60038 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

Illinois 60604. Please telephone Matt 

Rau at (312) 886–6524 before visiting 

the Region 5 Office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), USEPA, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6524. 

Rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

B. What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Action Is EPA Taking Today? 

III. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule? 

I. General Information 

A. Does This Action Apply to Me? 

This action applies to a single source, 

Serigraph, Incorporated of Washington 

County, Wisconsin. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit CBI 

to EPA through RME, regulations.gov or 

e-mail. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information in a disk or CD 

ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action Is EPA Taking Today? 

EPA is proposing to approve a 

revision to the Wisconsin VOC SIP for 

Serigraph. The revision approves 

Serigraph’s use of a biofilter to control 

VOC emissions from several lines in 

Plant 2 at its facility. This is an 

alternative to the controls listed in the 

SIP. Section NR 422.04(2)(d) of the 

Wisconsin Administrative Code allows 

an alternative control method that is 

demonstrated to reliably control 

emissions to a level at or below the 

applicable SIP limit and is approved by 

the Wisconsin Department of Natural 

Resources. The biofilter will reliably 

control VOC emissions at a level in line 

with other control techniques for 

surface printing facilities. An eighty 

percent overall control efficiency for 

VOC emissions is required for a control 

device. Overall control efficiency 

includes both capture and destruction 

efficiencies. Plant 2 is designed as a PTE 

ensuring all the emissions are captured 

and exhausted into the biofilter. 

Serigraph has operated its biofilter since 

May 1997. An average of 54 tons of VOC 

emissions are vented to the biofilter 

each year. The average exhaust from the 

biofilter is about 8 tons of VOC per year. 

This comfortably exceeds the control 

requirement. 

III. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule? 

For additional information, see the 

Direct Final Rule which is located in the 

Rules section of this Federal Register. 

Copies of the request and the EPA’s 

analysis are available electronically at 

RME or in hard copy at the above 

address. Please telephone Matt Rau at 

(312) 886–6524 before visiting the 

Region 5 Office. 

Dated: September 15, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–20613 Filed 10–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 302, 303 and 307 

State Parent Locator Service; 

Safeguarding Child Support 

Information 

AGENCY: Administration for Children 

and Families, Office of Child Support 

Enforcement (OCSE). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Personal Responsibility 

and Work Opportunity Reconciliation 

Act of 1996 (PRWORA) created and 

expanded State and Federal title IV–D 

child support enforcement databases 

and significantly enhanced access to 

information for title IV–D child support 

purposes. States are moving toward 

integrated service delivery and 

developing enterprise architecture 

initiatives to link their program 

databases. This proposed rule is 

designed to prescribe requirements for: 

State Parent Locator Service responses 

to authorized location requests; and 

State IV–D agency safeguarding of 

confidential information and authorized 

disclosures of this information. This 

proposed rule would restrict the use of 

confidential data and information to 

child support purposes, with exceptions 

for certain disclosures permitted by 

statute. 

DATES: Consideration will be given to 

comments received by December 13, 

2005. 

ADDRESSES: Send comments to: Office of 

Child Support Enforcement, 

Administration for Children and 

Families, 370 L’Enfant Promenade, SW., 

4th floor, Washington, DC 20447. 

Attention: Director, Policy Division, 

Mail Stop: OCSE/DP. Comments will be 

available for public inspection Monday 

through Friday from 8:30 a.m. to 5 p.m. 

on the 4th floor of the Department’s 

offices at the above address. You may 

also transmit written comments 

electronically via the Internet at: 

http://www.regulations.acf.gov. To 

download an electronic version of the 

rule, you may access http:// 

www.regulations.gov. 

FURTHER INFORMATION CONTACT: Yvette 

Hilderson Riddick, Policy and 

Automation Liaison, OCSE, 202–401–

4885, e-mail: yriddick@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 7 p.m. eastern time. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60039 

SUPPLEMENTARY INFORMATION: 

Statutory Authority 

This notice of proposed rulemaking is 

published under the authority granted 

to the Secretary by section 1102 of the 

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

1302. Section 1102 authorizes the 

Secretary to publish regulations that 

may be necessary for the efficient 

administration of the functions for 

which he is responsible under the Act. 

The provisions of this proposed rule 

pertaining to the Federal Parent Locator 

Service (PLS) implement section 453 of 

the Act, 42 U.S.C. 653. Section 453 

requires the Secretary to establish and 

conduct a Federal PLS to obtain and 

transmit specified information to 

authorized persons for purposes of 

establishing parentage, establishing, 

modifying, or enforcing child support 

obligations, and enforcing any Federal 

or State law with respect to a parental 

kidnapping; or making or enforcing a 

child custody or visitation 

determination, as described in section 

463 of the Act. It authorizes the 

Secretary to use the services of State 

entities to carry out these functions. 

The provisions relating to the State 

PLS implement section 454(8) of the 

Act, 42 U.S.C. 654(8), which requires 

each State plan for child support 

enforcement to provide that the State 

will: (1) Establish a service to locate 

parents utilizing all sources of 

information and available records and 

the Federal PLS; and (2) subject to the 

privacy safeguards in section 454(26) of 

the Act, 42 U.S.C. 654(26), disclose only 

the information described in sections 

453 and 463 of the Act to the authorized 

persons specified in those sections. 

The provisions relating to the States’

computerized support enforcement 

systems implement section 454A of the 

Act, 42 U.S.C. 654a, which requires 

States’ systems to perform such 

functions as the Secretary may specify 

relating to management of the State title 

IV–D program. 

In addition, the provisions pertaining 

to safeguarding of information 

implement section 454(26) of the Act, 

which 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. 

Nothing in this rule is meant to prevent 

the appropriate use of administrative 

data for program oversight, 

management, and research. 

Organization of Preamble Discussion 

The preamble discussion that follows 

is divided into two sections. The first 

section discusses amendments to the 

regulations on locating individuals and 

their assets in response to authorized 

location requests. The second section 

discusses a proposed new regulation on 

safeguarding and disclosure of State 

information and amendments to the 

regulation on security and 

confidentiality of information in 

computerized support enforcement 

systems. 

Provisions of the Regulation 

Section 1. State Parent Locator Service 

(§§ 302.35, 303.3, 303.20, and 303.70) 

Current Federal regulations governing 

the IV–D program offer minimal 

guidance on the role of the State PLS. 

Federal regulations at 45 CFR 301.1 

define the term ‘‘State PLS’’ to mean 

‘‘the service established by the IV–D 

agency pursuant to section 454(8) of the 

Act to locate parents.’’ Resident parent 

in this proposed rule refers to custodial 

parent as established by the IV–D 

agency. 

The regulations at 45 CFR 302.35 (a) 

and (b) require the IV–D agency to 

establish a central State PLS office using 

all relevant sources of information and 

records in the State, in other States, and 

in the Federal PLS. 

At paragraph (c) of § 302.35, the role 

of the State PLS is addressed primarily 

in relation to the Federal PLS, 

specifying the individuals and entities 

from which the State PLS may accept 

requests to use the Federal PLS. 

Paragraph (d) restricts disclosure of 

Federal PLS information to these 

authorized persons. The current 

regulation does not provide guidance 

regarding information obtained through 

the State PLS from State sources. This 

proposed rule is intended to provide 

that guidance. 

The regulation is silent about 

information obtained by the State PLS 

from State sources. States have 

interpreted both section 454(8) of the 

Act and current § 302.35 to permit use 

of State resources for non-IV–D location 

purposes, including location for custody 

and visitation purposes. This 

interpretation is also based upon a 

reading of section 453 of the Act that the 

‘‘authorized persons’’ who are permitted 

to make a request to the Federal PLS—

including private collection agencies or 

attorneys under the umbrella of ‘‘agent 

or attorney of a child—would also be 

authorized to submit requests for 

location services to the State PLS for 

matching against the State’s own 

databases and against the databases of 

other States, often via the Child Support 

Enforcement Network. 

The proposed amendments to the 

State PLS regulations are designed to: 

• Address statutory changes from the 

Personal Responsibility and Work 

Opportunity Reconciliation Act of 1996 

regarding the information available to 

the State PLS from the Federal PLS; 

• Reflect current processes, such as 

the automated match data that States 

routinely receive and no longer have to 

request from the Federal PLS; and 

• Address disclosure of information 

obtained by the State PLS from State 

sources. 

Section 302.35, State Parent Locator 

Service 

The current regulation at § 302.35(a) 

contains a State plan requirement that 

the IV–D agency shall establish a State 

Parent Locator Service (PLS) using: (1) 

All relevant sources of information and 

records available in the State, and in 

other States as appropriate; and (2) the 

Federal PLS of the Department of Health 

and Human Services. 

Proposed paragraph (a) would modify 

the current requirement for each State to 

‘‘establish’’ a State PLS, since all States 

now have one, and instead require each 

State to ‘‘maintain’’ a State PLS ‘‘to 

provide locate information to authorized 

persons for authorized purposes.’’

The proposed § 302.35(a)(1), covering 

IV–D cases, is designed to require that 

the State PLS access ‘‘the Federal PLS 

and all relevant sources of information 

and records available in the State, and 

in other States as appropriate, for 

locating custodial and noncustodial 

parents for IV–D purposes.’’ This 

proposed amendment makes clear that 

the State may use the State PLS for 

locating either parent for IV–D 

purposes. This is particularly important 

when a State is unable to distribute 

child support collections because it 

does not have a current address for the 

custodial parent. This paragraph also 

refers the reader to 45 CFR 303.3 for 

locate requirements and locate sources 

to be used for IV–D cases. 

