[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Proposed Rules]
[Pages 17445-17446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8542]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 302, 303, and 307

RIN 0970-AC01


State Parent Locator Service; Safeguarding Child Support 
Information: Proposed Delay of Effective Date

AGENCY: Administration for Children and Families (ACF), Department of 
Heath and Human Services.

ACTION: Proposed delay of effective date.

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SUMMARY: 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], the Department published a document in the 
Federal Register on March 3, 2009 [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,'' published in the Federal Register on September 26, 2008 
[73 FR 56422]. That rule addresses 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. In response to 
comments, the Department issued a document March 20, 2009 [74 FR 11880] 
delaying the effective date of the rule by 60 days until May 22, 2009, 
in order to permit officials of the new Administration an opportunity 
to review and approve the policies in the regulation.
    The Department is currently reviewing questions of law and policy 
raised by the rule. However, based upon the review that has been 
conducted to date and the nature of the comments received in response 
to the March 3, 2009 document, it appears that further revisions to the 
final rule may be warranted in one or more areas. In response to these 
comments and in order to afford officials an opportunity to review and 
consider further the provisions of the September 26, 2008 final rule, 
the Department is considering delaying the effective date to December 
30, 2010.

[[Page 17446]]

    The Department solicits comments specifically on the contemplated 
delay in effective date.

DATES: Comments must be received on or before May 5, 2009.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> 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.

FOR FURTHER INFORMATION CONTACT: Yvette Riddick, Office of Child 
Support Enforcement, Division of Policy, (202) 401-4885.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 26, 2008, a final rule following notice and comment 
period entitled ``State Parent Locator Service; Safeguarding Child 
Support Information'' [73 FR 56422], was published in the Federal 
Register to address requirements for State Parent Locator Service, 
State IV-D program safeguarding and authorized disclosure of 
confidential 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, we published a notice in the 
Federal Register [74 FR 9171] on a contemplated delay of 60 days in the 
effective date of the safeguarding. In response to comments, the 
Department issued a subsequent notice on March 20, 2009 [74 FR 11880] 
delaying the effective date of the September 26, 2008 final rule for 60 
days until May 22, 2009, in order to permit officials of the new 
Administration an opportunity to review and approve the policies in the 
regulation.
    We now believe additional time is needed for Department officials 
to complete their review of the rule and to assess fully the comments 
received in response to the March 3, 2009 notice. Although the Notice 
invited comments generally on whether a delay in effective date was 
needed ``to allow Department officials the opportunity for further 
review and consideration,'' it also generated focused comments 
recommending changes to several particular substantive areas of the 
final rule. In addition to supporting a delay in the effective date, 
the commenters raised a number of serious questions that warrant 
further consideration by the Administration.
    For example, one commenter 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 (Food Stamps) program and 
the State revenue (Tax) program. Another commenter 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 of the 
rule to ensure that the provisions of the rule conform with The 
Fostering Connections to Success and Increasing Adoptions Act (Pub. L. 
110-351), signed into law on October 7, 2008, after the rule was 
finalized.
    Several commenters raised specific policy objections to the 
September 26, 2008 final rule including concerns about the rules for 
disclosure of confidential location information. Another commenter 
stated that the regulations need to be reviewed and revised to assure 
significantly greater protection of that information from use for non-
child support purposes.
    Additionally, a number of commenters focused on the disclosure of 
information to an ``agent of a child'' and raised concerns that some 
private collection agencies may not actually serve the child's best 
interests and raised concerns that these private entities are not 
subject to ethics and confidentiality rules such as those governing 
State agencies and attorneys and there may be unintended adverse 
consequences of such disclosures.
    Department officials need time to complete their review of the 
policies contained in the September 26, 2008, final rule and to 
consider fully the concerns raised by commenters. Should Department 
officials determine that it is necessary and appropriate to make any 
changes to the provisions of the September 26, 2008, final rule, HHS 
will provide the public with notice of and an opportunity to comment on 
any proposed changes. Accordingly, we are considering delaying the 
effective date of the September 26, 2008, final rule until December 30, 
2010.

II. Provisions of This Action

    The contemplated delay in the effective date would give Department 
officials the opportunity for further review of the issues of law and 
policy raised by the rule. The Department is inviting comments on the 
contemplated extension of the effective date of the regulation to 
December 30, 2010.

(Catalog of Federal Domestic Assistance Program No. 93.563, Child 
Support Enforcement)

    Dated: April 9, 2009.
Charles E. Johnson,
Acting Secretary.
 [FR Doc. E9-8542 Filed 4-10-09; 11:15 am]
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