Specifies that the child has been or is 

being removed from the custody of the parent 

or parents of the child; 

(B) explains the options the relative has 

under Federal, State, and local law to 

participate in the care and placement of the 

child, including any options that may be lost 

by failing to respond to the notice; 

(C) describes the requirements under 

paragraph (10) of this subsection to become 

a foster family home and the additional 

services and supports that are available for 

children placed in such a home; and 

(D) if the State has elected the option to 

make kinship guardianship assistance 

payments under paragraph (28) of this 

subsection, describes how the relative 

guardian of the child may subsequently enter 

into an agreement with the State under 

section 473(d) to receive the payments. 

In addition, section 206 of the 

Fostering Connections Act requires the 

child welfare agency to make reasonable 

efforts to place siblings removed from 

their home in the same foster care, 

kinship guardianship, or adoptive 

placement, unless joint placement 

would be contrary to the safety or wellbeing of any of the siblings, and to 

provide for frequent visitation or other 

ongoing interaction between the siblings 

if the children are not placed in the 

same home. Information in the Federal 

PLS and State PLS regarding the 

location of adult relatives and siblings 

of children involved in child welfare 

and foster care cases would assist IV–B 

and IV–E State agencies to meet the 

requirements of sections 103 and 206 of 

the Fostering Connections Act. 

Comments received in response to the 

March 3 and April 15, 2009 notices 

indicate that the amendment made to 

section 453(j)(3) of the Act made by the 

Fostering Connections Act permits 

disclosure of a broader range 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. 

Therefore, this proposed regulation 

expands disclosure of information to 

IV–B and IV–E agencies to assist States 

in carrying out their responsibilities 

under those programs, including 

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. 

IV. Provisions in the Proposed 

Regulations 

Part 301 

Sec. 301.1 Definitions (‘‘Agent of the 

Child’’) 

As discussed above, section 453 of the 

Act, enacted in 1975 by Public Law 93– 

647, prohibits the Federal PLS from 

releasing confidential and personally 

identifiable information about 

individuals maintained by the IV–D 

program, other than to an ‘‘authorized 

person’’ for an authorized purpose. 

Section 453(c) defines ‘‘authorized 

person’’ as: 

(1) any agent or attorney of any State 

having in effect a plan approved under this 

part, who has the duty or authority under 

such plans to seek to recover any amounts 

owed as child and spousal support or to seek 

to enforce orders providing child custody or 

visitation rights (including, when authorized 

under the State plan, any official of a 

political subdivision); 

(2) the court which has authority to issue 

an order against a noncustodial parent for the 

support and maintenance of a child, or to 

issue an order against a resident parent for 

child custody or visitation rights, or any 

agent of such court; 

(3) the resident parent, legal guardian, 

attorney, or agent of a child (other than a 

child receiving assistance under a State 

program funded under part A) (as determined 

by regulations prescribed by the Secretary) 

without regard to the existence of a court 

order against a noncustodial parent who has 

a duty to support and maintain any such 

child; and 

(4) a State agency that is administering a 

program operated under a State plan under 

subpart 1 of part B, or a State plan approved 

under subpart 2 of part B or under part E. 

Similarly, 45 CFR 302.35(c)(3), which 

requires the State PLS to accept requests 

for confidential and personally 

identifiable information only from 

authorized persons, incorporates the 

definition of ‘‘authorized persons’’ 

specified in section 453(c). 

As stated in section 453(c)(3), an 

authorized person includes ‘‘the resident 

parent, legal guardian, attorney, or agent 

of a child (other than a child receiving 

assistance under a program funded 

under part A).’’ A ‘‘resident parent’’ lives 

with the child and provides the child’s 

day-to-day care. An individual who has 

been appointed by court order as a 

child’s ‘‘legal guardian’’ is legally 

responsible for the child’s care and has 

a legal obligation to act in the child’s 

best interest. An ‘‘attorney’’ has an 

ethical obligation to represent the 

interests of the child, and is subject to 

State licensure and professional 

responsibility rules.10 The terms 

resident parent, legal guardian and 

attorney are commonly understood and 

therefore are not further defined herein. 

We also note that each of these 

‘‘authorized persons’’ has a relationship 

with the child that imposes an intrinsic 

responsibility to assure protection of the 

child’s welfare and interests. For 

example, a private attorney involved in 

a child support case has undertaken the 

responsibility to provide legal 

representation to the resident parent or 

child related to the establishment, 

modification or enforcement of a child 

support obligation. An attorney-client 

relationship has thus been created 

which imposes an ethical and fiduciary 

duty upon the attorney to represent the 

child’s best interests, and the attorney is 

subject to a Code of Professional 

Responsibility. Since the term ‘‘agent of 

a child,’’ on the other hand, is 

susceptible to broad interpretation and, 

as has been demonstrated, may 

previously have included ‘‘agents’’ with 

a pecuniary interest of their own that 

may be inconsistent with the child’s 

best interests, we believe that this term 

warrants definition. 