Revised paragraph (a)(2), covering 

locate requests for authorized non-IV–D 

individuals and purposes, would 

require a IV–D agency to access and 

release information authorized to be 

disclosed under section 453(a)(2) of the 

Act from ‘‘the Federal PLS and, unless 

prohibited by State law or written 

policy, information from relevant inState sources of information and 

records, as appropriate’’ to respond to 

locate requests from a non-IV–D entity 

or individual specified in paragraph (c), 

for purposes specified in paragraph (d), 

as discussed below. This proposed 

provision implements sections 453 

(a)(2) and 454(8) of the Act. Section 

453(a)(2) of the Act establishes the 

Federal PLS to locate an individual, 

60040 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

wages and other income from 

employment, and asset information. 

Section 454(8) of the Act requires the 

State PLS to access and release 

information described in sections 453 

and 463 of the Act from the FPLS and 

from ‘‘all sources of information and 

available records’’ in the State to 

‘‘authorized persons specified in such 

sections for the purposes specified in 

such sections.’’

For non-IV–D requests, under 

proposed paragraph (a)(2) the State PLS 

would not access IRS information or 

financial institution data match 

information, which are available only to 

IV–D agencies, and to a limited extent 

to their agents, under Federal statute. 

The Internal Revenue Code (IRC) 26 

USC6103(1), (6), (8), and (10) prohibits 

release of IRS information outside of the 

IV–D program, except for limited release 

allowed to IV–D contractors. This 

proposed regulation further restricts 

release of financial information received 

from the financial institution data match 

(FIDM) process under section 466(a)(17) 

of the Act. This prohibition implements 

the statutory responsibility of IV–D 

programs to safeguard confidential 

information not specifically authorized 

for release under section 453 of the Act. 

In addition, the restriction on release of 

financial information is intended to 

protect the privacy of individuals and 

their financial assets. 

The State PLS must not access data in 

its computerized support enforcement 

system or forward the request to another 

State IV–D agency for locate. The State 

PLS would not be required to make 

subsequent location attempts if initial 

efforts fail to find the individual or 

information sought. However, if a 

requestor demonstrates that there is 

reason to believe that new information 

may be available, the State IV–D agency 

must make a subsequent location 

attempt. The State PLS would be used 

only in conjunction with a request for 

information from the Federal PLS in 

non-IV–D requests. 

The current regulation at paragraph 

(b) requires that the IV–D agency must 

‘‘establish a central State PLS office and 

may also designate additional IV–D 

offices within the State to submit 

requests to the Federal PLS.’’ The 

proposed amendment to current 

§ 302.35(b) would remove mention of a 

State PLS ‘‘office,’’ in acknowledgment 

of changes in technology, which have 

prompted many States to alter their 

organizational structure and eliminate 

such ‘‘offices.’’ It would also require the 

IV–D agency to ‘‘maintain’’ rather than 

‘‘establish’’ a central State PLS. 

The current § 302.35(c)(1) through (5) 

specify the authorized persons and 

entities from whom the State PLS shall 

accept requests for locate information. 

The proposed amendments to paragraph 

(c) aim to strengthen the process by 

which authorized requestors obtain 

locate information through the State 

PLS, specifically with respect to 

requests from a resident parent, legal 

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

A child, as explained below. 

Proposed § 302.35(c)(2), covering IV–

D agency requests for information, has 

been reworded slightly for simplicity, 

but is otherwise unchanged and is 

reprinted for ease of review. 

Current § 302.35(c)(3) simply refers to 

the ‘‘resident parent, legal guardian, 

attorney, or agent of a child’’ in non-IV–

A cases as authorized persons. This 

paragraph would be expanded to 

address two concerns. The first concern 

addresses evidence of noncompliance 

with the statutory and regulatory 

requirement that requestors under 

section 453(c)(3) of the Act pay a fee 

pursuant to section 453(e)(2) of the Act. 

The second concern involves a private 

non-IV–D individual or entity acting on 

behalf of a non-IV–A child (whether or 

not the child is receiving services under 

the IV–D plan). 

Proposed § 302.35(c)(3) makes it clear 

that the State PLS will accept locate 

requests from the resident parent, legal 

guardian, attorney or agent of a child 

who is not receiving aid under title IV–

A of the Act only if key requirements 

are met. The proposed regulation would 

require the individual to: (i) Attest that 

the request is being made to obtain 

information on, or to facilitate the 

discovery of, an individual for the 

purpose of establishing parentage, 

establishing, setting the amount of, 

modifying, or enforcing child support 

obligations; (ii) attest that any 

information obtained through the 

Federal or State PLS will be used solely 

for these purposes and otherwise treated 

as confidential; (iii) provide evidence 

(e.g., an ID) that the requestor is the 

resident (custodial) parent, legal 

guardian or attorney of a child not 

receiving aid under title IV–A of the 

Act, or if an agent of such a child, 

evidence of a valid contract that meets 

any requirements in State law or written 

policy for acting as an agent; (iv) 

provide evidence that the requestor is 

the named individual who has requisite 

authority (e.g., guardianship papers 

identifying the requestor as the 

guardian) and (v) pay the Federal PLS 

fee required under section 453(e)(2) of 

the Act and current § 303.70(e)(2)(i) of 

this chapter (redesignated herein as 

§ 303.70(f)(2)(i)), if the State does not 

pay the fee itself. The proposal also 

specifies that the State may charge a fee 

to cover its costs of processing these 

requests. A State’s fee must be as close 

to actual costs as possible, so as not to 

discourage requests to use the Federal 

PLS. See 304.23(e) and 304.50 (a). 

The attestations proposed in new 

clauses (i) and (ii) of § 302.35(c)(3) are 

modeled after the attestations that IV–D 

Directors or designees make in receiving 

Federal PLS data from OCSE under 

current § 303.70(d)(1) and (2). The goal 

is to apply to private individuals and 

entities requesting Federal PLS data 

under section 453(c)(3) the same 

standard to which IV–D agencies must 

adhere. 

Proposed clause (iii) strengthens the 

process for ensuring that the requestor 

is one of the individuals authorized to 

act on behalf of a non-IV–A child for 

purposes of Federal PLS locate requests. 

Proposed clause (iv) is intended to 

bolster the process for ensuring the 

required Federal fee is paid, to clarify 

that the State also may recover its costs 

through a fee, and to ensure that States 

are aware that no Federal financial 

participation is available in 

expenditures that States incur if they 

pay these fees themselves in non-IV–D 

cases. As indicated in § 304.50(a) the 

IV–D agency must exclude from its 

quarterly expenditures claims an 

amount to all fees which are collected 

during the quarter under the title IV–D 

State plan all fees which are collected 

during the quarter under title IV–D. 

The proposed paragraph (c)(4) 

simplifies the language regarding the 

use of the Federal PLS for parental 

kidnapping, child custody or visitation 

cases. Previously, section 463 of the Act 

allowed States to enter into agreements 

to use the Federal PLS for parental 

kidnapping cases. Now States are 

required to have these agreements in 

place. The new language reflects the 

mandatory nature of this use, rather 

than making it contingent upon the 

existence of an agreement, as before. 

OCSE issued a recent Action 

Transmittal to raise awareness about use 

of the Federal PLS to locate a parent or 

child in order to: (1) Make or enforce a 

custody or visitation order; or (2) 

enforce a Federal or State law in a 

parental kidnapping case. This Action 

Transmittal, OCSE–AT–03–06, dated 

December 22, 2003, is available on the 

OCSE website at http:// 

www.acf.hhs.gov/programs/cse under 

the heading Policy Documents. 

The proposed paragraph (c)(5) merely 

rewords in simpler fashion the current 

language allowing locate requests from 

State title IV–B and title IV–E agencies. 

The current paragraph (d) is 

redesignated as paragraph (e), as 

discussed below. A new paragraph (d) is 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60041 

proposed to be added to specify the 

authorized purposes for which the State 

PLS and the Federal PLS may be used 

and the locate information that may be 

released for these purposes. Paragraph 

(d)(1) covers the purposes of parentage 

and child support and related 

authorized releases of information. It 

pertains to IV–D and non-IV–D 

authorized persons and programs, 

including title IV–B and IV–E agencies. 

Proposed paragraph (d)(2) covers the 

purposes 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 and the related 

authorized releases of information. The 

new paragraph (d) is intended to clarify 

how the purpose, requestor, and 

authorized release of information are 

tied together in responding to an 

information request. Section 463 of the 

Act, 42 U.S.C. 663, limits the 

information that may be disclosed for 

this type of inquiry. 

Paragraph (d) of the current 

regulation, redesignated here as 

paragraph (e), requires privacy 

safeguards for Federal PLS information 

only. The proposed amendment, 

specifies at paragraphs (e)(1) and (2) 

that, subject to the requirements of this 

section and the privacy safeguards 

required under section 454(26) of the 

Act, the State PLS shall disclose 

‘‘Federal PLS information’’ described in 

sections 453 and 463 of the Act and 

‘‘information from in-State locate 

sources as required by this section and 

described in § 303.3(b)(1) of this 

chapter’’ only to authorized persons for 

authorized purposes. 

A proposed Appendix A has been 

added at the end of this section to show 

graphically the linkages between 

authorizing statute, authorized purpose, 

authorized person or program, and 

authorized information. 

Section 303.3, Location of Noncustodial 

Parents in IV–D Cases 

The current regulation at § 303.3, 

Location of noncustodial parents, is 

divided into three main paragraphs. 

Paragraph (a) defines the term 

‘‘location.’’ Paragraph (b) specifies the 

types of cases in which ‘‘the IV–D 

agency must attempt to locate all 

noncustodial parents or sources of 

income and/or assets when location is 

necessary to take necessary action.’’

