DCL-98-81

DEAR COLLEAGUE LETTER

DCL-98-81

DATE: August 17, 1998

TO: ALL STATE IV-D DIRECTORS

RE: IV-D Access to Records of Cable Television Companies

Dear Colleague:

The purpose of this letter is to advise you of a conflict within the Federal law that is denying IV-D agency access to the records of cable television companies.

As you know, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, amended section 466(c)(1)(D)(ii)(II) of the Social Security Act, 42 U.S.C. 666(c)(1)(D)(ii)(II) to require the States to enact laws and establish procedures under which the IV-D agency would have access to certain information with respect to noncustodial parents. However, another Federal law, section 631 of the Cable Communications Policy Act of 1984, 47 U.S.C. 551, also exists which precludes a cable television company from releasing this information to the IV-D agency.

OCSE is working with ACF's Office of Legislation and Budget to resolve this inconsistency within Federal law. We will keep you advised of our progress. For additional information, please contact Marilyn R. Cohen, Policy Branch, at 202-401-5366

Sincerely,

David Gray Ross
Commissioner
Office Of Child Support Enforcement

cc: ACF Hub Directors and Regional Administrators
Child Support Program Managers, Region I-X