While the term ‘‘agent of a child’’ is 

not defined in statute or rule, section 

454(11)(B) of the Act, 42 U.S.C. 

654(11)(B), also enacted in 1975 by 

Public Law 93–647, (formerly, section 

454(12) of the Act), is instructive. 

Section 454(11)(B) requires States to 

distribute child support payments as 

specified in sections 456 and 457, 42 

U.S.C. 656 and 657. Section 454(11)(B) 

provides that a State plan must: 

Provide that any payment required to be 

made under section 456 or 457 to a family 

shall be made to the resident parent, legal 

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11See, e.g., 42 U.S.C. 602(a)(1)(A); Rodriguez v. 

Vowell, 472 F.2d 622 (5th Cir.), cert. denied 412 

U.S. 944, 93 Sup. Ct. 2777, 37 L.Ed.2d 404 (1973) 

(‘‘The plain language of the Social Security Act, its 

legislative history, and the relevant decisional 

precedent make clear that the needs of the caretaker 

relative, as well as those of the dependent child, are 

to be considered in deciding if a family is eligible 

for an AFDC grant.’’) 

guardian, or caretaker relative having 

custody of or responsibility for the child or 

children. (Emphasis added.) 

A ‘‘caretaker relative’’ is a longstanding 

term used in the Temporary Assistance 

to Needy Families (TANF) program and 

its predecessor program, Aid to Families 

with Dependent Children (AFDC), to 

refer to those relatives responsible for 

the day-to-day care of children and who 

are eligible to apply for cash assistance 

for needy families, regardless of the 

existence of a legal custody order or 

legal guardianship status.11

We have carefully considered the 

intent of Congress in designating an 

‘‘agent of a child,’’ and believe the close 

connection in language between 

sections 453(c)(3) and 454(11)(B) and 

the long-established understanding of 

‘‘caretaker relative’’ for title IV–A 

purposes is informative. Accordingly, 

we propose to amend § 301.1 by adding 

the following definition: 

Agent of a Child means a caretaker relative 

having custody of or responsibility for the 

child. 

We believe that limiting the definition 

of ‘‘agent of the child’’ to ‘‘caretaker 

relative’’ is consistent with the other 

terms in section 453(c) which identify 

individuals with responsibility to 

protect and further the child’s best 

interest. As indicated, the proposed 

definition has a statutory basis that is 

derived from and consistent with 

section 454(11)(B). The proposed 

definition of the term ‘‘agent of a child’’ 

recognizes the practical reality that 

children are sometimes left in the care 

of a grandmother or other relative and, 

even though the relative may not have 

been appointed by a court as the child’s 

legal guardian or have legal custody of 

the child, the relative can be expected 

to protect and act in the child’s best 

interest. The definition also accords 

with the responsibility of the 

government to safeguard confidential 

and personally identifiable information 

and prevent misuse of the data. 

This section is open to public 

comment. We are specifically seeking 

comments on this proposed definition 

of ‘‘agent of a child’’ which will 

supersede the 2002 and 2003 policy 

options which allowed States to 

determine whether or not to permit 

disclosure of confidential and 

personally identifiable information to 

private child support collection 

agencies. We also are seeking comments 

on whether to add a definition of 

‘‘attorney of the child’’ to the final rule. 

Sec. 302.35 State Parent Locator 

Service 

The final regulation at § 302.35(a) 

requires each State to maintain a State 

PLS to provide locate information to 

authorized persons for authorized 

purposes. This paragraph is not open for 

notice and comment and will not be 

addressed in this NPRM. The effective 

date of this paragraph is December 30, 

2010. 

The final regulation at § 302.35(b) 

requires the State IV–D program to 

maintain a central State PLS. This 

paragraph is not open for notice and 

comment and will not be addressed in 

this NPRM. The effective date of this 

paragraph is December 30, 2010. 

In the final rule published on 

September 26, 2008, the amendments to 

§ 302.35(c) were intended to establish 

safeguards for accessing locate 

information in the State PLS and the 

Federal PLS, specifically with respect to 

requests from a resident parent, legal 

guardian, attorney, or agent of a non-IV– 

D child. We propose to open only 

paragraph (c)(3) for comment. 

Paragraphs (c)(1), (c)(2) and (c)(4) will 

remain intact. The effective date of 

those parts of these paragraphs is 

December 30, 2010. 