Paragraphs (b)(1) through (5) describe 

the steps the IV–D agency must take 

under this standard. Paragraph (c) 

requires the State to establish guidelines 

defining diligent efforts to serve process. 

Under the proposed regulation, 

§ 303.3 is re-titled ‘‘Location of 

noncustodial parents in IV–D cases.’’

Under paragraph (a) location is 

defined to mean ‘‘information 

concerning the physical whereabouts of 

the noncustodial parent, or the 

noncustodial parent’s employers(s), 

other sources of income or assets, as 

appropriate, which is sufficient and 

necessary to take the next appropriate 

action in a case.’’ The proposed 

amendment to paragraph (a) clarifies 

that the definition of ‘‘location’’ is 

applicable for this section only. It 

further clarifies that ‘‘location’’ is an 

action that means ‘‘obtaining 

information,’’ not simply ‘‘information.’’

The proposed amendments to 

paragraph (b) and its subparagraphs 

clarify which location requirements 

apply to IV–D cases. 

Paragraph 303.3(b) requires the IV-D 

agency to attempt to locate a 

noncustodial parent in a IV–D case 

when location is needed to take 

necessary action. Paragraphs (b)(1) 

through (5) provide an extensive list of 

location sources, which as discussed 

below are unchanged for the most part 

from the current regulation. While all of 

these sources cited in § 303.3(b)(1) are 

available in IV–D cases, they may not be 

all available in response to non-IV–D 

location requests, depending upon State 

law or written policy. We believe State 

IV–D agencies should search State 

databases upon receiving a request from 

a resident parent, legal guardian, 

attorney, or agent of a child but are 

allowing States to determine the extent 

of that search, in accordance with State 

law or policy. Therefore we have 

proposed adding the words ‘‘for IV–D 

services’’ in paragraph (b) to clarify that 

location provisions under this 

paragraph are required in IV–D cases 

only. 

Current paragraphs (b)(1) and (2) 

remain unchanged, but are republished 

to aid the reader. 

Paragraph (b)(3) currently requires 

timely access of all appropriate 

locations sources and specifies that this 

includes the Federal PLS. We propose to 

remove the words ‘‘including 

transmitting appropriate cases to the 

Federal PLS’’ because States now 

submit cases to the Federal Case 

Registry for automatic matching with 

the National Directory of New Hires for 

locate purposes. 

The existing regulation at paragraph 

(b)(4) requires the IV–D agency to ‘‘Refer 

appropriate cases to the IV–D agency of 

any other State, in accordance with the 

requirements of § 303.7 of this part.’’

The proposed amendment inserts the 

word ‘‘IV–D’’ before the word ‘‘cases’’ to 

clarify that the IV–D agency of State 1 

may refer only IV–D cases to the IV-D 

agency of State 2. 

Current paragraph (b)(5) remains 

unchanged, but is republished to aid the 

reader. 

Proposed new paragraph (b)(6) is 

intended to draw a direct link between 

the IV–D agency’s duty to locate 

noncustodial parents and the duty to 

safeguard information. The proposal 

incorporates by reference both the 

existing statutory requirement at section 

454(26) of the Act and the proposed 

regulatory requirement at § 303.21. 

Current paragraph (c) regarding 

diligent efforts to serve process is 

unchanged, but is republished to aid the 

reader in reviewing this section. 

Section 303.20, Minimum 

Organizational and Staffing 

Requirements 

The current regulation at § 303.20 

describes the minimum organizational 

and staffing requirements for the IV–D 

agency. Paragraph (b) of this section 

requires an organizational structure and 

staff sufficient to fulfill specified State 

level functions, including, in paragraph 

(b)(7), ‘‘operation of the State Parent 

Locator Service as required under 

§ 302.35 of this chapter.’’

The proposed amendment to 

§ 303.20(b)(7) inserts ‘‘§ 303.3 and 

303.70’’ after the citation ‘‘§ 302.35.’’

The amendment is designed to heighten 

awareness about the critical role of the 

State PLS and ensure that the IV–D 

agency dedicates adequate resources to 

comply with the State PLS’s 

responsibilities. 

Section 303.21, Safeguarding and 

Disclosure of Confidential Information 

As discussed below we are proposing 

to add a new Section 303.21 that will 

address safeguarding and disclosure of 

confidential information. This proposed 

regulation is discussed below in Section 

2 of the Preamble. 

Section 303.70, Procedures for 

Submissions to the State Parent Locator 

Service (State PLS) or the Federal Parent 

Locator Service (Federal PLS) 

The following proposes that the 

Federal PLS reflect the automated 

matching and return of information to 

IV–D agencies in IV–D cases from the 

Federal PLS’s Federal Case Registry and 

National Directory of New Hires. We are 

proposing to revise this section to 

address the current processes under 

which States no longer ‘‘request’’

Federal PLS information and we 

propose to replace the word ‘‘requests’’

with ‘‘submittals’’ wherever it appears. 

We are also proposing to redesignate 

60042 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

paragraph (a) as (b) and to insert a new 

paragraph (a) in this section. 

Paragraph (b) as redesignated includes 

language regarding a central State PLS 

‘‘office.’’ For the reasons discussed 

earlier with regard to § 302.35, we are 

proposing to omit mention of a central 

‘‘office.’’ The words ‘‘submit requests 

for information’’ are replaced with 

‘‘make submittals’’ and the phrase ‘‘for 

the purposes specified in paragraph (a)’’

is added at the end. 

Current paragraph (b) is redesignated 

as (c) and ‘‘requests’’ is replaced by 

‘‘submittals’’. 

The existing regulation at § 303.70(c) 

is redesignated as paragraph (d). The 

current paragraph (c)(2) requires the IV–

D agency to make ‘‘every reasonable 

effort’’ to find the individual’s SSN 

prior to submitting a request to the 

Federal PLS. The newly designated 

paragraph (d)(2) changes this wording to 

‘‘reasonable efforts,’’ in recognition of 

the increased technological capabilities 

at the Federal level to identify an 

individual’s SSN, or to search without 

it. In addition, in newly designated 

paragraph (d)(1) and (2), references to 

‘‘requests’’ have been changed to 

‘‘submittals’’ and ‘‘parent’’ has been 

changed to ‘‘parent or putative father’’

to clarify that information may also be 

sought to determine paternity. 

Existing paragraph (c)(3) requires that 

the request indicate ‘‘whether the 

individual is or has been a member of 

the armed services, if known.’’ Existing 

paragraph (c)(4) requires that the request 

indicate ‘‘whether the individual is 

receiving, or has received, any Federal 

compensation or benefits, if known.’’

Because the Federal PLS now 

automatically conducts a search to 

determine whether a person is or has 

been a member of the armed services, 

this proposed amendment removes 

current § 303.70(c)(3). The rationale for 

the proposed removal of current 

§ 303.70(c)(4) regarding searches for 

receipt of Federal compensation or 

benefits is the same as that for removal 

of current § 303.70(c)(3). Removal of 

these two obsolete paragraphs 

necessitates the redesignation of current 

paragraph (c)(5) as new paragraph (d)(3). 

The current regulation at § 303.70(d) 

has been redesignated as paragraph (e). 

It requires that each request from the 

State PLS to the Federal PLS be 

accompanied by a statement from the 

IV–D director, attesting to compliance 

with the listed requirements. Due to the 

expansion of the Federal PLS, 

submittals to the Federal PLS from the 

State PLS are received electronically. In 

addition, there has been a great increase 

in the volume of submittals. Although 

the concept of requiring an attestation 

remains important, requiring an 

attestation with every submittal is 

impractical and overwhelming. Thus, 

the proposed regulation allows for a 

single, annual attestation of compliance 

by the IV–D director regarding the use 

of the Federal PLS. The revised 

paragraph (e)(1)(i) would replace 

language about requests for information 

with language specifying that the IV–D 

agency will ‘‘obtain’’ information, since 

States obtain most Federal PLS 

information automatically now without 

request. A new paragraph (e)(1)(ii) 

would clarify that the IV–D agency will 

only provide information to authorized 

persons as specified in sections 453(c) 

and 463(d) of the Act. 

Proposed paragraph (e)(2) is new and 

would require that, in the case of a 

submittal made on behalf of a resident 

parent, legal guardian, attorney or agent 

of a child not receiving aid under title 

IV–A, the IV–D agency must verify that 

the requestor has complied with the 

provisions of § 302.35. The proposed 

paragraph is designed to add more 

specificity about the role of the State 

PLS as a gatekeeper to the Federal PLS 

and heighten the State PLS’s scrutiny of 

requests made by non-IV–D entities or 

individuals for Federal PLS services. 

The cross-reference to § 302.35 is 

intended to tighten up the procedures 

for accepting such requests. 

Proposed paragraph (e)(3), formerly 

paragraph (d)(2), has been changed to 

specify that the IV–D agency shall treat 

information obtained through the 

Federal PLS as confidential and shall 

safeguard the information in accordance 

with statutory requirements and 

proposed § 303.21. The IV–D agencies 

must continue to emphasize to any 

other entities with which they share 

information the importance of treating 

the information as confidential and 

safeguarding it. 

Current paragraph (e) has been 

redesignated as (f). In new paragraph 

(f)(1), the statutory references have been 

accompanied by explanatory phrases to 

enable the reader to better understand 

their meaning without requiring 

reference to the Act. In addition, current 

paragraph (e)(4)(i) is redundant of other 

language in this section and we propose 

to remove it and redesignate (e)(4)(ii) 

and (iii) as (f)(4)(i) and (ii). Finally, we 

propose to replace the word 

‘‘transmitted’’ in new paragraph (f)(4)(ii) 

with the word ‘‘paid’’ to allow OCSE to 

alter payment methods as technology 

advances, without a change to the 

regulations. 

Section 2. Safeguarding and Disclosure 

of Confidential Information (§ 303.21 

and Amended § 307.13) 

In the late 1990s, several amendments 

to the Social Security Act dramatically 

expanded the scope of information 

available to State IV–D agencies. The 

chart that follows lists the specific laws 

that had an impact on, or otherwise 

expanded access to and information 

received by, the Federal PLS and state 

child support enforcement programs. In 

addition, the amended legislation 

rendered obsolete or inconsistent 

several Federal regulations at 45 CFR 

chapter III, including the former 

regulation at 45 CFR 303.21, 

Safeguarding information. That 

regulation was not fully responsive to 

the post-PRWORA context in which the 

IV–D program now operates and it was 

removed by an interim final rule 

published in the Federal Register on 

February 9, 1999 (64 FR 6237, finalized 

on May 12, 2003 at 68 FR 25293). The 

Description of Regulatory Provisions is 

in the Preamble to the interim final rule 

indicated that OCSE would ‘‘develop 

comprehensive guidance consistent 

with PRWORA’s provisions concerning 

safeguarding information, including any 

implementing regulations that may be 

necessary.’’

Law Summary of major requirements 

Debt Collection Improvement Act (DCIA) of 1996 (Pub. L. 1104–134) 

(See also Executive Order 13019, September 16, 1998, and 31 CFR 

285.1 and 285.3).

—Increase the collection of non-tax debt, including past-due child support, through administrative offsets. 

Personal Responsibility and Work Opportunity Reconciliation Act 

(PRWORA) (Pub. L. 104–193).

—Transit certifications of child support debts from IV–D agencies to 

State Department for passport restrictions. 

—Reimburse SSA for SSN verfication and SDNHs for furnishing information. 

—Prohibit disclosure of FPLS information if the State notifies HHS of 

family violence. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60043 

Law Summary of major requirements 

Balanced Budget Reconciliation Act of 1997 (Pub. L. 105–33) ............... —2% of set-aside funds made available for use by Secretary for operation FPLS, to extent costs not recovered through user fees. 

—Expand FPLS data available for research. 

Adoption and Safe Families Act of 1997 (Pub. L. 105–89) ..................... —Make FPLS available to specified State IV–E and IV–B agencies. 

Taxpayer Relief Act of 1997 (Pub. L. 105–34) ......................................... —Require that FCR include names and SSNs of children and that data 

be available to Treasury for tax administration. 

Child Support Performance and Incentives Act of 1998 (CSPIA) (Pub. 

L. 105–200).

—Establish a new incentive funding scheme based upon States’ performance levels. 

—Assist States and multistate financial institutions, through the FPLS, 

in conducting a financial institution data match system. 

—Delete information rom the NDNH in 24 months, restrict use of 

NDNH data for child support purposes and permit HHS to retain 

samples of data for specified research purposes. 

—Impose a penalty for misuse of information in the NDNH. 

Consolidated Appropriations Act of 1999 (Pub. L. 106–113) ................... —Require HHS to match NDNH data against Department of Education 

data to collect debts on student loans and grant overpayments. 

—Expand penalty for misuing NDNH data. 

Consolidated Appropriations Act of 2004 (Pub. L. 108–199) ................... —Adds HUD access. 

In recent years, a frequently voiced 

position of State and local officials is 

the need for more data sharing across 

automated systems, particularly to 

provide better support for case managers 

in integrating services to clients. State 

officials often highlight the need for 

expanded capabilities to query multiple 

automated systems to support local 

program managers in obtaining the 

information they need to meet their 

particular management challenges. In 

making a disclosure under this 

provision, the IV–D agency may only 

disclose the minimum amount of 

confidential information needed for the 

purpose provided. 

The General Accounting Office (GAO) 

has issued several recent reports that 

examine the barriers to data sharing. 

These reports, available from GAO, 

include ‘‘The Challenge of Data Sharing: 

Results of a GAO-Sponsored 

Symposium on Benefit and Loan 

Programs’ (GAO–01–67, October 20, 

2000). A GAO symposium was held July 

7–8, 2000 and a major issue that it 

addressed was privacy and data sharing. 

The Child Support Enforcement 

program’s National Directory of New 

Hires was frequently cited by 

symposium participants to illustrate 

both the benefits of data sharing and the 

privacy concerns. Participants discussed 

how access to, and use of, shared 

information could be appropriately 

limited to official personnel for 

authorized purposes related to program 

administration. 

Many States now have enterprise 

architecture plans that envision systems 

integration efforts to support the 

delivery of integrated services and that 

advance the ‘‘no wrong door’’ concept 

for clients seeking services. In the past, 

because of different program and 

funding requirements, most of the State 

client information and eligibility 

systems were designed and built in 

relative isolation. To support an 

integrated approach to service delivery, 

current information systems may be 

integrated to allow greater sharing of 

client data and prevent redundant data 

collection, to the degree allowed by 

Federal and State law. States pursuing 

this approach to customer service cite 

privacy and security of data as major 

considerations. As a result, States are 

eager for guidance on how to restrict 

access to authorized users for 

authorized purposes only. 

In addition, we now have tribal child 

support programs funded under section 

455(f) of the Act. States need to know 

what information may be provided to 

tribal child support agencies. 

These proposed regulations will add a 

new 45 CFR 303.21 to address the 

following concerns: 

• What information is covered by 

safeguarding requirements? 

• Who is subject to the regulation? 

• What general rule applies to the 

information and the agencies and 

entities subject to the regulation? 

• What exceptions are there? 

• What safeguards are required? 

• What penalties apply if the 

regulation is violated? 

We also propose to amend 45 CFR 

307.13, Security and confidentiality for 

computerized support enforcement 

systems in operation after October 1, 

1997, for consistency with the changes 

in this proposed regulation requiring 

disclosure from the computerized 

support enforcement system of 

noncustodial parent names, addresses, 

telephone numbers and identifying IV–

A case numbers to Workforce 

Investment Boards, in accordance with 

section 454A(f)(5) of the Act, as 

discussed further below. 

Proposed Section 303.21, Safeguarding 

and Disclosure of Confidential 

Information 

The proposed regulation consists of 

six paragraphs: (a) Definition; (b) Scope; 

(c) General rule; (d) Authorized 

disclosures; (e) Safeguards; and (f) 

Penalties for unauthorized disclosure. 

Proposed Section 303.21(a), Definition 

The proposed regulation begins with 

a definition of the term ‘‘confidential 

information.’’ Paragraph (a) would 

provide that ‘‘confidential information 

means any information relating to a 

specified individual or an individual 

who can be identified by reference to 

one or more factors specific to him or 

her, including, but not limited, to the 

individual’s Social Security number, 

residential and mailing addresses, 

employment information, and financial 

information. The amount of support 

ordered and the amount of a support 

collection are not considered 

confidential information for purposes of 

this section.’’

Proposed § 303.21(a) is designed to 

serve two primary purposes. First, the 

proposed new § 303.21 provides for 

safeguarding information pertaining to 

individuals, including not only 

‘‘applicants or recipients of support 

enforcement services,’’ but also other 

individuals about whom information is 

maintained by the IV–D agency, such as 

information about noncustodial parents 

and children receiving IV–D services, as 

well as individuals not receiving IV–D 

services, such as newly hired employees 

reported to the State Directory of New 

Hires, who may have no connection to 

the IV–D program. 

Second, the proposed regulation 

provides that the responsibility of the 

IV–D agency to safeguard information 

applies to information that specifically 

relates to an identified or identifiable 

60044 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

individual. Thus, the phrase ‘‘including 

but not limited to’’ in § 303.21(a) is 

intended to highlight the types of 

information maintained by the IV–D 

agency that are most likely to be 

associated with a specific individual. 

Proposed Section 303.21(b), Scope 

The definition of the term 

‘‘confidential information’’ in proposed 

§ 303.21(a) is followed by a provision 

describing the scope of the proposed 

regulation. Proposed paragraph (b) 

reads: ‘‘The requirements of this section 

apply to the IV–D agency, any other 

State or local agency or official to whom 

the IV–D agency delegates any of the 

functions of the IV–D program, any 

official with whom a cooperative 

agreement as described in § 302.34 has 

been entered into, and any person or 

private agency from whom the IV–D 

agency has purchased services pursuant 

to § 304.22.’’

The provision extends the application 

of the proposed regulation beyond the 

IV–D agency to encompass individuals 

and entities performing IV–D functions 

under contract or cooperative agreement 

with the IV–D agency or from whom the 

IV–D agency has purchased services. 

Proposed § 303.21(b) comports with 

language in existing § 302.12, which 

requires that each State plan provide for 

the establishment or designation of a 

single and separate organizational unit 

to administer the IV–D plan. Section 

302.12(a)(2) makes it clear that the IV–

D agency shall be responsible and 

accountable for the operation of the IV–

D program but, with limited exceptions, 

need not perform all the functions of the 

IV–D program. If the agency delegates 

any of the IV–D functions or purchases 

services from any individual or entity, 

however, § 302.12(a)(3) makes it clear 

that the IV–D agency shall have 

responsibility for securing compliance 

with the State plan. In part, proposed 

§ 303.21(b) tracks the language in 

§ 302.12(a)(3) and is generally intended 

to clarify that entities under cooperative 

agreement with the IV–D agency and 

private contractors to the IV–D agency 

are bound by the same safeguarding 

requirements that bind the IV–D agency 

and its employees. The proposed 

provision relating to private contractors 

is similar to a requirement that applies 

to Federal contractors under the Privacy 

Act of 1974 (5 U.S.C. 552a(m)(1)), which 

governs Federal agencies, as well as the 

HHS regulations implementing the 

Privacy Act (45 CFR 5b.2(b)(1)). 