We propose to eliminate 

§ 302.35(c)(3)(iii) which includes a 

provision that an agent of a child not 

receiving assistance under title IV–A 

may provide evidence of a contract that 

meets the requirements of State law that 

will allow information to be provided to 

that agent. We are deleting this language 

because of the concerns identified by 

Departmental officials regarding 

disclosure of information to private 

child support collection agencies as 

discussed earlier in the preamble. We 

also would renumber § 302.35(c)(3)(iv) 

as § 302.35(c)(3)(iii). 

The Fostering Connections Act has 

raised questions about the extent to 

which data maintained in the Federal 

PLS and State PLS is available to assist 

State child welfare agencies in carrying 

out their program responsibilities to 

locate potential placements for a child 

removed from parental custody and for 

permanency planning purposes. With 

the enactment of the Fostering 

Connections Act, there are now two 

separate sections of the Act that provide 

authority for the IV–D program to 

disclose information to State IV–B and 

IV–E agencies. Section 453(c) of the 

Social Security Act was amended in 

1997 by The Adoption and Safe 

Families Act (Pub. L. 105–89) to include 

State IV–B and IV–E programs as 

authorized persons that may receive 

specified information under section 

453(a) about the location, income and 

assets of a person ‘‘who has or may have 

parental rights with respect to a child.’’ 

Subsequently, the Fostering 

Connections Act amended section 

453(j)(3) of the Social Security Act to 

authorize the Secretary to provide 

information to assist States in carrying 

out their responsibilities under part IV– 

B and IV–E. We are particularly seeking 

comments on proposed language with 

respect to two overarching issues. The 

first issue is whether the language in the 

Fostering Connections Act broadens the 

types of Federal PLS information 

otherwise available to State child 

welfare agencies under section 453 

concerning parents and non-parent 

relatives of children involved in child 

welfare cases. The second issue is 

whether State IV–D programs should 

have the flexibility to provide a broader 

range of State PLS information to State 

child welfare agencies, for example, 

under an interagency agreement. 

We are thus specifically soliciting 

comments on proposed section 

302.35(d) regarding the scope of 

information that may be disclosed from 

the Federal PLS and State PLS 

concerning parents and non-parent 

relatives of children involved in child 

welfare cases pursuant to section 

453(j)(3), as amended by the Fostering 

Connections Act. Data maintained in the 

Federal and State PLS may include 

information about the individual’s 

location, income and employment 

benefits such as health insurance, 

assets, debts, child support payment 

history, and the family violence 

indicator (FVI), as well as other 

confidential information found in the 

automated system. We are specifically 

seeking comments as to: (1) Whether the 

information disclosed about parents of a 

child involved in a IV–B or IV–E case 

should be broader than information 

disclosed about non-parent relatives; (2) 

whether each State IV–D agency should 

have the option to provide a broader 

range of data elements to the State child 

welfare agency than available through 

the Federal PLS; and (3) the manner of 

data exchange between the State PLS 

and State child welfare agency, for 

example through the use of an 

interagency agreement or a 

memorandum of understanding. To that 

end, we have proposed language in 

302.35(d)(2) to allow for a broader range 

of information that can be shared. 

We are opening section 302.35(d) for 

comment. Section 302.35(d)(1) permits 

access by State IV–B and IV–E agencies 

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to the State PLS locate function and the 

data elements listed in section 453(a) 

with respect to information about 

custodial parents, non-custodial 

parents, and putative fathers. We are 

specifically soliciting comments on this 

section of the regulation with respect to 

(1) authorized purposes for disclosure 

and (2) the scope of information 

available to IV–B and IV–E agencies 

about parents of children involved in 

IV–B and IV–E cases. 

We propose to redesignate section 

§ 302.35(d)(2) of the September 26, 2008 

rule as § 302.35(d)(3) and add a new 

§ 302.35(d)(2) to identify the 

information that can be shared with IV– 

B and IV–E agencies to locate children 

and their relatives involved in IV–B and 

IV–E cases. This paragraph, which 

addresses information available from 

the State PLS, would permit disclosure 

for these reasons: Information about 

children and their relatives involved in 

a IV–B or IV–E case in order to assist 

State child welfare agencies in carrying 

out their program responsibilities 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 

their permanency planning 

responsibilities under the authority of 

section 453(j) of the Act, for example, by 

providing information regarding the 

Family Violence Indicator (FVI) or 

information about a child’s paternity 

status. We are specifically soliciting 

comments on this section of the 

regulation on the appropriate balance to 

strike between assisting IV–B and IV–E 

programs in placing children, and 

safeguarding the privacy of relatives 

whose information may be included in 

the Federal or State PLS. This section 

does not apply to IV–D information 

maintained outside of the State PLS, 

such as payment records. 