Proposed Section 303.21(c), General 

Rule 

Proposed paragraph (c) presents a 

general rule which states that ‘‘[e]xcept 

as authorized by the Act and 

implementing regulations, no entity 

described in paragraph (b) of this 

section shall disclose any confidential 

information obtained in connection 

with the performance of IV–D functions 

outside the administration of the IV–D 

program.’’

The general rule at proposed 

§ 303.21(c) prohibiting disclosure of 

confidential information is modeled 

after both the Federal Privacy Act and 

section 6103 of the IRC. Both the 

Privacy Act and the IRC provision on 

safeguarding data begin with a general 

prohibition on disclosure and then 

enumerate specific exceptions to the 

general rule. Proposed paragraph (d), 

described immediately below, 

enumerates the exceptions to the 

general rule presented in proposed 

paragraph (c). 

Proposed Section 303.21(d), Authorized 

Disclosures 

Proposed paragraph (d) sets forth the 

authorized disclosures that are 

exceptions to the general rule 

prohibiting disclosure of confidential 

information. Modeled after the first 

exception to the general prohibition 

against disclosure of tax information in 

section 6103 of the IRC, paragraph (d)(1) 

authorizes disclosure to the individual 

to whom the information pertains and 

anyone he or she designates. It would 

also enable the IV–D agency to release 

information that may be needed by an 

individual applying for certain services. 

In keeping with the view that an 

individual may consent to, or request, 

disclosure, this paragraph would make 

explicit that an individual shall be 

provided with his or her own 

confidential information, if requested. 

This would not include confidential 

information concerning any other 

individual involved in the case. 

Under proposed paragraph (d)(2), the 

IV–D agency would be required to 

disclose information for certain limited 

purposes, as designated. Under 

paragraph (d)(2)(i), and to the extent 

that it does not interfere with the IV–D 

agency meeting its own obligations, 

information must be shared for 

administration of programs under titles 

IV (TANF, child and family services, 

and foster care and adoption programs), 

XIX (Medicaid program), and XXI (State 

Children’s Health Insurance [SCHIP] 

program). Information is required to be 

shared with State programs under title 

IV and XIX in accordance with sections 

454A(f)(3) and 453A(h)(2) of the Act. 

Using the Secretary’s rule making 

authority under section 1102 of the Act, 

we included authority for States to share 

information with title XXI programs 

because of their close relationship with 

the IV–D program and because medical 

support is an important aspect of the 

Child Support Enforcement program. 

Similarly, the proposed regulation 

would include disclosure to tribal 

programs authorized under titles IV–A 

and IV–D because of the need for these 

programs to work closely with State IV–

D programs. State IV–D agencies are 

required to share information with these 

programs only to the extent that it does 

not interfere with their ability to meet 

their own obligations. 

Programs receiving confidential 

information may use the information 

only for the purpose for which it was 

disclosed and may not redisclose the 

information. Based on the Secretary’s 

general rulemaking authority in Section 

1102, this rule proposes in paragraph 

(d)(2)(ii), that information may be 

disclosed for investigations, 

prosecutions or criminal or civil 

proceedings related to the 

administration of the programs listed in 

paragraph (d)(2)(i). Paragraph (d)(2)(iii) 

would permit the release of information 

to appropriate agencies and officials in 

cases of suspected child abuse. Release 

of such information would take the best 

interest of the child in consideration. 

Finally, paragraph (d)(2)(iv) would 

permit the release of information to 

programs designated pursuant to 

sections 453A and 1137 of the Act for 

income and eligibility verification 

purposes. 

Proposed paragraph (d)(3) would 

require that, except for disclosures to 

title IV–A agencies, authorized 

disclosures under § 303.21(d)(2) shall 

not include confidential information 

from the National Directory of New 

Hires or Federal Case Registry, unless 

the information has been independently 

verified. No IRS information or financial 

institution data match information 

could be disclosed outside the 

administration of the IV–D program, 

unless independently verified or 

specifically authorized in Federal 

statute. IRS information is restricted as 

specified in the IRC. Note that financial 

institution data matches are authorized 

under section 466(a)(17) of the Act to 

increase the effectiveness of the IV–D 

program. Although a match occurs in 

coordination with the Federal PLS, 

financial institution data match 

information is not maintained by the 

Federal PLS, nor is it retrieved for 

Federal PLS location efforts outside the 

IV–D program. The information received 

in a financial institution data match 

may be used only as authorized in 

section 466(a)(17) of the Act for the 

purposes of locating and encumbering 

assets of a parent owing past-due 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60045 

support. In addition, section 453 of the 

Act does not include specific reference 

to the Federal role as intermediary in 

the financial institution data match 

required under section 466(a)(17) of the 

Act and, therefore, information received 

from such matches is not included in 

‘‘information described in sections 453 

and 463’’ required to be disclosed under 

section 454(8) of the Act to ‘‘authorized 

persons’’ referenced in those sections. 

Further, we believe that it is critical for 

IV–D agencies to protect and use only 

for IV–D purposes any financial 

information received as a result of these 

matches. 

Proposed Section 303.21(e), Safeguards 

This proposed section has its 

historical antecedent in 45 CFR 

303.21(b). Proposed paragraph (e) 

provides that ‘‘In addition to, and not in 

lieu of, the safeguards described in 

§ 307.13 of this chapter, which governs 

computerized support enforcement 

systems, the IV–D agency shall establish 

appropriate safeguards to comply with 

the provisions of this section.’’ Covered 

entities shall have in place appropriate 

administrative, technical, and physical 

safeguards. The cross-reference to part 

307 is intended to make it clear that the 

proposed regulation applies to all 

confidential information obtained by the 

IV–D agency, whether the data is 

maintained in an automated or nonautomated fashion. 

Proposed paragraph (e) also provides 

that these ‘‘safeguards shall also 

prohibit disclosure to any committee or 

legislative body (Federal, State, or local) 

of any confidential information, unless 

authorized by the individual as 

specified in paragraph (d) of this 

section.’’ This makes clear that a 

legislative body or governmental 

committee cannot compel the release of 

information pertaining to an individual 

without consent of the individual. 

Proposed Section 303.21(f), Penalties for 

Unauthorized Disclosure 

Proposed paragraph (f) provides that 

‘‘[a]ny disclosure of confidential 

information in violation of the Act and 

implementing regulations remains 

subject to any State and Federal statutes 

that impose legal sanctions for such 

disclosure.’’

The reference to Federal law in 

proposed § 303.21(f) reflects the fact 

that, in addition to State statutes 

imposing legal sanctions, Federal 

statutes may also contain legal sanctions 

regarding the unauthorized disclosure of 

confidential information. Federal law 

grants the Secretary authority to ensure 

State compliance with the requirements 

of title IV–D through a variety of 

mechanisms, including reductions in 

quarterly payments and State plan 

disapproval. For example, pursuant to 

section 452(a) of the Act, the Secretary 

may disapprove a State’s IV–D plan if 

the plan fails to comply with the 

requirements of section 454, including 

paragraph (26) of that section, requiring 

States to safeguard confidential 

information. 

An Appendix A has been included at 

the end of this section to show 

graphically the linkages between 

authorizing statute, authorized purposes 

for release of information, authorized 

persons or programs, and authorized 

information. 

Section 307.13—Security and 

Confidentiality for Computerized 

Support Enforcement Systems in 

Operation After October 1, 1997 

Section 307.13 addresses security and 

confidentiality of computerized 

systems. We are revising paragraph (a) 

of § 307.13. Under the proposed rule, 

current paragraphs (a), (a)(1) and (a)(2) 

are unchanged, but have been 

republished to aid the reader. Paragraph 

(a) requires the State IV–D agency to 

have safeguards, including written 

policies, concerning access to data in 

the State’s computerized support 

enforcement system. Paragraph (a)(1) 

requires the IV–D agency to have 

written policies to permit access to and 

use of data to the extent needed to carry 

out the State IV–D program. Paragraph 

(a)(2) requires the IV–D agency to 

specify in its written policies the data 

that may be used for particular program 

purposes, and the personnel permitted 

access to such data. 

Current § 307.13(a)(3) requires that 

the State agency have written 

procedures to permit access to data by 

title IV–A and XIX programs, as 

necessary for their program purposes 

We are proposing to revise this 

paragraph to require the IV–D agency 

exchange data from its computerized 

support enforcement system with other 

title IV programs and the State 

Children’s Health Insurance Program 

(SCHIP), to the extent that it does not 

interfere with the IV–D agency meeting 

its own obligations. The Office of the 

Inspector General, HHS, has conducted 

studies in cooperation with several 

States that demonstrated that many 

noncustodial parents are able to 

contribute to the costs of public health 

insurance, including SCHIP, on behalf 

of their children. The exchange and 

sharing of data between IV–D agencies 

and various other State and tribal IV–A 

and IV–D agencies, as well as State 

Medicaid and SCHIP programs, is 

critical to the success of these programs 

achieving their mutual goals, ensuring 

that families attain and maintain their 

independence from government cash 

and medical assistance. 

In addition, the proposed regulation 

adds a new paragraph (a)(4) to require 

written policies that permit disclosure 

of noncustodial parent names, 

addresses, telephone numbers and 

identifying IV–A case numbers to 

Workforce Investment Boards (formerly 

called private industry councils) that 

receive welfare-to-work grants, as 

authorized in section 454A(f)(5) of the 

Act. These Boards support work for lowincome noncustodial parents in their 

service areas. 

The proposed paragraph (a)(5) would 

require written policies that limit 

disclosure, outside the IV–D program, of 

National Directory of New Hire or 

Federal Case Registry information, IRS 

information or financial institution data 

match information, from the 

computerized support enforcement 

system, to information that has been 

independently verified. The rationale 

for these limitations is discussed 

previously in this Preamble. The single 

exception would be the required 

disclosure of National Directory of New 

Hire or Federal Case Registry 

information to title IV–A agencies, 

where verification before disclosure is 

not required. 

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. 

The Locate Request Attestation in the 

proposed § 302.35(c)(3) is the 

information collection requirement, 

which is proposed to ensure that only 

authorized persons obtain information 

from the Federal PLS. The State IV–D 

agency would be required to obtain an 

attestation from each resident parent, 

legal guardian, attorney or agent of a 

child not receiving aid under title IV–

A who requests information from the 

Federal PLS. Each requesting individual 

must: (1) Attest that the request for 

locate information is being made for an 

authorized purpose; (2) attest that the 

information will be used only for the 

authorized purpose and otherwise 

treated as confidential; and (3) provide 

evidence that the requestor is an 

authorized person. This information 

will be used to verify that the person 

making the request for Federal PLS 

information is in fact the resident 

parent, legal guardian, attorney or agent 

60046 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

of a child not receiving aid under title 

IV–A and to ensure that this person 

understands that the information must 

only be used for child support purposes 

and otherwise treated as confidential. 

The respondents affected by this 

information collection are State agencies 

and the parent, legal guardian, attorney 

or agent of a child not receiving aid 

under title IV–A. 

Estimated number of respondents Proposed frequency 

of response 

Average burden per 

response Total annual burden 

54 .................................................................................................................... 1 per week .............. .25 hour ................... 702 hours. 

The Administration for Children and 

Families will consider comments by the 

public on this proposed collection of 

information in the following areas: 

• Evaluating whether the proposed 

collection is necessary for the proper 

performance of the functions of ACF, 

including whether the information will 

have practical utility; 

• Evaluating the accuracy of the 

ACF’s estimate of the burden of the 

proposed collection[s] of information, 

including the validity of the 

methodology and assumptions used; 

• Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technology, e.g., permitting electronic 

submission of responses. 

OMB is required to make a decision 

concerning the collection of information 

contained in these proposed regulations 

between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

is best assured of having its full effect 

if OMB receives it within 30 days of 

publication. This does not affect the 

deadline for the public to comment to 

the Department on the proposed 

regulations. Written comments to OMB 

for the proposed information collection 

should be sent directly to the following: 

Office of Management and Budget, 

Paperwork Reduction Project, 725 17th 

Street, NW., Washington, DC20503, 

Attention: Desk Officer for the 

Administration for Children and 

Families. 

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. 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. Based on FY2004 data and 

analysis, some States allowing Private 

Collection Agencies to submit requests 

for location services to the FPLS, would 

at most double the amount of locate 

requests received by the FPLS. In 

FY2004, states reimbursed the FPLS for 

20% of these types of costs. Therefore, 

the net cost to the FPLS would be less 

than .2% of the overall FPLS costs. 

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 

regulations may affect family wellbeing. 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 impact on family wellbeing 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. We 

do not believe the regulation has 

federalism impact as defined in the 

Executive order. However, consistent 

with Executive Order 13132, the 

Department specifically solicits 

comments from State and local 

government officials on this proposed 

rule. 

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, 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60047 

Reporting and recordkeeping 

requirements. 

(Catalog of Federal Domestic Assistance 

Programs No. 93.563, Child Support 

Enforcement Program.) 

Dated: October 26, 2004. 

Wade F. Horn, 

Assistant Secretary for Children and Families. 

Approved: June 24, 2005. 

Michael O. Leavitt, 

Secretary of Health and Human Services. 

For the reasons discussed above, we 

propose to amend title 45 chapter III of 

the Code of Federal Regulations as 

follows: 

PART 302—STATE PLAN 

REQUIREMENTS 

1. The authority citation for part 302 

is revised to read as follows: 

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

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

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

2. Section 302.35 is revised to read as 

follows: 

§ 302.35 State parent locator service. 

The State plan shall provide as 

follows: 

(a) State PLS. The IV–D agency shall 

maintain a State PLS to provide locate 

information to authorized persons for 

authorized purposes. 

(1) For IV–D cases—The State PLS 

shall access the Federal PLS and all 

relevant sources of information and 

records available in the State, and in 

other States as appropriate, for locating 

custodial and noncustodial parents for 

IV–D purposes. Locate requirements for 

IV–D cases are specified in § 303.3 of 

this chapter; and 

(2) For authorized non-IV–D 

individuals and purposes—(i) The State 

PLS shall access and release information 

authorized to be disclosed under 

Section 453(a)(2) of the Act from the 

Federal PLS and, unless prohibited by 

State law or written policy, information 

from relevant in-State sources of 

information and records, as appropriate, 

for locating noncustodial parents upon 

request of authorized individuals 

specified in paragraph (c) of this 

section, for authorized purposes 

specified in paragraph (d) of this 

section. 

(ii) For a non-IV–D request, the State 

PLS shall not release information from 

the computerized support enforcement 

system required under part 307 of this 

chapter, IRS information, or financial 

institution data match information, nor 

shall the State PLS forward the request 

to another State IV–D agency. 

(iii) The State PLS need not make 

subsequent location attempts if locate 

efforts fail to find the individual sought. 

(iv) The State PLS may only be used 

in conjunction with a request for 

information from the Federal PLS in 

non-IV–D cases. 

(b) Central State PLS requirement. 

The IV–D agency shall maintain a 

central State PLS to submit requests to 

the Federal PLS. 

(c) Authorized persons. The State PLS 

shall accept requests for locate 

information only from the following 

authorized persons: 

(1) Any State or local agency or 

official providing child and spousal 

support services under the State plan; 

(2) A court that has authority to issue 

an order or to serve as the initiating 

court in an action to seek an order 

against a noncustodial parent for the 

support and maintenance of a child, or 

any agent of such court; 

(3) The resident parent, legal 

guardian, attorney, or agent of a child 

who is not receiving aid 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) Provides evidence that the 

requestor is either the resident parent, 

legal guardian or attorney of a child not 

receiving aid under title IV–A, or if an 

agent of such a child, evidence of a 

valid contract that meets any 

requirements in State law or written 

policy for acting as an agent; and 

(iv) Pays the fee required for Federal 

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

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

chapter, if the State does not pay the fee 

itself. The State may also charge a fee 

to cover its costs of processing the 

request, which must be as close to 

actual costs as possible, so as not to 

discourage requests to use the Federal 

PLS. If the State itself pays the fee for 

use of the Federal PLS or the State PLS 

in a non-IV–D case, Federal financial 

participation is not available in those 

expenditures. 

(4) Authorized persons as defined in 

§ 303.15 of this chapter in connection 

with parental kidnapping, child custody 

or visitation cases; or 

(5) A State agency that is 

administering a program operated under 

a State plan under titles IV–B or IV–E 

of the Act. 

(d) Authorized purposes for requests. 

The State PLS shall obtain location 

information under this section only for 

the purposes specified in paragraphs 

(d1) and (d2) of this section: 

(1) To locate an individual who may 

be the parent of a child in a IV–D or 

non-IV–D 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 

available through the Federal PLS or the 

State PLS may be provided. This 

information is limited to 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, or 

asset and debt information; 

(2) 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. For this 

purpose, only the information available 

through the Federal PLS or the State 

PLS may be provided. This information 

is limited to most recent address and 

place of employment of a parent or 

child. 

(e) Locate information subject to 

disclosure. Subject to the requirements 

of this section and the privacy 

safeguards required under section 

454(26) of the Act, the State PLS shall 

disclose the following information to 

authorized persons for authorized 

purposes: 

(1) Federal PLS information described 

in sections 453 and 463 of the Act; and 

(2) Information from in-State locate 

sources as required by this section and 

described in § 303.3(b)(1) of this 

chapter. 

60048 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

1Related regulations on locate function: 45 CFR 

303.3, Location of Noncustodial Parents in IV–D 

Cases; 45 CFR 303.20, Minimum Organizational and 

Staffing Requirements; 45 CFR 303.70, Procedures 

for Providing Information to the State PLS from the 

Federal PLS. 

Appendix A to § 302.35—Locating 

Individuals Through the State PLS 1

Authority: Sec. 453 of the Act; 45 CFR 

302.35, State Parent Locator Service. 

Authorized purpose Authorized person/program Authorized information 

A. Locating a parent or child involved in a IV–D child support 

case.

State IV–D agencies .................................................. From FPLS, in-state sources and other states as 

appropriate, individual’s name, address and SSN; 

employer’s name, address, and Federal Employer 

Identification Number (FEIN), wages, income and 

benefits from employment, including health care 

coverage, and asset or debt information. 

B. Locating a parent or child involved in a non-IV–D child support case.• Court/agent of court with authority to issue support order.

• Resident parent, legal guardian, attorney or agent 

of a non-IV–A child. 

From FPLS, and from in-state sources (unless prohibited), first 6 items above, wages, income and 

benefits from employment, including health care 

coverage, and asset or debt information available 

from a Federal or State agency. No automated 

system or other states’ data; no IRS information; 

no FIDM information; no subsequent attempts to 

locate unless additional information is provided. 