The proposed language is clear that 

the State PLS information may also be 

disclosed to State IV–A agencies for the 

purpose of assisting States to carry out 

their responsibilities to administer title 

IV–A programs. These programs include 

the TANF program, which funds cash 

assistance, workforce and other services, 

as well as Tribal programs operating 

under title IV–A authority. 

The final regulation at § 302.35(e) 

addresses locate information subject to 

disclosure. This portion of the 

regulation is not open for notice and 

comment and is not addressed in this 

NPRM. The effective date of this 

paragraph is December 30, 2010. 

Part 303 

Sec. 303.3 Location of Noncustodial 

Parents in a IV–D Case 

This portion of the regulation is not 

open for notice and comment and is not 

addressed in this NPRM. The effective 

date of this paragraph is December 30, 

2010. 

Sec. 303.20 Minimum Organizational 

and Staffing Requirements 

We propose to amend paragraph (b)(7) 

of this section of the regulation to 

ensure consistency throughout this 

chapter based on proposed amendments 

to §§ 302.35 and 303.70. 

This section is open for public 

comment. 

Sec. 303.21 Safeguarding and 

Disclosure of Confidential Information 

Prior to the passage of PRWORA, the 

safeguarding regulation at 45 CFR 

§ 303.21 allowed the disclosure of 

information connected to the 

administration of any Federal or 

federally assisted program which 

provides assistance, in cash or in kind, 

or services, directly to individuals on 

the basis of need. These needs-based 

programs included the Food Stamps 

program (now SNAP), as well as the 

AFDC program authorized under title 

IV–A (now TANF). The safeguarding 

rule was eliminated by interim final 

rule, published in the Federal Register 

on February 9, 1999 (64 FR 6237) in 

response to the President’s 

Memorandum of March 4, 1995 to heads 

of Departments and Agencies which 

announced a government-wide 

Regulatory Reinvention Initiative to 

reduce or eliminate obsolete regulations 

and mandated burdens on States, other 

governmental agencies, or the private 

sector. 

As mentioned earlier in the preamble, 

during the comment solicitation period, 

the Department received a comment that 

the rule appeared to prohibit the State 

IV–D agency from disclosing such 

information as the child support 

payment records to SNAP. This was not 

the Department’s intent. The Food, 

Conservation, and Energy Act of 2008, 

Public Law 110–246, enacted on June 

18, 2008, amended section 453(j)(10) of 

the Act to permit disclosure, for 

purposes of administering a 

supplemental nutrition assistance 

program under the Food and Nutrition 

Act of 2008, of information on the 

individuals and their employers 

maintained in the National Directory of 

New Hires. To comply with the changes 

made to section 453(j)(10) of the Act, 

and, in accordance with section 

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

proposes to reinstate permission for 

disclosure of information, including the 

child support payment records, to 

SNAP. 

Accordingly, we propose to amend 

paragraph § 303.21(d)(1) to include 

disclosures of information to the State 

agency administering SNAP. The 

remainder of § 303.21 is not open for 

notice and comment and is not 

addressed in this NPRM. 

This section is open to public 

comment. 

Sec. 303.69 Requests by Agents or 

Attorneys of the United States for 

Information From the Federal Parent 

Locator Service (PLS) 

We propose to make a technical 

amendment to this section of the 

regulation to ensure consistency 

throughout this chapter based on 

proposed amendments to § 303.70. 

Current § 303.69(c) references 

§ 303.70(c); the proposed technical 

amendment changes the reference to 

§ 303.70(d). We propose to amend only 

§ 303.69(c). The remainder of § 303.69 is 

not open for notice and comment and is 

not addressed in this NPRM. 

This section is open to public 

comment. 

Sec. 303.70 Procedures for 

Submissions to the State Parent Locator 

Service (State PLS) or the Federal Parent 

Locator Service (Federal PLS). 

We propose to amend paragraph (a) of 

§ 303.70 to include a provision 

consistent with the proposed change to 

§ 302.35 to permit the release of 

information for IV–B and IV–E 

purposes, including implementation of 

the Fostering Connections Act. 

This section is open to public 

comment. 

Section 303.70 paragraphs (b)–(d) are 

not open for comment. These 

paragraphs remain unchanged. The 

effective date of these paragraphs is 

December 30, 2010. 