C. Locating an individual sought in 

a parental kidnapping, child custody or visitation case.

• A court with jurisdiction to order/enforce custody 

or visitation.

• Agent/attorney of state with authority to enforce 

custody or visitation rights. 

• Agent or attorney of US or a state with authority 

to investigate, enforce or prosecute unlawful taking or restraint of a child. 

From FPLS and in-state sources (unless prohibited), 

most recent address and place of employment. 

No automated system or other states’ data; no 

IRS information; no FIDM information; no subsequent attempts to locate unless additional information is provided. 

D. Locating an individual who is or 

may be a parent of a child.

State IV–B and IV–E agencies .................................. From FPLS, and from in-state sources (unless prohibited) first 6 items above, wages, income and 

benefits from employment, including health care 

coverage, and asset or debt information if available from a Federal or State agency. 

No automated system or other states’ data; no IRS 

information; no FIDM information; no subsequent 

attempts to locate. 

PART 303—STANDARDS FOR 

PROGRAM OPERATIONS 

1. The authority citation for part 303 

is amended 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). 

2. Revise § 303.3 to read as follows: 

§ 303.3 Location of noncustodial parents 

in IV–D cases. 

(a) Definition. For purposes of this 

section, location means obtaining 

information concerning the physical 

whereabouts of the noncustodial parent, 

or the noncustodial parent’s 

employer(s), other sources of income or 

assets, as appropriate, which is 

sufficient and necessary to take the next 

appropriate action in a IV–D case. 

(b) For all cases referred to the IV–D 

agency for IV–D services because of an 

assignment of support rights or cases 

opened upon application for IV–D 

services under § 302.33 of this chapter, 

the IV–D agency must attempt to locate 

all noncustodial parents or their sources 

of income and/or assets when location 

is necessary to take a necessary action. 

Under this standard, the IV–D agency 

must: 

(1) Use appropriate location sources 

such as the Federal PLS; interstate 

location networks; local officials and 

employees administering public 

assistance, general assistance, medical 

assistance, food stamps, and social 

services (whether such individuals are 

employed by the State or a political 

subdivision); relatives and friends of the 

noncustodial parent, current or past 

employers; the local telephone 

company; the U.S. Postal Service; 

financial references; unions; fraternal 

organizations; and police, parole, and 

probation records, if appropriate; and 

State agencies and departments, as 

authorized by State law, including those 

departments which maintain records of 

public assistance, wages, and 

employment, unemployment insurance, 

income taxation, driver’s licenses, 

vehicle registration, and criminal 

records and other sources; 

(2) Establish working relationships 

with all appropriate agencies in order to 

use locate resources effectively; 

(3) Within no more than 75 calendar 

days of determining that location is 

necessary, access all appropriate 

location sources and ensure that 

location information is sufficient to take 

the next appropriate action in a case; 

(4) Refer appropriate IV–D cases to the 

IV–D agency of any other State, in 

accordance with the requirements of 

§ 303.7. The IV–D agency of such other 

State shall follow the procedures in 

paragraphs (b)(1) through (b)(3) of this 

section for such cases, as necessary, 

except that the responding State is not 

required to access the Federal PLS; 

(5) Repeat location attempts in cases 

in which previous attempts to locate 

noncustodial parents or sources of 

income and/or assets have failed, but 

adequate identifying and other 

information exists to meet requirements 

for submittal for location, either 

quarterly or immediately upon receipt 

of new information which may aid in 

location, whichever occurs sooner. 

Quarterly attempts may be limited to 

automated sources, but must include 

accessing State employment security 

files. Repeated attempts because of new 

information which may aid in location 

must meet the requirements of 

paragraph (b)(3) of this section; and 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60049 

(6) Have in effect safeguards, 

applicable to all confidential 

information handled by the IV–D 

agency, that are designed to protect the 

privacy rights of the parties and that 

comply with the requirements of section 

454(26) of the Act and § 303.21. 

(c) The State must establish 

guidelines defining diligent efforts to 

serve process. These guidelines must 

include periodically repeating service of 

process attempts in cases in which 

previous attempts to serve process have 

failed, but adequate identifying and 

other information exists to attempt 

service of process. 

4. Section 303.20 is amended by 

revising paragraph (b)(7) as follows: 

§ 303.20 Minimum organizational and 

staffing requirements. 

(b) * * * 

(7) Operation of the State PLS as 

required under §§ 302.35, 303.3, and 

303.70 of this chapter. 

* * * * * 

5. In 45 CFR part 303, § 303.21 is 

added to read as follows: 

§ 303.21 Safeguarding and disclosure of 

confidential information. 

(a) Definition. Confidential 

information means any information 

relating to a specified individual or an 

individual who can be identified by 

reference to one or more factors specific 

to him or her, including but not limited 

to the individual’s Social Security 

number, residential and mailing 

addresses, employment information, 

and financial information. The amount 

of support ordered and the amount of a 

support collection are not considered 

confidential information for purposes of 

this section. 

(b) Scope. The requirements of this 

section apply to the IV–D agency, any 

other State or local agency or official to 

whom the IV–D agency delegates any of 

the functions of the IV–D program, any 

official with whom a cooperative 

agreement as described in § 302.34 of 

this chapter has been entered into, and 

any person or private agency from 

whom the IV–D agency has purchased 

services pursuant to § 304.22 of this 

chapter. 

(c) General rule. Except as authorized 

by the Act and implementing 

regulations, no entity described in 

paragraph (b) of this section shall 

disclose any confidential information 

obtained in connection with the 

performance of IV–D functions outside 

the administration of the IV–D program. 

(d) Authorized disclosures. (1) The 

entities described in paragraph (b) of 

this section shall, subject to such 

requirements as the Office may 

prescribe, disclose confidential 

information to such person or persons 

designated by the individual to whom 

the information relates to the extent 

necessary to comply with the consent or 

request of the individual. These entities 

shall also provide an individual his or 

her confidential information, upon 

request. This does not include providing 

an individual with confidential 

information concerning any other 

individual involved in the case. 

(2) The IV–D agency must, 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 for purposes directly 

connected with: 

(i) The administration of the plan or 

program approved under titles IV, XIX, 

or XXI of the Act; 

(ii) Any investigation, prosecution or 

criminal or civil proceeding conducted 

in connection with the administration of 

any such plan or program; 

(iii) Reporting to an appropriate 

agency or official, information on 

known or suspected instances of 

physical or mental injury, sexual abuse 

or exploitation, or negligent treatment or 

maltreatment of a child under 

circumstances which indicate that the 

child’s health or welfare is threatened; 

and 

(iv) Reporting to programs designated 

pursuant to sections 453A and 1137 of 

the Act for purposes of income and 

eligibility verification. 

(3) With the exception of disclosures 

to title IV–A agencies, authorized 

disclosures under paragraph (d)(2) of 

this section shall not include 

confidential information from the 

National Directory of New Hires or the 

Federal Case Registry, unless the 

information has been independently 

verified. No IRS information or financial 

institution data match information may 

be disclosed outside the administration 

of the IV–D program, unless 

independently verified or otherwise 

authorized in Federal statute. 

(e) Safeguards. In addition to, and not 

in lieu of, the safeguards described in 

§ 307.13 of this chapter, which governs 

computerized support enforcement 

systems, the IV–D agency shall establish 

appropriate safeguards to comply with 

the provisions of this section. These 

safeguards shall prohibit disclosure to 

any committee or legislative body 

(Federal, State, or local) of any 

confidential information, unless 

authorized by the individual about 

whom the information relates as 

specified in paragraph (d) of this 

section. 

(f) Penalties for unauthorized 

disclosure. Any disclosure of 

confidential information in violation of 

the Act and implementing regulations 

shall be subject to any State and Federal 

statutes that impose legal sanctions for 

such disclosure. 

Appendix A to § 303.21—Safeguarding 

Confidential Information 

[Confidential information must be 

safeguarded and released only as 

authorized] 

Authority Authorized purpose Authorized person/program Authorized information 

A. Sec 453(l) of the Act; Sec 

454 (26) of the Act; Sec. 

1102 of the Act; 45 CFR 

303.21—authorized release of information.

(1) Comply with request of 

individual.

Individual to whom information relates.Individual’s own confidential information from any IV–

D agency records. 

(2) To report child abuse 

or neglect.

Appropriate agency or official.Limited to confidential information from IV–D agency 

records (including computerized support enforcement system at state option) to extent necessary to 

make report; no NDNH, FCR, IRS or FIDM information unless independently verified. 

60050 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

Authority Authorized purpose Authorized person/program Authorized information 

(3) For Administration or 

investigation of authorized programs.

Title IV, XIX, and XXI programs, including tribal 

programs under these titles.

Limited to confidential information from IV–D agency 

records (including computerized support enforcement system at state option) to extent necessary for 

administration or investigation of programs; no 

NDNH, FCR, IRS or FIDM information unless independently verified, except NDNH or FCR information 

is available to IV–A programs without verification. 

(B) Sec. 454A(f)(3) and (5) 

of the Act; Sec 1102 of 

the Act; and 45 CFR 

307.13—computerized 

support enforcement system.

(1) To perform state agency responsibilities of 

designated programs.

State or tribal agencies administering Title IV, XIX, 

and XXI programs.

Confidential information in automated system; no 

NDNH, FCR, IRS or FIDM information unless independently verified, except NDNH or FCR information 

is available to IV–A programs without verification. 

(2) To identify and contact 

NCPs for participation in 

welfare-to-work program.

Workforce Investment 

Boards that receive welfare-to-work grants.

NCP name, address, phone number and identifying 

IV–A, case number; no NDNH, FCR, IRS or FIDM 

information unless independently verified. 

C. Sec 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 

stamp, or other state 

program under a plan 

approved under title I, X, 

XIV or XVI of the Act.

Limited to the following employer-reported information 

provided to the SDNH—individual’s name, address 

and SSN and employer’s name, address and FEIN 

(federal employer identification number); programs 

must independently verify the information before 

taking action affecting the individual; no NDNH, 

FCR, IRS or FIDM information unless independently 

verified. 

6. Revise § 303.70 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) For the purpose of locating 

individuals in a paternity establishment 

case, a case involving the establishment, 

modification, or enforcement of a 

support order, a case involving the 

unlawful taking or restraint of a child or 

a child custody or visitation case, the 

Federal PLS will compare information 

in the Federal Case Registry and the 

National Directory of New Hires and 

report match information to the State 

IV–D agency or agencies involved in the 

case, consistent with section 453 of the 

Act. 

(b) Only the central State PLS may 

make submittals to the Federal PLS for 

the purposes specified in paragraph (a) 

of this section. 

(c) All submittals shall be made in the 

manner and form prescribed by the 

Office. 

(d) All submittals shall contain the 

following information: 

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

name; 

(2) The parent’s or putative father’s 

social security number (SSN). If the SSN 

is unknown, the IV–D agency must 

make reasonable efforts to ascertain the 

individual’s SSN before making a 

submittal to the Federal PLS; and 

(3) Any other information prescribed 

by the Office. 

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

his or her designee shall attest annually 

to the following: 

(1)(i) The IV–D agency will only 

obtain information to facilitate the 

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, or for 

determining who has or may have 

parental rights with respect to a child, 

or in accordance with section 453(a)(3) 

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. 

(ii) The IV–D agency will only 

provide information to the authorized 

persons specified in sections 453(c) or 

463(d) of the Act. 

(2) In the case of a submittal made on 

behalf of a resident parent, legal 

guardian, attorney or agent of a child 

not receiving aid under title IV–A, the 

IV–D agency will verify that the 

requesting individual has complied 

with the provisions of § 302.35 of this 

chapter. 

(3) The IV–D agency will treat any 

information obtained through the 

Federal PLS as confidential and shall 

safeguard the information under the 

requirements of sections 453(b), 453(l), 

454(8), 454(26), and 463(c) of the Act, 

§ 303.21 and instructions issued by the 

Office. 

(f)(1) The IV–D agency shall 

reimburse the Secretary for the fees 

required under: 

(i) Section 453(e)(2) of the Act 

whenever Federal PLS services are 

furnished to a resident parent, legal 

guardian, attorney or agent of a child 

not receiving aid under title IV–A of the 

Act; 

(ii) Section 454(17) of the Act 

whenever Federal PLS services are 

furnished in parental kidnapping and 

child custody or visitation cases; 

(iii) Section 453(k)(3) of the Act 

whenever a State agency receives 

information from the Federal PLS 

pursuant to section 453 of the Act. 

(2)(i) The IV–D agency may charge an 

individual requesting information, or 

pay without charging the individual, the 

fees referenced in paragraph (f)(1) of this 

section. 

(ii) The State may recover the fee 

required under section 453(e)(2) of the 

Act from the noncustodial parent who 

owes a support obligation to a family on 

whose behalf the IV–D agency is 

providing services and repay it to the 

individual requesting information or 

itself. 

(iii) State funds used to pay the fee 

under section 453(e)(2) of the Act are 

not program expenditures under the 

State plan but are program income 

under § 304.50 of this chapter. 

(3) The fees referenced in paragraph 

(f)(1) of this section shall be reasonable 

and as close to actual costs as possible 

so as not to discourage use of the 

Federal PLS by authorized individuals. 

(4)(i) If a State fails to pay the fees 

charged by the Office under this section, 

the services provided by the Federal 

PLS in cases subject to the fees may be 

suspended until payment is received. 

(ii) Fees shall be paid in the amount 

and manner prescribed by the Office in 

instructions. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60051 

PART 307—COMPUTERIZED 

SUPPORT ENFORCEMENT SYSTEMS 

IN OPERATION AFTER OCTOBER 1, 

1997 

1. 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. 

2. Amend § 307.13 by revising 

paragraph (a) to read as follows: 

§ 307.13 Security and confidentiality for 

computerized support enforcement 

systems in operation after October 1, 1997. 

* * * * * 

(a) Information integrity and security. 

Have safeguards protecting the integrity, 

accuracy, completeness of, access to, 

and use of data in the computerized 

support enforcement system. These 

safeguards shall include written policies 

concerning access to data by IV–D 

agency personnel, and the sharing of 

data with other persons to: 

(1) Permit access to and use of data to 

the extent necessary to carry out the 

State IV–D program under this chapter; 

(2) Specify the data which may be 

used for particular IV–D program 

purposes, and the personnel permitted 

access to such data; 

(3) Permit exchanging information 

with State and tribal agencies 

administering programs under titles IV, 

XIX, and XXI of the Act, to the extent 

necessary to carry out State and tribal 

agency responsibilities under such 

programs in accordance with section 

454A(f)(3) of the Act; and to the extent 

that it does not interfere with IV–D 

agency meeting its own obligations. 

(4) Permit disclosure of noncustodial 

parent names, addresses, telephone 

numbers, and identifying IV–A case 

number information to Workforce 

Investment Boards (formerly called 

private industry councils) that receive 

welfare-to-work grants as specified in 

section 454A(f)(5) of the Act. 

(5) Except for disclosure of National 

Directory of New Hire or Federal Case 

Registry information to title IV–A 

agencies, limit disclosure of National 

Directory of New Hire or Federal Case 

Registry information, IRS information or 

financial institution data match 

information, outside the IV–D program, 

to information that has been 

independently verified. 

* * * * * 

[FR Doc. 05–20508 Filed 10–13–05; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants: 90-Day Finding on a 

Petition To List the California Spotted 

Owl as Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of reopening of public 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

for the status review initiated by the 90- 

day finding on a petition to list the 

California spotted owl (Strix 

occidentalis occidentalis) as threatened 

or endangered, under the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531 et seq.) (Act). On June 21, 

2005 (70 FR 35607), we published a 

positive 90-day finding and initiated a 

status review of the subspecies to 

determine if listing under the Act is 

warranted. The original comment period 

closed on August 22, 2005. To ensure 

that the status review is comprehensive, 

we are reopening the comment period to 

solicit additional scientific and 

commercial information regarding this 

subspecies. This will allow all 

interested parties an additional 

opportunity to provide information on 

the status of the subspecies under the 

Act. 

DATES: To be considered in the 12- 

month finding for this petition, 

comments and information must be 

submitted directly to the Service (see 

ADDRESSES) by October 28, 2005. All 

comments submitted to the Service from 

June 21, 2005, through October 28, 

2005, will be considered by the Service 

in the development of the 12-month 

finding, but any comments received 

after the closing date may not be 

considered in that finding. 

ADDRESSES: If you wish to comment, 

you may submit your comments, new 

information, materials, or questions 

concerning this species by any one of 

the following methods: 

(1) You may submit written comments 

to the Field Supervisor (Attn: California 

Spotted Owl), U.S. Fish and Wildlife 

Service, Sacramento Fish and Wildlife 

Office, 2800 Cottage Way, Suite W–

2605, Sacramento, CA 95825. 

(2) You may send comments by 

electronic mail (e-mail) to: 

ca_spotted_owl@fws.gov. See the 

‘‘Public Comments Solicited’’ section 

below for file format and other 

information on electronic filing. 

(3) You may fax your comments to 

(916) 414–6712. 

(4) You may hand-deliver comments 

to our Sacramento Fish and Wildlife 

Office at the address above. 

See also the ‘‘Public Information 

Solicited’’ section for more information 

on submitting comments. 

All comments and materials received, 

as well as supporting documentation 

used in the preparation of the 90-day 

finding, status review, and 12-month 

finding, will be available for public 

inspection, by appointment, during 

normal business hours, at the above 

address. You may obtain copies of the 

90-day finding from the above address, 

by calling (916) 414–6600, or from our 

Web site at http://www.fws.gov/pacific/ 

sacramento/. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Roessler, Sacramento Fish and 

Wildlife Office (see ADDRESSES above), 

or at telephone (916) 414–6600, or by 

facsimile at (916) 414–6712. You may 

also obtain additional information on 

our Web site at http://www.fws.gov/ 

pacific/sacramento/. Information 

regarding the 90-day finding is available 

in alternative formats upon request. 

SUPPLEMENTARY INFORMATION: 

Public Information Solicited 

We request any additional data, 

comments, and suggestions from the 

public, other concerned governmental 

agencies, Native American Tribes, the 

scientific community, industry, or any 

other interested parties concerning the 

status of the California spotted owl. Of 

particular interest in the status review is 

information pertaining to the factors the 

Service uses to determine if a species is 

threatened or endangered: (1) Present or 

threatened destruction, modification, or 

curtailment of its habitat or range; (2) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (3) disease or predation; (4) 

inadequacy of existing regulatory 

mechanisms; and (5) other natural or 

human-caused factors affecting its 

continued existence. 

We are particularly seeking comments 

and information concerning the 

following: 

(1) Biological, commercial trade, or 

other relevant data concerning any 

threat (or lack thereof) to the California 

spotted owl; 

(2) The location of any additional 

subpopulations or breeding sites of this 

species, and the reasons why any 

habitat should or should not be 

determined to be critical habitat 

pursuant to section 4 of the Act;