We propose to amend paragraph 

(e)(1)(i) of § 303.70 to include a 

provision to permit disclosure of 

information about children and relatives 

involved in a IV–B or IV–E case in order 

to assist State child welfare agencies in 

carrying out their program 

responsibilities 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 their permanency planning 

responsibilities under the authority of 

section 453 of the Act consistent with 

the proposed changes to §§ 303.35 and 

303.70(a). 

This section is open to public 

comment. 

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Because section 303.70(e)(2) of the 

rule refers to ‘‘agent of a child’’ and also 

refers to § 302.35, in which changes 

were proposed, this section is open for 

comment. The remainder of this section 

is not open for comment. 

Part 307 

Sec. 307.13 Security and 

Confidentiality for Computerized 

Support Enforcement Systems in 

Operation After October 1, 1997 

Part 307 of the rule addresses 

computerized system data integrity and 

security. Computerized child support 

enforcement systems are required to 

have safeguards protecting the integrity, 

accuracy, completeness of, access to, 

and use of information in the 

computerized support enforcement 

system. Section § 307.13 is not opened 

in its entirety for comment. We are 

proposing a change to § 307.13(a)(3), 

(4)(iii) and (iv). These sections are open 

to public comment. The remainder of 

§ 307.13 is not opened for comment. 

We propose to amend § 307.13(a)(3) to 

include a provision consistent with the 

proposed change to § 303.21 permitting 

the release of information to State 

agencies administering SNAP. 

As mentioned earlier in the preamble, 

this proposed regulation addresses 

release of information to IV–B and IV– 

E agencies to locate parents, children 

and relatives of children and other 

disclosures needed to carry out their 

program responsibilities. For these 

reasons we propose at § 307.13(a)(4)(iii) 

and (iv) that NDNH and FCR 

information may be disclosed without 

independent verification to title 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 that disclosure be allowed 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. 

For clarity, the following appendices 

lay out the type of information that can 

be shared. The charts reflect the 

information as written in the NPRM. 

Appendix A addresses information 

available to locate individuals through 

the State PLS. Appendix B addresses 

information available to locate an 

individual sought in a child custody/ 

visitation or parental kidnapping case. 

Appendix C provides the authorities for 

State IV–D agencies to release 

information to title IV, XIX, XXI, SNAP 

and other specified programs. 

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 

Limitations1

Agent/attorney of a 

State who has the 

duty or authority to 

collect child and 

spousal support 

under the IV–D plan; 

Section 453(c)(1).

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. 

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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 

Limitations1

Resident parent, legal 

guardian, attorney, 

or agent of a child 

not receiving IV–A 

benefits (a non-IV–D 

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. 

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. 

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. 

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 Section 453(b)(2) for release process to court or agent of 

the court. 2A Tribal IV–D program may request access to the Federal PLS under this authority. See PIQ–07–02/TPIQ–07–02, Q&R 7. 

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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 

Limitations1

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. 

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. 

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 Section 453(b)(2) for release process to court or agent of 

the 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 

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. 

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

TRIBAL PROGRAMS—Continued 

Authority Authorized purpose 

of request Authorized person/program Authorized information returned Limitations 

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, food 

stamps, 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.

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 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 

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 proposed 

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. 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 $100 

million in any one year. 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 notice of proposed rule making 

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 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: February 19, 2010. 

Carmen R. Nazario, 

Assistant Secretary for Children and Families. 

Approved: March 31, 2010. 

Kathleen Sebelius, 

Secretary of Health and Human Services. 

Accordingly, the Department of 

Health and Human Services proposes to 

amend 45 CFR part 301 and to further 

amend 45 CFR parts 302, 303, and 307, 

as amended September 26, 2008 (73 FR 

56443), effective March 23, 2009, and 

delayed March 20, 2009 (74 FR 11880), 

until May 22, 2009, and delayed again 

May 22, 2009 (74 FR 23798), until 

December 30, 2010, 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. 

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2. Section 301.1 is amended by 

adding a definition for ‘‘agent 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. 

* * * * * 

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 (c)(3) and (d) to read as 

follows: 

§ 302.35 State parent locator service. 

* * * * * 

(c) * * * 

(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) 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) and (d)(3) 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 § 303.21 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: 

* * * * * 

7. 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 (PLS). 

* * * * * 

(c) All requests under this section 

shall contain the information specified 

in § 303.70(d) of this part. 

* * * * * 

8. Amend § 303.70 by revising 

paragraphs (a), (e) introductory text, 

(e)(1)(i), and (e)(2) to 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 

title IV–D, IV–A, IV–B, and IV–E 

programs. 

* * * * * 

(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 

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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 

9. 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. 

10. 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. 2010–13021 Filed 6–4–10; 8:45 am] 

BILLING CODE P 

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